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Washington, DC · Register of Wills

DC probate, explained properly

Written for personal representatives and heirs dealing with property in the District — not generic national content rewritten with "Washington, DC" pasted on top. Everything here is educational only and is not legal advice.

Guide

The DC probate process, step by step

All ten steps in order, the statute behind each one, and when the house can actually be sold.

Guide

How long does probate take in DC?

Every statutory clock in a DC estate, why about nine months is the floor, and what actually causes delay.

Guide

Selling with Letters of Administration

What the letters say, when the power to sell starts, and what buyers and title rely on.

Guide

Supervised vs. unsupervised administration

How an estate becomes supervised, what the court really oversees, and whether you need court approval to sell.

Guide

Small estates and the $80,000 threshold

The lighter process, the threshold, and why a house usually rules it out.

Guide

When the heirs don't agree

Who controls the house, what an objecting heir can really do, and the buyout that usually ends it.

Guide

Clearing out a DC property

The inventory duty, the exempt property allowance, and a workable sequence for the part families dread most.

Guide

TOPA and the inherited DC rental

A tenant in an inherited property changes everything. What TOPA does, what the 2018 exemption changed, and where estates get caught.

Guide

Executor duties when there's a house

Every duty Title 20 puts on a DC personal representative once the estate owns a house, with deadlines and code sections.

Guide

Taxes on an inherited DC property

Stepped-up basis, capital gains, DC estate tax thresholds, vacant-property rates and settlement taxes.

Guide

Probate attorney vs realtor: who does what

The division of labour in a DC estate, how the estate pays each role, fee review, conflicts, and who to call first.

Guide

Out-of-state personal representative

You can serve from another state. Here is the extra filing, and how the house gets handled without you here.

Guide

No will — who inherits the house

The DC intestate shares, who the court appoints, and what co-owning heirs can and cannot do with the house.

Guide

Partition action — forcing a sale

The 2023 DC partition statute step by step: appraisal, cotenant buyout, in-kind factors, and the open-market sale default.

Guide

Selling when an earlier death was never probated

The deed still names someone who died years ago. What it takes to clear title and close.

Guide

Selling an inherited house with a tenant

The tenant stays, the lease survives, and TOPA may or may not apply. What a PR can actually do.

Guide

Selling a DC house held in a living trust

Deed says “trustee”? Then no Letters are needed — here is what the title company wants instead.

Guide

Can the executor or an heir buy the house?

One heir wants to keep the house, or the PR wants to buy it. Here is how DC lets that happen without it being set aside.

Guide

Selling an inherited DC condo or co-op

Condo resale packages, co-op board approval, and unpaid assessments — the second layer in an estate sale.

Guide

The vacant estate house: registration and insurance

Empty house, 90-day clock: registration, the probate exemption, and the insurance gap.

Guide

Died outside DC owning a DC house

Estate opened in MD, VA or another state, house in DC? No second probate — but publication, bond and a 6-month claims clock all apply.

Guide

Inherited a DC house with a reverse mortgage

A HECM comes due when the last borrower dies. Heirs get defined options — including the 95%-of-appraised-value rule — plus a DC foreclosure clock.

Guide

Medicaid estate recovery and the house

Medicaid can claim against the estate for care paid after age 55. Whether the house is reachable turns on title, who lives there, and the exemptions.

Guide

Opening probate at the Register of Wills

What the petition for probate must say, abbreviated vs formal probate, priority to serve, bond waivers, and the 20-day notice clock.

Guide

Transfer on death (TOD) deeds

Is the TOD deed valid, who gets the house, liens and creditor claims, the tax exemptions, and selling without letters.

Guide

When a co-owner dies

Joint tenancy vs tenancy in common vs tenancy by the entirety, the 120-hour rule, life estates, and who signs the sale.

Guide

Inherited house with a mortgage

Due-on-sale limits, successor-in-interest rights, payoff statements, missed payments, and selling with a loan in place.

Guide

Finding a DC probate attorney

The Probate Self-Help Center, volunteer PLAN lawyers, nonprofits, MyDCLawyer referrals, checking a lawyer, and who pays.

A note on legal helpWe have a network of independent attorneys we can refer you to if needed. We have no affiliation with, ownership interest in, or financial relationship with those attorneys, and we receive no referral fee or other compensation from them. Choosing an attorney is entirely your decision.

Start with a conversation, not a commitment

Tell us the address and where things stand. We'll tell you what the property is worth and what usually happens next — even if you're a year away from doing anything.

Get a free written property review

Current market value, an as-is value, and a side-by-side of your options. No obligation, no pressure.

By submitting, you agree to be contacted by Chris Athey / Serhant DMV LLC by call, text, and email about your inquiry. Reply STOP to opt out, HELP for help. Message and data rates may apply. We never sell your information. This is not legal or tax advice.

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