Washington, D.C. Small Estate Options Explained

If someone left little behind, you may be able to avoid a full probate case. D.C. offers two simplified routes, but they work differently and have different limits. Online, you’ll often see only “$40,000,” which is now incomplete.

What counts toward the limit?

Both routes look at the decedent’s probate property, meaning property that is subject to administration in D.C. Assets that pass outside probate, such as accounts with a named beneficiary or property owned jointly with survivorship, are generally not part of that count; see our guide to probate and estate administration. The transfer-by-affidavit route measures the value of the entire probate estate, wherever located, less liens and encumbrances, and requires that it exceeds the estate’s known liabilities.

Option 1: The small estate proceeding (limit $80,000)

This is a simplified court case. D.C. Code § 20-351 now says that if the property of a decedent subject to administration in D.C. has a value of $80,000 or less, it may be administered as a small estate. D.C. Law 25-302 raised the figure from $40,000, effective March 21, 2025. At last check, the D.C. Courts’ estates page and FAQ still said $40,000. Ask the Register of Wills which limit applies to your case, especially if the death or filing happened around that date.

Who can file? Any person eligible for appointment as personal representative. The verified petition must include the usual petition information plus:

• A statement that you made a diligent search for all of the decedent’s property and debts
• A list of known creditors and the amount of each claim, including contingent and disputed claims
• A statement of any legal proceedings pending in which the decedent was a party

What do I bring? The court lists a Petition for Administration of Small Estate, a death certificate, the original will if there is one, a list of property and heirs, and the filing fee or a fee waiver. The court’s small-estate FAQ says filing in person is recommended so questions can be resolved immediately, but you can mail the petition, fee, and attachments to the Probate Division, D.C. Superior Court, 515 Fifth Street NW, 3rd Floor, Washington, DC 20001.

Real estate. The court’s FAQ says a small estate can be opened if the only asset is real estate located outside D.C. It also says a large estate may include D.C. real estate. If the estate includes a D.C. property, ask the Register of Wills which case type applies.

Option 2: Transfer by affidavit (limit $40,000, no real property)

New in March 2025 (D.C. Code §§ 20-360 to 20-362), this lets certain people collect “small assets” without opening a court case. A “small asset” is any debt owed to the decedent or any asset belonging to the decedent other than real property, including bank, savings, credit union, and brokerage accounts, securities, deposits, tax refunds, tangible personal property, and similar items.

Anyone holding a small asset must pay or deliver it to the decedent’s designated successor on receiving an affidavit made by all the known successors stating that:

1. The decedent’s entire probate estate, less liens and encumbrances, exceeds the known liabilities but does not exceed $40,000, and includes no interest in real property
2. At least 60 days have passed since the death, shown by a certified copy of the death certificate attached to the affidavit
3. No application for a personal representative is pending or has been granted in any jurisdiction
4. The decedent’s will, if any, was duly admitted to probate
5. The funeral expenses have been paid
6. The names and addresses of all successors (as far as known) and each one’s share
7. Who is designated to receive the asset for the others, and why, with each designated successor acknowledging a fiduciary duty to safeguard and promptly pay or deliver it
8. The person named as successor swears or affirms under penalty of perjury that the statements are true

Two things to notice. First, the affidavit route’s limit is $40,000 even though the court-case route is now $80,000. Second, if there’s a will, the statute says it must have been admitted to probate, so having a will doesn’t let you skip the court entirely. An attorney can tell you how that works in practice.

What it can do. The statute also covers vehicles (the D.C. DMV must transfer title to the designated successor on presentation of the affidavit and fees), securities held with a transfer agent, endorsing checks payable to the decedent, and access to the decedent’s digital assets.

Protection for holders, and for you. A person who pays or delivers a small asset under the affidavit is discharged, as if they’d dealt with a personal representative, and doesn’t have to investigate the affidavit’s truth. If a holder refuses without reasonable cause, it can be liable for the costs of the people entitled, including reasonable attorney fees, and the holder has the burden of proving reasonable cause. In return, the person who receives the asset remains answerable and accountable to any personal representative or other successor with an equal or superior right, so don’t treat the money as yours without checking who else may have a claim.

How do I choose?

• No real estate, probate assets of $40,000 or less, will (if any) already probated, everyone agrees: the affidavit may be simpler. It requires every known successor to sign
• Probate assets between $40,000 and $80,000, or a need for a court-appointed representative: the small estate proceeding
• D.C. real estate, a dispute, or complex debts: talk to an attorney about a large estate
• Debts exceed assets: talk to an attorney before distributing anything; see when the estate can’t pay everything

What should I do next?

Total the probate assets and note which are real property. Order enough certified death certificates, since the affidavit route attaches one for each holder you present it to; see how many to order. Then call the Register of Wills or visit the Probate Self-Help Center at 515 Fifth Street NW, Room 316, and ask which limit and which route apply. For the bigger picture, see how probate works in D.C..

D.C. small-estate rules were changed recently and court web pages may lag behind the Code. This is general educational information, not legal advice; a D.C.-licensed attorney can advise on your situation.