A practical guide for widows, widowers, parents, siblings, and other survivors of a deceased spouse or family member that is intended to assist the survivors to cope with a death in the family. The topics include: anatomical and whole-body gifts; funeral and burial rights, arrangements, and expenses; essential documents; Social Security information; support groups; access to safe-deposit boxes; vacant-dwelling insurance; decedent's last will and probate proceedings; income tax liability of the decedent and the decedent's estate; claiming a decedent's income-tax refund; claiming benefits under a policy of life-insurance; and rollover or distribution from a decedent's qualified retirement plan or IRA.
District of Columbia US Legal's Survivor's Guide to A Death in the Family
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You can avoid going to DC probate court by creating a living trust and making a trust document that transfers property ownership to yourself as a trustee. Upon your death, your successor trustee gains control of the transfer and can avoid probate.
For people who died after April 26, 2001, and had assets with a total value of $40,000.00 or less,* a small estate proceeding may be opened to appoint a personal representative, pay claims, and make distribution of estate assets.
Relevant D.C. Code Sections Nature of proceeding A standard probate proceeding is a proceeding for the probate of a will or a determination of the decedent's intestacy, particularly when due execution of a will cannot be presumed under section 20-312, and for the appointment of a personal representative.
The appointment of the personal representative remains active for three years from date of appointment unless extended. However, it is possible to terminate the appointment sooner by filing a request to the court. The administration process may not be active for three years. Many estates are active for about one year.
Next, file the Will by taking it to the D.C. Superior Court Probate Division. Under D.C. law, the Will must be filed within 90 days of the death of the decedent.
Probate is a legal process that takes place after someone's death. It usually involves proving that the deceased's will is valid, identifying the deceased person's property and having it appraised, paying outstanding debts and taxes, and distributing the property per the will or state law.
Disputes over possessions and property may involve money which some family members may rightly or wrongly have been counting on. There are also secondary losses involved in loss of a home or shared possessions which can be very painful. Even items with no finacial value can sometimes have great emotional significance.
Immediate Steps to Take When a Loved One Dies Getting a legal pronouncement of death. ... Arranging for the body to be transported. ... Making arrangements for the care of dependents and pets. Contacting others including: Making final arrangements. ... Getting copies of the death certificate.
