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Small Estate Affidavit Limits in the District of Columbia

In the District of Columbia, a small asset can be collected by affidavit 60 days after the death if the probate estate is worth no more than $40,000 and includes no real property; estates up to $80,000 can use a court small estate proceeding.

Last checked . General information, not legal advice.

District of Columbia at a glance

Maximum estate value
$40,000 (affidavit)
Estates up to $80,000 may instead be administered as a small estate through the Probate Court.
Waiting period after death
60 days
Real estate can pass
No
The affidavit requires that the estate does not include an interest in real property.

Sources

Last checked

The rules in the District of Columbia

What is the maximum estate value for a small estate affidavit in the District of Columbia?

Maximum estate value in the District of Columbia: $40,000 (affidavit). Estates up to $80,000 may instead be administered as a small estate through the Probate Court.

How long after the death must you wait to use a small estate affidavit in the District of Columbia?

Waiting period after death in the District of Columbia: 60 days.

Can real estate pass by small estate affidavit in the District of Columbia?

No. Real estate can pass in the District of Columbia: no. The affidavit requires that the estate does not include an interest in real property.

Where do the the District of Columbia small estate affidavit limits come from?

The rules above come from D.C. Code 20-361 and D.C. Code 20-351. Each source is linked on this page. We last checked them in October 2026.

Good to know

The $80,000 small estate limit in D.C. Code 20-351 was set by D.C. Law 25-302, effective March 21, 2025.

D.C. Code 20-361 currently includes temporary amendments (D.C. Law 26-164, Aug. 14, 2026) that expire March 27, 2027.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.