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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationDistrict of Columbia

Small estates in the District of Columbia

Where the District of Columbia law lets a smaller estate be settled without full probate, these are the official words on how: who may use the route, what it covers and what the paperwork must say. Whether a particular estate fits is for the court, the bank or company holding the asset, or an attorney in the District of Columbia; nothing on this page decides it.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

The affidavit for a small asset: who signs it, the value limit, real property, and the waiting period

Any person having possession of a small asset shall pay or deliver the small asset to the designated successor of the decedent upon being presented an affidavit made by all of the known successors stating:

The value of the decedent's entire probate estate, less liens and encumbrances, as of the date of the decedent's death, wherever located, exceeds the estate's known liabilities but does not exceed $40,000, and that such estate does not include an interest in real property;

At least 60 days have elapsed since the decedent's death as shown in a certified copy of the decedent's death certificate attached to the affidavit;

District of Columbia · general information · checked October 24, 2026 · D.C. Code §20-361(a) (D.C. Law 25-302)

What else the affidavit must state: the funeral expenses, and the oath under penalty of perjury

This section includes amendments by temporary legislation that will expire on March 27, 2027.

The funeral expenses of the decedent have been paid;

The person named as successor to the small asset under the affidavit swears or affirms that all statements in the affidavit are true and material, under penalty of perjury pursuant to § 22-2402.

District of Columbia · general information · checked October 24, 2026 · D.C. Code §20-361(a)

The small estate proceeding in the Probate Division, and its value limit

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.

District of Columbia · general information · checked October 24, 2026 · D.C. Code §20-351 (D.C. Law 25-302)

Who may petition to administer a small estate

Any person eligible for appointment as the personal representative of an estate pursuant to section 20-303 may file a verified petition for administration of a small estate.

District of Columbia · general information · checked October 24, 2026 · D.C. Code §20-352

How long after the notice there is to claim or object, in a small estate

the period within which claims must be filed or objection must be made to contest the validity of the will or the small estates proceeding or the appointment of the personal representative shall be 30 days from the date of publication of notice.

District of Columbia · general information · checked October 24, 2026 · D.C. Code §20-353(b)

The small estate case and its petition, in the Probate Division’s own words

For someone who had property worth $80,000 or less.

Petition for Administration of Small Estate

District of Columbia · general information · checked October 24, 2026 · D.C. Superior Court, Probate Division

The same page for other states

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FAQ

Common questions

Any person having possession of a small asset shall pay or deliver the small asset to the designated successor of the decedent upon being presented an affidavit made by all of the known successors stating:

The value of the decedent's entire probate estate, less liens and encumbrances, as of the date of the decedent's death, wherever located, exceeds the estate's known liabilities but does not exceed $40,000, and that such estate does not include an interest in real property;

At least 60 days have elapsed since the decedent's death as shown in a certified copy of the decedent's death certificate attached to the affidavit;

District of Columbia · general information · checked October 24, 2026 · D.C. Code §20-361(a) (D.C. Law 25-302)

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.

District of Columbia · general information · checked October 24, 2026 · D.C. Code §20-351 (D.C. Law 25-302)

For someone who had property worth $80,000 or less.

Petition for Administration of Small Estate

District of Columbia · general information · checked October 24, 2026 · D.C. Superior Court, Probate Division

Any person having possession of a small asset shall pay or deliver the small asset to the designated successor of the decedent upon being presented an affidavit made by all of the known successors stating:

The value of the decedent's entire probate estate, less liens and encumbrances, as of the date of the decedent's death, wherever located, exceeds the estate's known liabilities but does not exceed $40,000, and that such estate does not include an interest in real property;

At least 60 days have elapsed since the decedent's death as shown in a certified copy of the decedent's death certificate attached to the affidavit;

District of Columbia · general information · checked October 24, 2026 · D.C. Code §20-361(a) (D.C. Law 25-302)

Any person having possession of a small asset shall pay or deliver the small asset to the designated successor of the decedent upon being presented an affidavit made by all of the known successors stating:

The value of the decedent's entire probate estate, less liens and encumbrances, as of the date of the decedent's death, wherever located, exceeds the estate's known liabilities but does not exceed $40,000, and that such estate does not include an interest in real property;

At least 60 days have elapsed since the decedent's death as shown in a certified copy of the decedent's death certificate attached to the affidavit;

District of Columbia · general information · checked October 24, 2026 · D.C. Code §20-361(a) (D.C. Law 25-302)

Any person having possession of a small asset shall pay or deliver the small asset to the designated successor of the decedent upon being presented an affidavit made by all of the known successors stating:

The value of the decedent's entire probate estate, less liens and encumbrances, as of the date of the decedent's death, wherever located, exceeds the estate's known liabilities but does not exceed $40,000, and that such estate does not include an interest in real property;

At least 60 days have elapsed since the decedent's death as shown in a certified copy of the decedent's death certificate attached to the affidavit;

This section includes amendments by temporary legislation that will expire on March 27, 2027.

The funeral expenses of the decedent have been paid;

The person named as successor to the small asset under the affidavit swears or affirms that all statements in the affidavit are true and material, under penalty of perjury pursuant to § 22-2402.

District of Columbia · general information · checked October 24, 2026 · D.C. Code §20-361(a)

Any person eligible for appointment as the personal representative of an estate pursuant to section 20-303 may file a verified petition for administration of a small estate.

District of Columbia · general information · checked October 24, 2026 · D.C. Code §20-352

the period within which claims must be filed or objection must be made to contest the validity of the will or the small estates proceeding or the appointment of the personal representative shall be 30 days from the date of publication of notice.

District of Columbia · general information · checked October 24, 2026 · D.C. Code §20-353(b)

For anyone who would rather their family found it all in one place than went looking.

A couple. A parent. An adult child and a parent, doing it together. One sitting starts it; keep it current, and tell someone where it is.

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