District of Columbia Affidavit of Death and Heirship (Information to Include in Affadavit)
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FAQ
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.
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.
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.
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.
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.
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.
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.
Any person having an interest in real estate that is part of an intestate decedent's estate, including a personal representative who has qualified, may execute an affidavit, on a form provided to each clerk of the court by the Office of the Executive Secretary of the Supreme Court or a computer-generated facsimile ...