Free District of Columbia Small Estate Affidavit

In District of Columbia, the Transfer by Affidavit covers estates with personal property of $40,000 or less, 60 days after death, presented directly to the bank or other holder, not filed with a court.

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The District of Columbia affidavit identifies the claiming successor and the basis of entitlement.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

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No. District of Columbia publishes no statewide form; the affidavit is prepared to the statute, which lists 8 statements the affidavit must contain.

In District of Columbia, estates with personal property of $40,000 or less skip probate with the Transfer by Affidavit, 60 days after death. Real property cannot pass through the affidavit; an estate that includes real estate uses a separate process. An estate over the limit does not qualify, and no affidavit is prepared for it.

60 days after the death. The affidavit states that the period has passed, so it cannot be signed earlier.

The Transfer by Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The person having possession of the small asset (bank, savings institution, credit union, brokerage, employer, or other holder), with a certified copy of the death certificate attached. A transfer agent must re-register securities (§ 20-361(c)) and the Department of Motor Vehicles must transfer vehicle title (§ 20-361(d)) on the same affidavit; the designated successor may endorse checks payable to the decedent or the estate (§ 20-361(e)).

The District of Columbia affidavit is signed under penalty of perjury; the statute does not require notarization, though holders commonly request it.

Small Estate Collection in District of Columbia

District of Columbia publishes no statewide form; the affidavit is prepared to the statute. The statute lists 8 statements the affidavit must contain. District of Columbia's name for the procedure is “Transfer by Affidavit”, and it collects the decedent's property from whoever holds it without a probate case being opened.

The ceiling is $40,000; an estate over it does not qualify. Real estate cannot pass through it. The affidavit may be signed 60 days after the death.

District of Columbia says who may sign: All of the known successors jointly make the affidavit, and the holder pays or delivers the small asset to the designated successor named in it. 'Successor' means any person, other than a creditor, entitled under the decedent's will or the laws of intestacy to part or all of a small asset (§ 20-360(4)); a 'designated successor' owes a fiduciary duty to safeguard and promptly pay or deliver the asset (§ 20-360(1)). The affiant signs it under penalty of perjury, with no notary required by the statute.

Who receives it: The person having possession of the small asset (bank, savings institution, credit union, brokerage, employer, or other holder), with a certified copy of the death certificate attached. A transfer agent must re-register securities (§ 20-361(c)) and the Department of Motor Vehicles must transfer vehicle title (§ 20-361(d)) on the same affidavit; the designated successor may endorse checks payable to the decedent or the estate (§ 20-361(e)).

The effect on the holder and on the successor: A person paying or delivering a small asset under the affidavit is discharged and released to the same extent as if dealing with the personal representative and need not inquire into the truth of any statement (§ 20-362(a)); a holder who refuses without reasonable cause is liable for all costs including reasonable attorney fees (§ 20-362(c)); a recipient is answerable and accountable to any personal representative or other successor having an equal or superior right (§ 20-362(d)).

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from District of Columbia statutes and official state code. How we research.

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Free District of Columbia Small Estate Affidavit

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Small Estate Collection in District of Columbia

The ceiling is $40,000; an estate over it does not qualify. Real estate cannot pass through it. The affidavit may be signed 60 days after the death.

Free District of Columbia Small Estate Affidavit

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Free District of Columbia Small Estate Affidavit

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