Superior Court of the District of Columbia, Probate Division Guide

No court case. A person holding a small asset must pay or deliver it to the designated successor on an affidavit made by all known successors meeting § 20-361(a). Any interest in real property, anywhere, rules this route out. The affidavit is presented to the asset holder (a bank, a transfer agent, or the DMV for a vehicle title under § 20-361(d)); it is not filed with the Court.

• The entire probate estate, less liens and encumbrances, wherever located, does not exceed $40,000 and exceeds known liabilities
• The estate includes no interest in real property
• At least 60 days have passed since the death, shown by an attached certified death certificate
• No application for appointment of a personal representative is pending or has been granted in any jurisdiction
• The funeral expenses have been paid
• The affidavit is made by all known successors, under penalty of perjury

Qualifies:

$40,000

Added by D.C. Law 25-302 (effective March 21, 2025). The current text repeals the requirement that any will was admitted to probate, § 20-361(a)(4) (D.C. Code § 20-361(a), as amended by D.C. Law 26-164, a temporary act effective until March 27, 2027); the permanent text keeps it. While that act is in force the route applies to deaths on or after March 21, 2025.

A court proceeding for an estate whose property subject to administration in the District of Columbia has a value of $80,000 or less (D.C. Code § 20-351). Real property in the District counts toward that figure. Any person eligible to be personal representative under § 20-303 files a verified petition listing known creditors and pending lawsuits (§ 20-352). If the Court directs notice, it is published once, and claims and objections are due within 30 days of publication (§ 20-353(b)). The small-estate personal representative needs no attorney, gives no bond and takes no commission (§ 20-354(a)).

Qualifies:

$80,000

D.C. Law 25-302 raised the figure from $40,000 to $80,000 effective March 21, 2025. The clause keying the new figure to deaths on or after March 21, 2025 is itself temporary (D.C. Law 26-164, a temporary act effective until March 27, 2027); for an earlier death the $40,000 figure applies. Do not quote § 20-355's 'less than $15,000', which was not updated.

The ordinary way to open a District estate of any size. An interested person files a petition for an abbreviated probate proceeding with the Court, and it may go ahead without the prior notice formal probate requires (D.C. Code § 20-311(a), as amended by D.C. Law 26-164, a temporary act effective until March 27, 2027). The Court or the Register of Wills appoints the personal representative, and the appointment is an order for unsupervised administration unless the order says otherwise (§ 20-312(a), same temporary act). It 'shall be set aside' if an interested person requests formal probate within 6 months after notice of the appointment under § 20-704 (§ 20-331(a)).

Qualifies:

Larger estates, or when no simplified option fits

Under the permanent text of §§ 20-311 and 20-312, which returns when the temporary act lapses, the Register of Wills admits the will and appoints the personal representative on request in the petition, and only the Court is named as appointing. Re-read both sections before relying on this after March 2027.

A proceeding conducted after notice under § 20-323, used particularly when due execution of a will cannot be presumed (D.C. Code § 20-321). It must be instituted if, before abbreviated probate, an interested person or creditor requests it, or the abbreviated petition appears materially incomplete or incorrect, or as provided in § 20-331 (§ 20-322). Formal probate is not the same as supervised administration: whether the personal representative is supervised is a separate order (§§ 20-312(a), 20-401).

Qualifies:

Estate over thresholds or complex situations

D.C. Law 25-302 (effective March 21, 2025) renamed 'standard probate' to 'formal probate'.

An abbreviated probate proceeding is instituted when an interested person files a petition for probate with the Court and may be conducted without the prior notice required for formal probate. It "shall be set aside" if, within 6 months after notice of the appointment under § 20-704, an interested person requests a formal probate proceeding (§ 20-331(a)). The current wording of § 20-311 rests on temporary text (D.C. Code § 20-311, as amended by D.C. Law 26-164, a temporary act effective until March 27, 2027); the permanent text has the Register of Wills admit the will and appoint the personal representative on request.

Attorney:

not required by law, though many families use one

A court small estates proceeding is available if the property of a decedent subject to administration in the District of Columbia has a value of $80,000 or less (§ 20-351). A small-estate personal representative need not be represented by an attorney, gives no bond, and takes no commission (§ 20-354(a)).

Qualifies:

$80,000

No court filing. A holder of a small asset must pay or deliver it to the designated successor on an affidavit made by ALL known successors stating that the entire probate estate, less liens and encumbrances, wherever located, does not exceed $40,000 and includes no interest in real property; that at least 60 days have passed since the death; that no application for a personal representative is pending or granted anywhere; that funeral expenses are paid; and naming the successors and shares. Added by D.C. Law 25-302 (effective March 21, 2025). The requirement that any will was admitted to probate, § 20-361(a)(4), is repealed in the current text (D.C. Code § 20-361(a), as amended by D.C. Law 26-164, a temporary act effective until March 27, 2027).

Qualifies:

$40,000