District of Columbia probate code · checked October 2026
For money and belongings, District of Columbia's affidavit limit is $40,000 — applied to the estate after the assets that pass automatically are taken out. Owning any interest in real property disqualifies the affidavit; real property rides the court-filed Small Estate Administration instead (up to $80,000). The affidavit, where one exists, cannot be used until 60 days have passed since the death.
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The affidavit limit today: $40,000, judged by the law in force on the date of death.
How it moves: presented to whoever holds the property; no court case is opened.
The wait: 60 days after the death before the affidavit can be used.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $40,000 | Presented to whoever holds the property; no court case. |
| Small Estate Administration (Subchapter VI) | $80,000 | Small Estate Administration (Subchapter VI) is a court-filed verified petition with the Superior Court's Probate Division — a personal representative is appointed; its ceiling rose from $40,000 to $80,000 in 2025. |
The Department of Motor Vehicles shall transfer title of a motor vehicle to the designated successor on presentation of the § 20-361 affidavit and payment of fees (§ 20-361(d)).
Affidavit must state the probate estate's value exceeds its known liabilities (i.e. is solvent) and does not exceed $40,000, and that funeral expenses have been paid (§ 20-361(a)(1), (5)).
Rules checked October 2026 · Sources: D.C. Code § 20-351; D.C. Code §§ 20-352 to 20-356; D.C. Code §§ 20-360 to 20-362; D.C. Law 25-302 (Strengthening Probate Administration Amendment Act of 2024); D.C. Code § 19-604.01 et seq. (transfer on death deed). This page reads the published law; it is not legal advice, and the court is the final word.