Free District of Columbia Small Estate Affidavit

Prepare the District of Columbia small estate affidavit for estates up to $40,000, plus presentation letters for each holder. D.C. Code §§ 20-360 to 20-362.

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Your Information

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

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About District of Columbia Small Estate Affidavits

No statewide form. D.C. Code § 20-361(a)(1)-(8) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$40,000, per D.C. Code §§ 20-360 to 20-362. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

60 days after the death (D.C. Code §§ 20-360 to 20-362). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

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)). D.C. Code §§ 20-361(a), 20-360(1), (4).

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 — notarization is not required by the statute, though holders commonly request it (D.C. Code § 20-361(a)(8) (swears or affirms under penalty of perjury pursuant to § 22-2402)).

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)).

"Small asset" excludes real property by definition (§ 20-360(3)), and the affidavit must state that the estate does not include an interest in real property (§ 20-361(a)(1)). Estates with D.C. real property use the Probate Division's small estate (SEB) proceeding (§§ 20-351 to 20-356) or standard probate. D.C. Code §§ 20-360(3), 20-361(a)(1).

Small Estate Collection in District of Columbia

District of Columbia has no statewide affidavit form; D.C. Code § 20-361(a)(1)-(8) sets what the affidavit must state, and the successor prepares the affidavit to those requirements. It collects the decedent's property without opening probate.

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $40,000, per D.C. Code §§ 20-360 to 20-362. The affidavit can be signed 60 days after the death.

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Frequently Asked Questions About District of Columbia Small Estate Affidavits

No statewide form. D.C. Code § 20-361(a)(1)-(8) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$40,000, per D.C. Code §§ 20-360 to 20-362. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

60 days after the death (D.C. Code §§ 20-360 to 20-362). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

Small Estate Collection in District of Columbia

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $40,000, per D.C. Code §§ 20-360 to 20-362. The affidavit can be signed 60 days after the death.

Free District of Columbia Small Estate Affidavit

Your Information

Frequently Asked Questions About District of Columbia Small Estate Affidavits