DC Probate FAQ

A. Unsupervised administration in DC typically takes 6 to 14 months. The creditor claims period is 6 months from the date notice is published. Supervised administration takes longer, typically 12 to 24 months, due to ongoing court oversight. Complex estates with disputes can take longer.

A. Unsupervised administration allows the Personal Representative to manage the estate independently, without ongoing court oversight. Supervised administration requires court approval for major actions, including asset sales and distributions. Most straightforward estates use unsupervised administration.

A. Yes. Once the Personal Representative is appointed by the DC Superior Court and has Letters of Administration or Letters Testamentary, they can generally sell real property. In unsupervised administration, no additional court approval is usually needed. In supervised administration, court approval is required before the sale.

A. Not necessarily. Assets held in a living trust, jointly owned property with rights of survivorship, and assets with designated beneficiaries pass outside of probate. However, real property owned solely by the decedent generally must go through probate in DC to clear the title.

A. DC has among the strictest lead paint regulations in the country. For most properties built before 1978, sellers must provide a lead paint inspection report or a lead-free certificate. DC Housing Authority may require lead paint remediation before a Certificate of Occupancy is issued for rental properties. This requirement applies to probate sales as well.

A. The estate may owe DC estate tax (which mirrors the federal exemption but has no portability), federal estate tax, capital gains tax, and DC transfer taxes. The transfer tax is approximately 1.1% of the sale price and is typically paid by the seller. A tax professional should advise on the specific amounts.

A. DC has a single centralized Probate Division in the Superior Court, unlike Maryland (county-based Orphans' Court) or Virginia (circuit courts). DC offers unsupervised and supervised administration, each with different oversight levels. DC also has stricter lead paint requirements than either neighboring state. The procedural rules are unique to DC and follow the DC Code rather than state law.

A. The Personal Representative has the authority to manage and sell estate property, but must act in the estate's best interest. If heirs disagree, the matter can be brought before the DC Superior Court Probate Division for resolution. In supervised administration, the court is already involved and can adjudicate disputes. Mediation is recommended before litigation.