District Columbia Estate

Letters of Authority are issued by the probate court upon proper filing on an estate by an interested party.

Typically, it takes four to six weeks after the decedent's death to appoint an executor or administrator. Even in the most routine probates, the law requires a minimum four-month wait after the Notice to Creditors has been issued before any action can be taken to distribute or close the estate.

Subject to the provisions of this article, a person in the following relation to the decedent is entitled to appointment as administrator in the following order of priority: (a) Surviving spouse or domestic partner as defined in Section 37. (b) Children. (c) Grandchildren.

Being Named an Executor in DC To become a personal representative in DC, a person must be appointed by the court. That requires filling out certain pleadings, one of which is the petition to open the estate proceedings and to be appointed as the representative.

If you die without a Will (often called dying "intestate"), your property (called your "probate estate") will be distributed according to D.C. laws. It will not go to the government as long as you have a living relative who can claim your estate.

Do you always need probate or letters of administrationYou usually need probate or letters of administration to deal with an estate if it includes property such as a flat or a house.you discover that the estate is insolvent, that is, there is not enough money in the estate to pay all the debts, taxes and expenses.

Generally, within a week of receiving the petition for probate, the D.C. Superior Court Probate Division will issue a document called the Letters of Administration.

Appointment of Executor or Administrator In the absence of a will, the court appoints an administrator for the estate, typically the next of kin. Completion of the executor or administrator appointment takes about six to eight weeks once the executor files the petition or the court makes a selection.

Letters of Administration are granted by a Surrogate Court or probate registry to appoint appropriate people to deal with a deceased person's estate where property will pass under Intestacy Rules or where there are no executors living (and willing and able to act) having been validly appointed under the deceased's will