Personal property
$80,000
statutory cap
No mandatory wait
Doubled from $40K by D.C. Law 25-302 § 4(n), eff Mar 21 2025 — first increase in 24 years.
DC · Probate Division — Superior Court
District of Columbia
Small-estate-affidavit threshold and procedure under § D.C. Code § 20-351.
Verified 2026-05-04
01
Who is eligible to file
- Surviving spouse or registered domestic partner
- Adult children, equally if more than one
- Parents of the decedent, if no spouse or descendants
- The named executor under the will, if one exists
- An heir at law under District of Columbia's intestate-succession statute, in the absence of the above
02
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
State note: Doubled from $40K by D.C. Law 25-302 § 4(n), eff Mar 21 2025 — first increase in 24 years.
Real property
Excluded — personal property only
Real property requires regular probate. Small estate procedure under § 20-351 is for property not including DC real property.
03
Where to file
File with the Probate Division — Superior Court in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The District of Columbia judicial system operates an authoritative court locator.
Open the official District of Columbia court locator →04
Form & statute
Form
- Petition for Small Estate (Form S-2 / S-3)Probate Division publishes a Small Estate Packet.
Statute
§ D.C. Code § 20-351
https://code.dccouncil.gov/us/dc/council/code/sections/20-351small-estate proceeding