District of Columbia Small Estate Affidavit and Small Estates Proceeding
Settled Estate puts the District of Columbia small estate affidavit limit at $80,000, subject to conditions this page sets out in full. Real property cannot pass this way. Last verified October 2026.
The District has two small-estate routes, and a house decides between them. The affidavit skips court for an estate of $40,000 or less with no real estate. The court small estates proceeding reaches $80,000 and counts D.C. real estate.
Based on D.C. Code § 20-361
By Settled Estate Editorial
Does the District of Columbia Have a Small Estate Affidavit?
Yes, since March 21, 2025. D.C. Code § 20-361 lets the holder of a small asset pay or deliver it to a designated successor on an affidavit made by all known successors, with no court case. It works only when the entire probate estate, wherever located, less liens and encumbrances, is $40,000 or less and includes no interest in real property, at least 60 days have passed since the death, and no application to appoint a personal representative is pending or has been granted anywhere. When the affidavit does not fit, the court small estates proceeding under D.C. Code § 20-351 handles an estate whose property subject to administration in the District is worth $80,000 or less, and D.C. real estate counts toward that figure rather than closing it. Both figures were set by D.C. Law 25-302 and apply to deaths on or after March 21, 2025.
Do you qualify?
- Qualifying threshold
- $80,000 of property subject to administration in the District for the court small estates proceeding (D.C. Code § 20-351), real estate included, and $40,000 for the no-court affidavit (D.C. Code § 20-361(a)(1)), measured on the whole probate estate wherever located, less liens and encumbrances, with no interest in real property. Both apply to deaths on or after March 21, 2025.Count only what passes through probate: property in the person's name alone. Joint accounts with a survivor, accounts and policies with a named beneficiary, and real estate covered by a transfer on death deed recorded before the death pass outside probate and are left out of both figures. For the affidavit, add probate property outside D.C. as well, subtract liens, and confirm the estate is worth more than its known debts. For a death before March 21, 2025, the court figure is $40,000 and the affidavit is not available.
- Waiting period
- Sixty days after the death for the affidavit, shown by a certified death certificate attached to it (D.C. Code § 20-361(a)(2)). The court small estates proceeding has no waiting period; if the court directs notice, it is published once and claims and objections are due within 30 days of publication (D.C. Code § 20-353(b)).
- Court filing fee
- $0 for the affidavit, which is handed to the holder of the asset and never filed with the court. For the court small estates proceeding, the Register of Wills charges no fee where the estate does not exceed $500 and at most $15 where it does not exceed $2,500 (D.C. Code § 15-707(b)); above that the Superior Court's own fee schedule applies (§ 15-707(a)), and we could not read it, so confirm the amount with the Register of Wills. Certified death certificates cost $18 each from DC Health.
- Attorney
- Not typically neededNo requirement. The affidavit is signed by the successors themselves, and a personal representative in a court small estates proceeding need not be represented by an attorney (D.C. Code § 20-354(a)). Advice earns its cost when the estate sits near a limit, when it is unclear whether real estate passed outside probate, or when the successors disagree.
- Real estate
- Varies by procedure and countyReal estate splits the two routes. Any interest in real property, in D.C. or anywhere else, closes the affidavit, whatever it is worth (D.C. Code § 20-361(a)(1)). It does not close the court small estates proceeding: all of a decedent's property, real estate included, passes to the personal representative (D.C. Code § 20-105), so D.C. real estate counts toward the $80,000 figure and can be administered within it. Real estate covered by a transfer on death deed recorded with the Recorder of Deeds before the owner's death passes to the named beneficiaries outside probate (D.C. Code §§ 19-604.05, 19-604.09) and counts toward neither.
Main Requirements
Whole Probate Estate of $40,000 or Less
The entire probate estate, wherever located, less liens and encumbrances, must not exceed $40,000 as of the date of death, and must be worth more than its known debts (D.C. Code § 20-361(a)(1)).
No Interest in Real Property
Any interest in real property, in D.C. or anywhere else, closes the affidavit at any value (D.C. Code § 20-361(a)(1)). The court small estates proceeding remains open to an estate with D.C. real estate.
Sixty Days Have Passed Since the Death
Shown by a certified death certificate attached to the affidavit (D.C. Code § 20-361(a)(2)).
No Personal Representative Application Anywhere
No application for the appointment of a personal representative may be pending or have been granted in any jurisdiction (D.C. Code § 20-361(a)(3)).
Funeral Expenses Paid
The affidavit must state that the funeral expenses have been paid (D.C. Code § 20-361(a)(5)).
Made by All Known Successors
The affidavit is made by all of the known successors (D.C. Code § 20-361(a)), and the successor named in it swears to its statements under penalty of perjury (§ 20-361(a)(8)). One heir cannot act for the others.
Death on or After March 21, 2025
The affidavit applies to estates of people who died on or after March 21, 2025 under D.C. Law 26-164, a temporary act effective until March 27, 2027.
A Will Does Not Have to Be Admitted First, for Now
The current text repeals the requirement that any will was admitted to probate (D.C. Code § 20-361(a)(4), as amended by D.C. Law 26-164, a temporary act effective until March 27, 2027). If that act lapses without a permanent replacement, a will must again be admitted before the affidavit can be used.
Available Small-Estate Options
Payment of Small Assets by Affidavit, D.C. Code § 20-361
- Limit
- Whole probate estate of $40,000 or less, net of liens, with no interest in real property
- Real Estate
- Not included
- Timeline
- Usable 60 days after the death, then as long as each holder takes to pay or deliver
- Typical Fee
- $0. Never filed. Certified death certificates at $18 each
Small Estates Proceeding, D.C. Code §§ 20-351 to 20-356
- Limit
- Property subject to administration in D.C. of $80,000 or less, real estate included
- Real Estate
- Can be included
- Timeline
- If the court directs notice, claims and objections are due 30 days after it is published
- Typical Fee
- No fee up to $500 and at most $15 up to $2,500 (D.C. Code § 15-707(b)); above that, the Superior Court schedule
Abbreviated Probate, D.C. Code § 20-311
- Limit
- No dollar threshold. The ordinary route for a larger estate
- Real Estate
- Can be included
- Timeline
- Creditor claims close six months after the first published notice of appointment (D.C. Code § 20-903(a))
- Typical Fee
- Set by the Superior Court schedule (D.C. Code § 15-707(a))
Every known successor must sign, and any real estate closes the affidavit.
The D.C. affidavit fails most often for two reasons that have nothing to do with the dollar figure. It must be made by all of the known successors (D.C. Code § 20-361(a)), so a single heir who will not take part ends the route. And any interest in real property, even a small share of land outside D.C., closes it (§ 20-361(a)(1)). In either case the court small estates proceeding, which counts D.C. real estate toward its $80,000 figure, is usually the next step.
Step-by-Step Process
1
Check for Real Estate First
List any real estate the person owned, in D.C. or elsewhere. Any interest in real property closes the affidavit at any value. Real estate covered by a transfer on death deed recorded before the death passed outside probate and does not count. If probate real estate remains, go to the court small estates proceeding or full probate instead.
2
Total the Whole Probate Estate
Add up everything in the person's name alone, including probate property outside D.C., and subtract liens and encumbrances. The total must be $40,000 or less (D.C. Code § 20-361(a)(1)), and the estate must be worth more than its known debts. Leave out joint accounts with a survivor and accounts with a named beneficiary.
3
Wait 60 Days and Pay the Funeral Bill
At least 60 days must have passed since the death, and a certified death certificate is attached to the affidavit to show it (D.C. Code § 20-361(a)(2)). The funeral expenses must already be paid (§ 20-361(a)(5)).
4
Confirm No Probate Has Been Opened Anywhere
No application for the appointment of a personal representative may be pending or granted in any jurisdiction (D.C. Code § 20-361(a)(3)). Ask relatives, and check with the Register of Wills, before signing.
5
Have Every Known Successor Sign
The affidavit is made by all known successors (D.C. Code § 20-361(a)). It lists every successor and each one's share, names the designated successor who collects the asset and owes the others a fiduciary duty to pay it over promptly, and the successor named in it swears that every statement is true under penalty of perjury (§ 20-361(a)(6) to (8)). One heir cannot sign for the others.
6
Present It to Each Holder
Give the affidavit and the certified death certificate to each bank, transfer agent or other holder of a small asset, which must pay or deliver it to the designated successor. For a vehicle, the D.C. DMV must transfer the title on the affidavit (D.C. Code § 20-361(d)). A holder who refuses without reasonable cause can be made to pay the costs and attorney fees of getting the asset (D.C. Code § 20-362(c)).
7
Use the Court Route If the Affidavit Does Not Fit
If there is real estate, or the estate is over $40,000 but its property subject to administration in D.C. is $80,000 or less, a person eligible to serve as personal representative files a verified petition for a small estates proceeding with the Probate Division, listing known creditors and pending lawsuits (D.C. Code §§ 20-351, 20-352).
District Note: The District of Columbia has no counties and one probate court. Every estate that needs a court goes to the Probate Division of the Superior Court of the District of Columbia (D.C. Code § 20-101(b)), and the Register of Wills, an office within it, takes the filings. The affidavit is not filed anywhere: it goes straight to the bank, transfer agent or other holder, and the D.C. DMV must transfer a vehicle title on the same affidavit (D.C. Code § 20-361(d)).
FAQ: District of Columbia Small Estate Affidavit
Does D.C. have a small estate affidavit?
Yes, for deaths on or after March 21, 2025. D.C. Code § 20-361 lets the holder of a small asset pay or deliver it to a designated successor on an affidavit made by all known successors, with no court case. The whole probate estate, wherever located and net of liens, must be $40,000 or less with no interest in real property, at least 60 days must have passed since the death, no personal representative application may be pending or granted anywhere, and the funeral expenses must be paid.
What is the D.C. small estate limit?
There are two. The no-court affidavit is capped at $40,000, measured on the whole probate estate wherever located, less liens and encumbrances (D.C. Code § 20-361(a)(1)). The court small estates proceeding reaches $80,000, measured on property subject to administration in the District, real estate included (D.C. Code § 20-351). Both figures apply to deaths on or after March 21, 2025. For an earlier death the court figure is $40,000 and there is no affidavit.
Can I use the D.C. small estate affidavit if there is a house?
No. Any interest in real property closes the affidavit, at any value and wherever the property is (D.C. Code § 20-361(a)(1)). The court small estates proceeding is still available, because D.C. real estate counts toward its $80,000 figure rather than ruling it out. Real estate covered by a transfer on death deed recorded before the death passed outside probate and does not count.
How much does a D.C. small estate affidavit cost?
There is no court fee, because the affidavit is given to the holder of the asset and never filed. Certified death certificates cost $18 each from DC Health, and one must be attached to the affidavit. The court small estates proceeding does carry court fees: none where the estate does not exceed $500, no more than $15 where it does not exceed $2,500 (D.C. Code § 15-707(b)), and the Superior Court's own schedule above that.
Who signs the D.C. small estate affidavit?
All of the known successors make it (D.C. Code § 20-361(a)). It lists each successor's share and names the designated successor who collects the asset and holds it under a fiduciary duty to pay the others promptly, and the successor named in it swears to its statements under penalty of perjury (§ 20-361(a)(6) to (8)). If one heir will not take part, the affidavit cannot be used, and the court small estates proceeding or full probate is the route.
Does the will have to be probated before using the affidavit?
Not at the moment. The requirement that any will was admitted to probate, D.C. Code § 20-361(a)(4), is repealed in the current text by D.C. Law 26-164, a temporary act effective until March 27, 2027. If the Council does not make that change permanent, a will must again be admitted to probate before the affidavit can be used.
Official Forms, Sources, and VerificationOfficial references used for this page
- D.C. Code § 20-361, Payment or delivery of small asset by affidavitCouncil of the District of Columbia, D.C. Code. Current official code text, accessed October 4, 2026.
- D.C. Code § 20-362, Effect of affidavitCouncil of the District of Columbia, D.C. Code. Current official code text, accessed October 4, 2026.
- D.C. Code § 20-351, General (small estates proceeding)Council of the District of Columbia, D.C. Code. Current official code text, accessed October 4, 2026.
- D.C. Code § 20-354, Duties of personal representativesCouncil of the District of Columbia, D.C. Code. Current official code text, accessed October 4, 2026.
- D.C. Law 25-302, Strengthening Probate Administration Amendment Act of 2024Council of the District of Columbia. Effective March 21, 2025, accessed October 4, 2026.
- D.C. Law 26-164, Strengthening Probate Administration Temporary Amendment Act of 2026Council of the District of Columbia. Effective August 14, 2026 until March 27, 2027, accessed October 4, 2026.
- Vital Records Fee ScheduleDC Health, Vital Records Division. Agency fee schedule, accessed October 4, 2026.
Information current as of May 31, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in District of Columbia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.