You've Been Named Executor. Here's What Happens Next.
Being named as a personal representative in Washington, DC comes with real legal responsibility — and real personal liability if the process is handled incorrectly. Most executors have never done this before. That's exactly what we're here for.
Why Personal Representatives Need an Attorney of Record in DC
A personal representative in DC probate is not just an administrative coordinator. They are a fiduciary — legally obligated to act in the best interest of the estate and its beneficiaries, and personally liable for procedural errors that harm the estate or its heirs.
Missing a creditor notice deadline. Distributing assets before all claims are resolved. Failing to file a required accounting with DC Superior Court. Each of these mistakes can expose the personal representative to personal liability claims — meaning the error comes out of your pocket, not the estate's.
An attorney of record manages the procedural requirements that create that risk. We handle the filings, the deadlines, the court correspondence, and the decision points throughout the process — so you are advised at every step before you take it, not after.
Supervised vs. Unsupervised Probate Administration in DC
Before walking through the steps of DC probate administration, it helps to know which process applies to the estate. DC Superior Court administers probate under two tracks — and most families don't know the difference until they're already in the process.
Unsupervised administration is available for most routine DC estates. Under unsupervised administration, the personal representative manages the estate with attorney guidance but without court approval required at every step. The personal representative files an inventory and a final accounting, but day-to-day administration decisions don't require a court order before they can be made. Unsupervised administration is faster, less costly, and the more common path for estates that are not complex or contested.
Supervised administration involves closer court oversight throughout the process. The court may require approval before certain distributions or decisions are made, and the process tends to be longer and more procedurally intensive. Supervised administration is more common when the estate is complex, when disputes among heirs exist, or when the court has reason to require closer oversight.
One of the first things we assess when a family contacts us about a DC estate is which track applies — and what that means for the timeline and cost of administration.
DC Probate Administration, Step by Step
File the Petition and Open the Estate
The personal representative files a petition with DC Superior Court's Probate Division to open the estate and establish their authority to act on its behalf. If the decedent had a valid will, the will is submitted for admission to probate at this stage. The court issues Letters Testamentary — the legal document that authorizes the personal representative to gather assets, manage the estate, and conduct its business during administration.
We prepare the petition, coordinate the filing, and ensure the will meets DC's execution requirements before submission.
Notify Creditors and Known Claimants
DC law requires the personal representative to provide formal notice to both known creditors and, through a published notice, to unknown creditors who may have claims against the estate. Creditors have a defined window to file claims. Creditor notice has specific procedural requirements — including publication requirements — and errors in this step can create liability for the personal representative or complicate the administration timeline.
We manage the creditor notice process from start to finish.
Inventory and Appraise Probate Assets
The personal representative identifies and values all assets subject to probate — real property held in the decedent's name, bank and investment accounts without beneficiary designations, personal property, and other assets not held in trust and not passing through survivorship or beneficiary designation. A formal inventory is filed with DC Superior Court.
Assets held in a properly funded revocable living trust, accounts with named beneficiaries, and jointly owned assets with right of survivorship are not subject to probate and are not included in the probate inventory.
Pay Valid Debts, Expenses, and Taxes
Once the creditor notice period has run and claims have been reviewed, the personal representative pays valid creditor claims, administrative expenses, and any applicable taxes from estate assets. DC imposes its own estate tax on estates above the DC exemption threshold — separate from federal estate tax — and the personal representative is responsible for coordinating those filings.
Distributing assets to beneficiaries before debts and taxes are fully resolved is one of the most common personal representative errors — and one of the most consequential. We advise at this stage before any distributions are made.
File the Final Accounting and Distribute the Estate
With debts, expenses, and taxes resolved, the personal representative files a final accounting with DC Superior Court documenting how estate assets were managed and what remains for distribution. After court acceptance of the accounting, assets are distributed to beneficiaries in accordance with the will or, where there is no will, DC intestacy law. The personal representative then petitions to close the estate.
We prepare and file the final accounting, coordinate distribution, and handle the petition to close so the estate is properly concluded and the personal representative's duties are formally discharged.
How Long Does DC Probate Administration Take?
The timeline for DC probate administration depends on the size and complexity of the estate, the track of administration that applies, the creditor notice period, any tax obligations, and DC Superior Court's current caseload.
For routine unsupervised estates, administration can often be completed in six to twelve months when filings are made promptly and the process moves consistently. More complex estates — those with significant real property, multi-state assets, contested creditor claims, or estate tax obligations — typically take longer.
What keeps the process on timeline is consistent management of filings and deadlines. We track every deadline and handle every required submission so the estate does not sit idle between steps while your family waits for closure.
What You Are Responsible For — and What We Handle
When you work with Kith + Kin Law as your probate administration attorney, the division of responsibility is clear.
You are responsible for the estate in the legal sense — you hold the fiduciary role, make the final decisions, and sign the documents. We are responsible for making sure you understand what each decision requires, what the procedural rules are, and what the consequences of each path forward look like before you choose it
What we handle on your behalf:.
- Petition to open the estate and obtain Letters Testamentary from DC Superior Court
- Will submission and admission to probate
- Creditor notice publication and claims period management
- Asset inventory coordination and court filing
- Court correspondence, filings, and deadline tracking throughout administration
- Estate tax return coordination for estates subject to DC or federal estate tax
- Final accounting preparation and filing
- Distribution guidance and petition to close the estate
You were asked to take on this role because someone trusted you with it. We make sure that trust is honored — and that you are protected while you fulfill it.
Questions Personal Representatives Ask About DC Probate Administration
What does a probate administration attorney do in Washington, DC?
A probate administration attorney guides the personal representative through every step of DC Superior Court probate — from filing the initial petition and obtaining Letters Testamentary through creditor notice, asset inventory, debt resolution, and final distribution. The attorney manages procedural requirements that carry personal liability for the personal representative if handled incorrectly, and advises at every decision point throughout the process. For most personal representatives who have never administered a DC estate before, attorney guidance is what keeps the process on track and the personal representative protected.
How do I open probate in Washington, DC?
Probate in DC opens with a petition filed at DC Superior Court's Probate Division. The petition requests that the court admit the will to probate and appoint the named personal representative — or, when there is no will, appoint an administrator. The court then issues Letters Testamentary, which authorize the personal representative to act on behalf of the estate. We prepare the petition and coordinate the filing, including submission of the will and any supporting documentation DC Superior Court requires.
What are the executor's responsibilities in DC probate?
As personal representative, you are responsible for gathering and protecting estate assets, providing notice to creditors, reviewing and paying valid claims, filing required court accountings, handling estate tax obligations, distributing assets to beneficiaries, and petitioning to close the estate. You hold a fiduciary duty to act in the best interest of the estate and its beneficiaries throughout. Personal liability attaches to procedural errors that harm the estate — which is why attorney guidance at each step is not a formality. It is protection.
How long does probate administration take in Washington, DC?
Routine unsupervised DC probate administration can often be completed in six to twelve months when filings move consistently. More complex estates take longer depending on asset complexity, creditor claims, multi-state property, or estate tax obligations. We manage filings and deadlines throughout the process to keep administration on the most efficient timeline DC law allows.
What is the difference between supervised and unsupervised probate administration in DC?
Unsupervised administration — the more common path for routine DC estates — allows the personal representative to manage the estate without court approval required at each step. It is faster and less costly than supervised administration. Supervised administration involves closer court oversight and is more appropriate for complex or contested estates. We assess which track applies to the estate during our initial conversation and explain what that means for timeline, cost, and process.
Named Executor. Not Sure Where to Start.
That is the right moment to call. We'll tell you exactly what the estate requires, which probate track applies, and what your role looks like from here through final distribution.
