If a person died who lived in the District of Columbia, a decedent's estate can be opened in the Probate Division of the Superior Court of the District Columbia when the decedent owned real estate in the District of Columbia or other assets of any value or when it necessary to obtain medical records for potential litigation purposes or to pursue litigation.
If the estate is being opened to collect and transfer assets, the assets must have been owned in the decedent’s name only (that is, the assets must not have joint owners or designated beneficiaries).
If a person dies with a will, the original of the will should be filed with the Probate Division, and the person nominated in the will to serve as personal representative has priority to file a petition for probate and serve as personal representative.
If there is no will, the person who is the decedent’s next of kin has priority to file a petition for probate to open the decedent’s estate and serve as personal representative (sometimes called “executor” or “executrix” in other jurisdictions).
Once a person files the required papers and is appointed personal representative by the Court, he or she must collect the decedent’s assets, pay or resolve any claims or bills and the expenses of the estate proceeding, keep the interested person informed of the progress of the estate administration, file the decedent’s final tax returns, prepare an Inventory and accounts, including a final account, and distribute the assets to the persons entitled to receive them. This process takes a minimum of eight months and often takes a year or longer.
