PROBATE REQUIREMENTS IN THE DISTRICT OF COLUMBIA

Probate is the Court process needed to transfer title in any property owned by the decedent to those entitled to get it.

Pursuant to the provisions of Title 20 of the D.C. Code the Personal Representative of an estate is required to do a number of things regarding the estate for which he or she is responsible. For those that need legal assistance in fulfilling these strict requirements, the Law Offices of George Teitelbaum, licensed in the District of Columbia and Maryland, can help. To go to his main web site, which has lots of additional helpful information about probate and estates, CLICK HERE.

The first thing that must be done is the filing of the will with the Register of Wills for the District of Columbia. This is done at the Superior Court Annex at 515 5th Street, NW, on the third floor.

The personal representative must then properly prepare and file a petition for probate and associated forms with the Court, at the same above location as filing the will.

After appointment, the Personal Representative then must:

(1) determine the kind, amount, and location of all assets of the decedent and where feasible bring them into the Personal Representative's possession in a proper estate bank account, set up for that purpose;

(2) determine the whereabouts of all of the decedent's heirs and legatees, and make reasonable efforts to identify creditors of the decedent;

(3) give a bond to protect the interests of all interested persons and creditors unless excused by the testator in a will or excused by the interested persons;

(4) within 20 days after appointment, publish a notice in the newspapers advising persons who have claims against the decedent to file claims with the Court, and after the expiration of this publication period, (6 months), pay the valid claims in accordance with the law;

(5) within three months after appointment, prepare and deliver or mail to each interested person a detailed inventory and appraisal of all estate assets;

(6) within 90 days after appointment certify to the Register of Wills that notices required under D.C. Code §20-704(b) have been given, and file proofs of publication;

(7) prepare and file decedent's final federal and state income tax returns; estate income tax returns, and inheritance and estate tax returns, both federal and state, where such returns are required by law.

(8) prepare interim and/or a final account(s) and send to all interested persons, for all receipts, disbursements and distributions of estate assets at reasonable intervals, or on reasonable demand.

(9) respond to any and all questions and demands by creditors and all other interested parties, including all heirs and legatees, whether mentioned in the will or not.

(10) make full distribution of all estate assets, and close the estate by filing a Certificate of Completion or Petition to Terminate at any time after expiration of the time for filing creditors claims against the estate.

For those that need further legal assistance, The Probate, Will and Trust Lawyer Resource Center provides an introduction into the District of Columbia and Maryland law practice of Attorney George Teitelbaum, licensed both in DC and MD. Check out George Teitelbaum's Legal Experience and Background, as well as office locations and other contact information.