What Do I Do When Someone Dies in District of Columbia?

A step-by-step checklist for the days, weeks, and months after a death, with the state's rules, deadlines, fees, and official forms noted on the steps they apply to. Free PDF.

Settling an estate? Checklist, accounting, and forms in one plan.

Frequently Asked Questions

Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy. Order from DC Health - Vital Records Division. Fee: $18/copy. Available: online, phone, in-person. Processing: 2-4 weeks for remote orders.

State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Decedent’s own written directions, or the individual the decedent designated to make disposition decisions (§ 3-413(b)); then The competent surviving spouse, or domestic partner (§ 3-413(a)(1)); then The sole surviving competent adult child of the decedent, or if there is more than one, the majority of the surviving competent adult children (§ 3-413(a)(2)); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $40,000. Independent administration reduces court oversight.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. Statewide form: Petition for Probate (For decedents dying on or after July 1, 1995 to the present). File with the Superior Court of the District of Columbia, Probate Division (Office of the Register of Wills), 515 5th Street NW, Room 314, Washington, DC 20001. Filing fees vary by estate value. Independent administration reduces court supervision. Typical duration: 7-24 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Letters of Administration are issued by the Register of Wills (Probate Division), after the appointment of the personal representative by the Court or, in abbreviated probate, by the Register of Wills. The state's title for the role is Personal Representative. Typically filed with the petition: Original will and any codicils, with the Certificate of Filing Will (D.C. Code § 20-304(c): "exhibit the original of the will with the petition"; DC Courts ADM case-initiation checklist, "Will (if any) and Certificate of Filing Will"); Abbreviated Probate Order (abbreviated track) or Standard Probate Order (standard/formal track) — the proposed order lodged with the petition; Statement of acceptance of the duties of the office and written consent to D.C. personal jurisdiction (D.C. Code § 20-501; "Acceptance and Consent of Each Personal Representative" form); Bond, or waivers of bond, or some combination, unless excused (D.C. Code § 20-502); Personal Identification Information (Form 26); Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs — lodged at case initiation. Statutory minimum (D.C. Code § 20-704(a)): "Within 20 days after appointment, the personal representative shall ... publish a notice of the appointment in a legal periodical or newspaper of general circulation in the District ... once a week for 2 successive weeks." In practice the Probate Division itself transmits the notice: "The Probate Division will send the document called Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs to the two newspapers chosen by the personal representative for publication. The notice must be published once a week for three consecutive weeks concurrently in both of the publications."; List of interested persons — names and addresses of all interested persons and of any will witnesses (D.C. Code § 20-304(a)(6); stated in the petition); Irrevocable power of attorney designating the Register of Wills for service, if the petitioner is a nonresident (D.C. Code § 20-303(b)(7)); Standard/formal probate only: Notice of Standard Probate, plus the Verified Statement Regarding Service of Petition for Standard Probate and the Acknowledgement of Receipt of Service of Notice Regarding Petition for Standard Probate (prior notice is what distinguishes formal from abbreviated probate — D.C. Code §§ 20-311, 20-323; § 20-323(a) requires notice to all known interested persons plus publication "once a week for 2 successive weeks").

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