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Small estate affidavit in District of Columbia (2026)

In District of Columbia, heirs can collect up to $40,000 without probate with a sworn affidavit (Payment or delivery of small asset by affidavit (D.C. Code 20-361)). You must wait 60 days after the death. Real estate: not covered. Last checked .

District of Columbia at a glance

Affidavit cap
$40,000
Applies to
deaths on or after 2025-03-21
Value counted
Net value (after liens and encumbrances)
Waiting period
60 days
If there is a will
Special rule — see below
File with a court
No
Real estate
Not covered
Court shortcut
Small estate proceeding in the Probate Division (D.C. Code 20-351 to 20-356) (up to $80,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    District of Columbia cap for this date of death

    $40,000

    A worked example for District of Columbia

    Say a parent who lived in District of Columbia died on March 1, 2026, leaving $32,000 in a bank account in their name only and no house. $32,000 is within the $40,000 cap for that date of death, so the family can use the affidavit from April 30, 2026.

    The rules in District of Columbia

    • The affidavit. All known successors sign a sworn affidavit, with a certified death certificate attached, and present it to whoever holds a 'small asset' (bank account, security, tax refund, tangible item, etc.). The holder must pay or deliver to the designated successor. Nothing is filed with the court.
    • Cap. The net probate estate cannot exceed $40,000, must exceed known debts, and must include no real property.
    • What counts. The decedent's entire probate estate, wherever located, less liens and encumbrances, valued at the date of death. It must also exceed the estate's known liabilities.
    • What doesn't count. Non-probate assets (joint-with-survivorship, POD/TOD, beneficiary designations). The estate cannot include any interest in real property.
    • Waiting period. At least 60 days must have passed since the death, shown by an attached certified death certificate.
    • Conditions. No application to appoint a personal representative may be pending or granted in any jurisdiction. Funeral expenses must be paid. The affidavit lists all successors and their shares, and names a designated successor who owes a fiduciary duty to pay the others. The permanent law also requires any will to have been admitted to probate. That requirement is suspended by temporary D.C. Law 26-164 (effective 2026-08-14, expires 2027-03-27).
    • Who can sign. The affidavit must be made by all known successors (people other than creditors entitled under the will or intestacy). They name one or more designated successors to receive the asset for everyone.
    • Court filing. The affidavit is presented directly to the holder. A holder who refuses without reasonable cause is liable for costs and attorney fees, and bears the burden of proving reasonable cause.

    Houses, land and vehicles

    • Real estate. The affidavit cannot be used if the estate includes any interest in real property. Real estate in a small estate goes through the Probate Division's small estate proceeding (total estate up to $80,000), or through regular probate.
    • Vehicles. By statute, DC DMV must retitle a vehicle to the designated successor on a 20-361 affidavit plus fees. DMV's own page still lists letters of administration or a small estate court order for solely owned vehicles, so expect DMV to ask for a court document.

    When the affidavit isn't enough

    For deaths on or after 2025-03-21, estates of $80,000 or less (including real estate) can be handled as a small estate. A person eligible to be personal representative files a verified Petition for Administration of Small Estate listing known creditors and pending lawsuits. The court appoints a personal representative and orders funeral expenses and any family allowance paid. If property remains, it admits any will and orders notice published once, with 30 days for claims and objections. The court says publication is needed when assets exceed $1,500, unless the heir is a spouse or minor child, or an adult child and assets are under $11,500. The case generally takes no more than 120 days to the final order. Caps for earlier deaths: $40,000 (2001-04-27 to 2025-03-20).

    Good to know in District of Columbia

    • The affidavit procedure and the $80,000 small-estate limit come from D.C. Law 25-302 (effective 2025-03-21). Temporary D.C. Law 26-164 makes them apply to decedents who died on or after 2025-03-21.
    • The Probate Division's FAQ still says a court order is needed to transfer a car and mentions a $40,000 after-discovered-asset limit. Those statements predate D.C. Law 25-302.
    • Anyone receiving a small asset by affidavit must account to any personal representative appointed later, or to any successor with an equal or better right (20-362(d)).
    • Filing fees for the small estate petition were not found on an official page checked; the court says fees depend on estate size and fee waivers are available.
    • D.C. Law 26-164 (effective 2026-08-14), which supplies the date-of-death rule and repealed the affidavit's will-admission requirement (20-361(a)(4)), is temporary and expires after 225 days (2027-03-27) unless replaced.
    • D.C. Code 20-355 (after-discovered property) still uses a $15,000 threshold: if later-found property pushes the estate above $15,000, the small estate proceeding ends and regular administration follows.

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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