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DC Small Estate: Filing How-To

The person with the highest priority to serve should be the one who files — it moves faster that way.

DC Probate Division, Room 314

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: the person with the highest priority to serve (usually the will's nominated executor, or the closest heir) files the petition at Room 314, 515 5th Street NW, where small estate specialists help with the paperwork. Check whether an estate qualifies with the DC small estate checker.

Step by step

  1. Confirm no DC real property, and total assets at or under $40,000.
  2. Identify the person with highest priority to serve: the will's nominated representative, or the closest heir if there's no will.
  3. Gather the required items and bring them to Room 314, 515 5th Street NW, Washington, DC.
  4. File the petition, ideally in person, or by mail if you don't live in the DC area.
  5. Wait for the court's order, which may be preliminary or final, within up to 120 days.

Filing person matters

Confirmed current: the nominated personal representative in a will or, if the decedent died without a will, an heir with the highest priority to serve as personal representative may file a petition to open a small estate proceeding. The estate procedure is always easier and faster if the person with highest priority to serve files the petition.

Mailing the petition is an option

If you don't live in the Washington DC metropolitan area or can't file in person for any other reason, the petition, filing fee, and required attachments may be mailed to the Probate Division, DC Superior Court, 515 5th Street NW, 3rd Floor, Washington, DC 20001.

Facing probate in the District of Columbia?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a the District of Columbia attorney

DC has just one Probate Division handling every small estate petition — there's no county-by-county variation to navigate.

How-to — frequently asked questions

Who should file the small estate petition?

The nominated personal representative in a will, or an heir with the highest priority to serve if there's no will — the process is easier and faster when the person with highest priority files it themselves.

Where exactly is the petition filed?

Room 314, 515 5th Street NW, Washington, DC, on the third floor of the DC Superior Court, where small estate specialists in the Legal Branch of the Probate Division are available to assist.

What happens after the petition is accepted?

A small estate specialist prepares an order for the judge's signature, which may be preliminary (directing notice to creditors or a Verification of Assets) or final, specifying who receives the estate's assets and in what amounts.

Can the petition be handwritten instead of typed?

Only with a waiver of the court's rule requiring typed forms, and only if legible — the Notice of Appointment, Notice to Creditors, and Notice to Unknown Heirs must still be typed regardless.

How do I file a small estate affidavit in the District of Columbia?

The person with the highest priority to serve (usually the will's nominated executor, or the closest heir) files the petition at Room 314, 515 5th Street NW, where small estate specialists help with the paperwork. Check whether an estate qualifies with the DC small estate checker.

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This page provides general guidance only and is not legal advice. Based on DC Probate Division small estate guidance and FAQs (dccourts.gov). Confirm current requirements with the Probate Division or a licensed DC attorney before acting.