District of Columbia Small Estate Procedure

The cap conflict: read this first

Two official District sources state different caps for the court small-estate proceeding, and this guide states both instead of picking one silently.

The D.C. Code, as published in the D.C. Law Library by the Council of the District of Columbia, states in section 20-351: "If the property of a decedent subject to administration in the District of Columbia has a value of $80,000 or less, the property may be administered as a small estate in accordance with the provisions of this subchapter." The enrolled act for the Strengthening Probate Administration Amendment Act of 2024 states that section 20-351 was amended by striking "$40,000" and inserting "$80,000," and that the act also added the transfers-by-affidavit subchapter. The act took effect March 21, 2025, and a later temporary amendment clarifies that it applies to estates of decedents who died on or after March 21, 2025.

The DC Courts FAQ page states something different. As crawled on November 2, 2026, it states that a small estate proceeding may be opened for people who died after April 26, 2001, with assets of $40,000 or less, with $10,000 or less for deaths between January 1, 1981, and June 30, 1995, and $15,000 or less for deaths between July 1, 1995, and April 26, 2001. The Courts page has not been updated to the $80,000 figure in the text read for this guide.

Do not file on either figure alone. Ask the Probate Division, or the small estate specialist who reviews the petition, which cap applies for the decedent's date of death, and confirm the answer before relying on the $80,000 figure for a death before March 21, 2025. The older date tiers in the FAQ are stated here only as the FAQ states them; they are not reconciled with the amended Code in this guide.

Track 1: court small-estate proceeding, sections 20-351 to 20-354

This track is a court proceeding. It ends in a court order appointing a personal representative. It is not a holder-presented affidavit, and no affidavit step belongs in it.

Any person eligible for appointment as personal representative under section 20-303 may file a verified petition for administration of a small estate. The petition must contain, in addition to the general petition information required by section 20-304, a statement that the petitioner has made a diligent search to discover all property and debts of the decedent, a list of the known creditors with the amount of each claim including contingent and disputed claims, and a statement of any legal proceedings pending in which the decedent was a party. Section 20-304 requires the petition to state the decedent's name, domicile, and place and date of death, the petitioner's name, address, age, citizenship, relationship, interest, and legal disability, the facts conferring jurisdiction, any other proceeding filed elsewhere, the character, location, and estimated value of the real and personal property and total estimated debts and funeral expenses, and the names and addresses of all interested persons.

Priority for appointment follows section 20-303: the personal representative named in an admitted will; the surviving spouse, domestic partner, or children of an intestate decedent, or the surviving spouse or domestic partner of a testate decedent; residuary legatees; children of a testate decedent; grandchildren; parents; brothers and sisters; next of kin; other relations; the largest creditor who applies; then any other person. The DC Courts FAQ adds the working rule: the nominated personal representative in a will, or an heir with the highest priority if there is no will, may file, and filing is easier and faster if the person with the highest priority files. A non-heir may open a small estate if an heir with the highest priority co-petitions, with consents and renunciations from the other heirs filed. An heir with lower priority needs renunciations from heirs with higher priority. A creditor may open a small estate by filing a petition for standard probate, as the FAQ words it; the Code now calls that track formal probate.

The small estate specialist reviews the Petition for Administration of Small Estate before filing, to confirm it complies with the law, whether the documents verifying assets and debts are sufficient, whether more information is needed, and whether publication is required. If the information is not complete, the petition is not accepted for filing and is returned with a list of the missing information. After the petition is accepted, the specialist prepares an order for the judge's signature. In most cases the order appoints a personal representative. It may be a preliminary order directing that notice to potential creditors be published or that the personal representative file a Verification of Assets, or a final order specifying who receives the assets and in what amounts. The order may set a time period for additional items and state that the proceeding will be dismissed if they are not filed in time.

If the Court finds the petition and any additional information accurate, section 20-353 directs the Court to appoint a personal representative, direct immediate payment of allowable funeral expenses and the family allowance, direct sale of property as necessary to satisfy those amounts, and, if property will remain after funeral expenses and no family allowance is payable, admit the will if any to probate and direct notice. Where the Court directs notice, section 20-353 requires notice once in the form required by section 20-704, with claims or objections to the will, the proceeding, or the appointment due within 30 days of publication.

Publication follows the Courts page rule, not a flat always-publish rule. Publication is needed if the value of the estate's assets, real estate and personal property, is more than $1,500, unless the heir is the decedent's spouse or a minor child under 18, or the heir is the decedent's adult child and the estate's assets are under $11,500. A small estate may be opened when the assets include real estate located outside the District; publication is required in that case. If publication is required, the Probate Division sends the Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs form to a newspaper of general circulation selected by the personal representative. The publication cost follows the newspaper's current rates and is paid in advance by the filer. The notice is published only once, states that the estate is being administered as a small estate, names the personal representative, and gives creditors and unknown heirs 30 days to file claims or object to the appointment. It is mailed to all interested persons and known creditors by registered or certified mail, return receipt requested, and the personal representative must make diligent efforts to locate each creditor. Proof of publication is filed with the small estate specialist in the Legal Branch of the Probate Division.

A personal representative in a small estate is not required to be represented by an attorney, is not required to give bond, and is not entitled to commission for performing the duties of personal representative, under section 20-354. The Courts FAQ adds that persons, including attorneys, appointed as personal representatives in small estates are not entitled to be paid for acting as personal representatives, and that attorneys for personal representatives can receive up to $1,000 depending on the size of the estate and other payments approved by the Court in the final order. If notice was required and 30 days have expired since publication, the personal representative files proof of publication and a verified list of all claims including contingent and disputed claims and their amounts since the original petition. The Court hears objections and, if satisfied, directs payment of all proper claims and expenses and distribution of the net estate under the will or, for intestacy, to the heirs.

Only a Court-appointed personal representative has authority over assets solely owned by a deceased person when there is no beneficiary or payable-on-death designation, according to the Courts FAQ. The personal representative collects the assets and distributes them under the Court's final order. After-discovered property must be reported to the Court immediately by verified supplemental petition under section 20-355; that section still carries a $15,000 figure that has not been reconciled with the amended $80,000 cap in the sources read, so this guide states no after-discovered-property threshold and flags the figure as open.

Track 2: transfer by affidavit, sections 20-360 to 20-362

This track is separate from the court proceeding, has its own lower cap, and covers only a small asset other than real property. Do not use it for real property, and do not carry any other state's affidavit waiting period, cap, or form into it.

A "small asset" means any indebtedness owed to, or any asset belonging or presently distributable to, the decedent, other than real property, including a bank account, savings institution account, credit union account, brokerage account, security, deposit, tax refund, overpayment, item of tangible personal property, or an instrument evidencing a debt, obligation, stock, or chose in action. A "successor" is any person other than a creditor entitled under the will or intestacy laws to part or all of a small asset. A "designated successor" is the successor designated to receive payment or delivery on behalf of other successors, with a fiduciary duty to safeguard and promptly pay or deliver the asset as District law requires.

Any person holding a small asset must pay or deliver it to the designated successor on presentation of an affidavit made by all known successors stating: the value of the decedent's entire probate estate, less liens and encumbrances, as of the date of death, wherever located, exceeds the estate's known liabilities but does not exceed $40,000, and the estate does not include an interest in real property; at least 60 days have elapsed since death, shown in a certified copy of the death certificate attached to the affidavit; no application for appointment of a personal representative is pending or has been granted in any jurisdiction; the funeral expenses have been paid; the names and addresses of all successors to the extent known, and the amount, proportion, or percentage of the small asset each is entitled to; the name of each designated successor, the grounds for representation, and the designated successor's fiduciary duty; and a sworn statement under penalty of perjury that all statements in the affidavit are true and material.

The $40,000 affidavit cap is the figure in section 20-361 as read. It was not raised by the amendment that raised the court-proceeding cap to $80,000. The two caps are different tracks with different figures, and the affidavit cap must never be stated as $80,000.

A person who pays or delivers under section 20-361 is discharged and released to the same extent as if dealing with the decedent's personal representative, and need not see the application of the asset or inquire into the truth of any affidavit statement, under section 20-362. If a holder refuses to pay or deliver, the asset may be recovered, or payment or delivery compelled, with damages, on proof of rightful claim in a proceeding brought for that purpose. A holder who refuses without reasonable cause is liable for all costs including reasonable attorney fees, and bears the burden of proving reasonable cause by a preponderance of the evidence. A transfer agent must change registered ownership of a security on presentation of the affidavit and surrender of certificates. The Department of Motor Vehicles must transfer title of a motor vehicle on presentation of the affidavit and payment of any necessary fees. The designated successor may endorse or negotiate a check, draft, or other negotiable instrument payable to the decedent or the estate. A distributee has the same rights as a personal representative under Chapter 25 of Title 21 to access a digital asset of the decedent, for purposes of the affidavit section.

Forms, fees, and filing

To open an estate case, file documents with the Register of Wills. The DC Courts Estates page lists the Petition for Administration of Small Estate among the forms for opening a case, with a filing fee or fee waiver. Filing fees for estate cases depend on the size of the estate and the type of case, and the Estates page points to D.C. Code section 15-707, under which the Register of Wills may demand and receive in advance such fees as set by the court having jurisdiction over probate matters. No dollar filing-fee figure is stated in this guide, because no current fee figure was verified on DC Courts pages this run. A fee waiver may be requested if the filing fee cannot be afforded.

The Courts FAQ recommends filing the petition in person so questions can be resolved immediately and the petition processed more efficiently. If the filer does not live in the Washington DC metropolitan area or cannot file in person for another reason, the petition, filing fee, and required attachments may be mailed to Probate Division, DC Superior Court, 515 5th Street, NW, 3rd Floor, Washington, DC 20001. As a general rule, if the paperwork submitted is complete, only one visit is needed; incomplete paperwork or additional supporting documents mean more meetings. The Probate Division phone number given on the Courts pages is 202-879-1010.

No affidavit form number is stated in this guide. The Code states the affidavit's contents, not a form number, and no current affidavit form was verified on DC Courts pages this run. Use the affidavit contents section 20-361 requires, and confirm the current form with the Probate Division before presenting an affidavit to a holder.

What this guide does not state

No family-allowance dollar figure is stated, because the Code section the small-estate proceeding cites for the allowance is shown as repealed in the Code text read, and no current allowance figure was verified on DC Courts pages this run. No funeral-expense reimbursement figure is stated, for the same reason. No waiting period is stated for the court proceeding: the 60-day period belongs to the affidavit track only and must never be transferred into the proceeding. Section 20-355, on after-discovered property, still carries a $15,000 figure in the Code text read; it is not reconciled with the amended $80,000 cap here and no threshold from it is stated.

For small-estate procedures in other states, see the Small Estate Affidavits by State directory. For the questions each state's procedure answers, see Small Estate Affidavit Questions.

Source

Sources: D.C. Law Library, D.C. Code Title 20, Chapter 3, at code.dccouncil.gov (sections 20-301, 20-303, 20-304, 20-351, 20-352, 20-353, 20-354, 20-355, 20-360, 20-361, 20-362, read in full); District of Columbia Courts, Small Estates page at dccourts.gov (specialist review, publication thresholds, single publication and 30-day rule, proof of publication); District of Columbia Courts, Frequently Asked Questions at dccourts.gov ($40,000 FAQ cap and date tiers, personal-representative pay and $1,000 attorney figure, out-of-District real estate, in-person filing and mailing address, priority filing rules, sole authority of a Court-appointed personal representative); District of Columbia Courts, Estates page at dccourts.gov (Petition for Administration of Small Estate, filing fee or fee waiver, fees under section 15-707); enrolled Strengthening Probate Administration Amendment Act of 2024, D.C. Act 25-696, at lims.dccouncil.gov (section 20-351 amendment from $40,000 to $80,000, affidavit subchapter addition), and the Strengthening Probate Administration Temporary Amendment Act of 2025 at lims.dccouncil.gov (March 21, 2025 effectiveness and applicability to deaths on or after that date). Facts verified 2026-11-03. Open flags: (1) the DC Courts FAQ $40,000 cap conflicts with the Code $80,000 cap and is unresolved on the Courts pages; confirm with the Probate Division for the decedent's date of death; (2) no current filing-fee dollar figure, affidavit form number, family-allowance figure, or funeral-expense figure was verified on DC Courts pages this run, so none is stated; (3) section 20-355 still carries a $15,000 figure unreconciled with the amended cap, so no after-discovered-property threshold is stated.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to the Probate Division of the DC Superior Court.