At The Jenn Smira Team, we’re there for our clients at every milestone in their lives, which makes us uniquely positioned to impart all the knowledge we’ve gained along the way. One of the topics we get asked about the most? Probate — namely, how this intricate process works in the DC area.

So, whether you’re currently navigating this type of property transfer or just looking to level up your knowledge on the subject, keep reading for an overview of probate in action across DC today!

First Things First…What Is Probate?:

Any court-supervised procedures intended to settle the estate of a deceased person. When it comes to real estate, probate ensures the proper transfer of property according to a will or the laws of intestacy (if there is no will). Here’s a detailed overview of how probate works for real estate in DC specifically:

#1 Determining Whether Probate is Necessary

Will or No Will: If the deceased has left a will, probate will be necessary in order to transfer real estate to the designated heirs. With no will at play, probate is also needed to transfer the property according to DC’s intestacy laws.

Joint Tenancy/Survivorship: If the property was held in joint tenancy with right of survivorship, it generally avoids probate because in that case, it passes automatically to the surviving owner(s).

Small Estate: In DC, if the total estate, including real estate, is valued at less than $40,000, a simplified or expedited probate process can be applied.

Do you have more specific home-selling questions? Here are a few more blogs that might help:

• How to Sell a Home You Inherited
• How to Sell Your Parent’s Home
• Things to Know About Selling Your Home As-Is

#2 Filing a Petition with the Probate Court:

The first step is for the executor (if named in the will) or an administrator (appointed by the court if there is no will) to file a petition with the DC Superior Court’s Probate Division. The executor or administrator must be approved by the court to manage the estate. The court will issue “Letters Testamentary” (if there’s a will) or “Letters of Administration” (if no will exists), which grant legal authority to manage and distribute the estate, including, of course, any real estate assets.

#3 Inventory and Appraisal of the Estate:

The executor/administrator must inventory all assets of the estate, and file the inventory with the probate court. This involves determining the fair market value of the property, which can require a professional appraisal. At the same time, any outstanding debts, mortgages, or liens attached to the real estate must be identified and addressed.

#4 Notifying Creditors and Settling Debts:

The executor is responsible for notifying all creditors of the deceased. In DC, creditors have 6 months from the date of the estate’s opening to file such claims. In addition, the estate must pay off all debts, including those tied to the real estate (e.g., mortgages, property taxes, or other encumbrances). Because of this, real estate may need to be sold if there aren’t sufficient assets in the estate to cover these debts.

Selling real estate can be a complicated process if it’s not something you do all the time. That’s why it’s important to work with a great real estate agent. Read these posts next to learn more about finding an agent and successfully selling your home.

• 9 Small Details that Can Make or Break Your Home Sale
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• Reasons Why Working with a Realtor® is Worth Every Penny

#5 Transfer or Sale of Real Estate

If Sold: If the executor decides to sell the property (either to pay debts or because the will specifies it), the sale must often be approved by the court unless otherwise directed in the will. The proceeds from the sale will then go to the estate for distribution after settling liabilities.

If Transferred to Heirs: If the real estate is to be transferred to heirs, the executor must prepare and file the appropriate documents, such as a new deed, reflecting the change of ownership. In the case of intestacy (no will), DC law dictates how the property is divided among heirs. The probate court oversees this process, ensuring that each heir receives their legal share. The executor may also need to file a “Certificate of Appointment of a Personal Representative”, which proves the executor’s authority to act on behalf of the estate when transferring real estate.

#6 Handling Tax Liabilities:

DC has an estate tax that may apply depending on the value of the estate, and federal estate taxes may also be owed if the estate is large enough. Meanwhile, real estate transfer taxes may apply when property is transferred to heirs or sold as part of the estate settlement. Last but not least? The executor must file the deceased’s final income tax returns, as well as any necessary estate tax returns.

#7 Closing the Estate:

After all debts & taxes have been paid and real estate has been sold or transferred, the executor/administrator must provide an accounting of all estate activities to the court. The court will then review and approve the final distribution of the estate’s assets, including any remaining proceeds from the sale of real estate.

Still have questions? Read these selling-focused blogs next for more info!

• Should You Hire a Friend to Sell Your Home?
• Top Home Selling Mistakes to Avoid
• How to Declutter When Downsizing

Special Considerations

Homestead Exemption: DC law allows certain exemptions that may protect part of the value of the deceased’s home from creditors, which could affect whether real estate needs to be sold to satisfy debts.

Surviving Spouse and Family Rights: The surviving spouse and minor children may have rights to a portion of the real estate, such as a life estate, even if the will specifies otherwise.

Simplified Probate for Small Estates: If the real estate and other assets in the estate are valued at $40,000 or less, the executor may be able to follow a simpler, more expedited probate process. In this case, a court hearing may not be necessary, and the process can be wrapped up more quickly.

Disclaimer: At the end of the day, it’s important to note that we’re not lawyers, and that you should always enlist the advice of a legal professional when navigating the probate process. We are, however, experts on any and all things real estate, and would be honored to work with you on your next home search or sale!

Whether you’re selling a home on behalf of a loved one, or you’re just looking for more home-selling advice, we’re always happy to help! Get in touch with us directly by calling 202.280.2060 or emailing us at 

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