Frequently Asked Questions / Answers
Do you need a will to open
an estate?
No, unless the decedent has a will.
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Is there a fee for filing
a will?
No, but there are fees associated with the filing
of a petition for small and large estates. The fee depends
on the value of the estate's assets.
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What is the deadline for filing
a will?
The law requires that a will be filed within 90 days
of the decedent's date of death.
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How many people have to witness
a will?
The Court cannot provide any advice relating to the
execution of a will. It is recommended that you seek advice
of an attorney.
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Does my will have to be notarized?
The Court cannot provide any advice relating to the
execution of a will. It is recommended that you seek advice
of an attorney.
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When can a will be filed?
In the District of Columbia, a will may be filed
only after the death of the testator, the person who made
the will.
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What is the difference between
supervised and unsupervised estates?
For decedents who died prior to July 1, 1995, the
law requires that the Court supervise the administration of
all estates. "Supervision" means that the personal
representative or executor is required to file inventories
and accounts with the Court.
For decedents who died on or after July 1, 1995, the administration
of the estate is generally unsupervised, unless a specific
request for supervision is made.
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What is the difference between
a Small Estate and a Large Estate?
A small estate may be opened for a decedent who died
on or after April 27, 2001 and whose assets are valued at
$40,000.00 or under. For decedents who died prior to April
27, 2001, please contact a Small Estate Specialist at 202-879-1429.
A large estate may be opened for a decedent regardless of
the value of the decedent's assets.
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Where do I get the forms to
open up an estate?
For Small Estates, plase contact a Small Estates
Specialist at (202) 879-1777 for applicable forms, or download
from this site.
For large estates, please contact an attorney of your choice
or download from this
site.
For Intervention proceedings, please contact the Interventions
and Trust Branch at (202) 879-7824 or download
from this site.
For Guardianships of minors no preprinted forms are available;
please see Superior Court Rules, SCR-PD 221.
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What is the filing fee to
open an estate?
For Small and Large Estates, the filing fee is based
upon the value of estate
assets (see SCR-PD 125 and 425).
For Intervention proceedings, there is no fee for a petition
to appoint a guardian of an incapacitated adult. However,
there is a $45 filing fee for a petition to appoint conservator
(see SCR-PD 310).
For guardianship of minors' estates, there is no fee
to open an estate.
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I have a claim against a
decedent's estate. When does the claims period expire?
A personal representative must publish notice of
appointment in at least one newspaper and mail a copy of the
notice to all known interested persons and creditors. In large
estates, the claims period expires 6 months after notice of
first publication of the appointment of a personal representative
in a newspaper. In Small Estates, the claims period expires
30 days after the notice of first publication of a personal
representative in a newspaper.
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Can a claim be filed after
the six-month period expires?
Yes, however the acceptance of your claim for filing
is not a determination of the validity of the claim.
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How are claims paid?
The personal representative is responsible for resolving
claims.
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How soon can I get my Letters
of Administration?
Usually, letters of administration are mailed within
one day of the signing of the order of appointment. Letters
of administration is the document issued by the Court authorizing
the personal representative to act on behalf of the estate
of a deceased person.
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How long are Letters of
Administration valid?
Letters of administration in unsupervised decedent's
estates are effective for three years. However, some financial
institutions may require that letters of administration be
updated or recertified 60 days after issuance.
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How do I request re-certification?
You may request re-certification by mail or in-person;
the cost is $1.00 per letter.
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Do I need an attorney?
It is not required by the law or court rules, but
you are advised to have an attorney because the Clerk's
office is not permitted to assist you with the preparation
of documents or to otherwise provide you with legal advice,
except in Small Estates proceedings.
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Can you refer me to an attorney?
Unfortunately, Probate Division staff cannot give
you a referral to an attorney. Information
on self-representation.
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How often do you have to
file report of a guardian of an incapacitated adult?
Guardian reports must be filed every 6 months.
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How often do you have to
file an account?
For supervised decedents' estates, the first
account is due one year plus one day from the date of first
publication. All subsequent accounts are due every nine months
thereafter. For other estates (guardianships of minors and
conservatorships), accounts are due annually from the date
of appointment and filing of any required bond.
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Can I mail in my account/inventory/guardian
reports?
Yes, you may mail them to the Probate Division, but
it is preferable to file in person so that they may be reviewed
for completeness.
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Must original bank statements
and original checks be filed with accounts?
No, copies are acceptable provided that the originals
are exhibited at the time of filing.
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How long are Letters of
Conservatorship/Guardianship valid?
Although the letters of administration in a conservatorship/guardianship
do not have a definitive expiration date, some financial institutions
may require letters of administration to be updated or recertified
60 days after issuance. Keep in mind, however, the guardianship
of a minor terminates upon the ward's 18th birthday.
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Can I pay bond premiums
out of minor's/ward's funds?
Yes.
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What does the clerk's office consider in determining whether an inventory, account, report of guardian or petition for compensation is acceptable for filing?
To see the filing checklist, click here.
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