Case Initiation (Seb) - Instructions For Completing A Petition For Administration Of Small Estate

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Case Initiation (Seb) - Instructions For Completing A Petition For Administration Of Small Estate is a commonly used form within District of Columbia. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Case Initiation (Seb) - Instructions For Completing A Petition For Administration Of Small Estate

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Case Initiation (Seb) - Instructions For Completing A Petition For Administration Of Small Estate:

• This form pertains to the State of District of Columbia

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about District of Columbia’s Form Case Initiation (Seb) - Instructions For Completing A Petition For Administration Of Small Estate up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct District of Columbia form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some District of Columbia probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Case Initiation (Seb) - Instructions For Completing A Petition For Administration Of Small Estate, take a break, and then review. Probate and estate settlement processes in DC are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Case Initiation (Seb) - Instructions For Completing A Petition For Administration Of Small Estate online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Case Initiation (Seb) - Instructions For Completing A Petition For Administration Of Small Estate to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in District of Columbia.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster District of Columbia can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in District of Columbia. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of District of Columbia is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for District of Columbia probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local District of Columbia probate clerk or court for exact answers regarding Form Case Initiation (Seb) - Instructions For Completing A Petition For Administration Of Small Estate, and when in doubt— consult a qualified trust & estates lawyer for that area.

Case Initiation (Seb) - Instructions For Completing A Petition For Administration Of Small Estate is one of the many probate court forms available for download through Atticus.

It may also be available through some District of Columbia probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within District of Columbia.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Case Initiation (Seb) - Instructions For Completing A Petition For Administration Of Small Estate f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the District of Columbia probate court office.

Case Initiation (Seb) - Instructions For Completing A Petition For Administration Of Small Estate is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any District of Columbia-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on District of Columbia Form Case Initiation (Seb) - Instructions For Completing A Petition For Administration Of Small Estate. You can use this to get an idea of the context of the form and what type of information is needed.

GENERAL INSTRUCTIONS FOR COMPLETING A PETITION FOR ADMINISTRATION OF SMALL ESTATE The forms for opening a small estate are available at Probate Division’s Legal Branch or on the Court’s website at www.dccourts.gov . Answer the following questions, “yes” or “no.” 1. Have you filed with the Probate Division a declaration in writing renouncing the right to serve as personal representative? 2. Are you under the age of 18? 3. Do you have a mental illness as defined in D.C. Code, sec. 21-501 or do you have a conservator or a guardian as defined in D.C. Code, sec. 21- 2011? 4. Have you been convicted and not pardoned on the basis of innocence of a felony in the District of Columbia or of an offense in any other jurisdiction which, if committed in the District of Columbia, would be a felony and has the sentence imposed for such conviction either not expired or expired within the past ten years? 5. Are you an alien who has been lawfully admitted for permanent residence? a. If yes, do you have a green card? 6. Are you a judge of any court established under the laws of the United States or are you an employee of the Superior Court of the District of Columbia, the District of Columbia Court of Appeals or the District of Columbia Court System? a. If yes, are you the surviving spouse of the decedent, or are you related to the decedent within the third degree? 7. Are you a nonresident of the District of Columbia? a. If yes, you must file with the Probate Division an irrevocable power of attorney designating the Register of Wills as the person upon whom all notices and process may be served. (See “Power of Attorney”, page 4). If you answered “yes” to any of these questions except 5a, 6a and 7a, do not complete this petition. December 2010 - 201.10.v1 PAGE ONE On the line which starts – “Estate of”, enter the name of the decedent as it is signed on any will or as it is shown on the assets which are the subject of the small estate proceeding. On the line which starts – “____SEB____”, do not insert anything. The Probate Division will provide the case number. On the line which starts – “Name” – insert your name, age, and complete address, including zip code. Paragraph One. Line one – insert the name of the decedent and where the decedent was domiciled, i.e., where he/she paid taxes or voted, the place that he/she considered to be home or otherwise maintained legal residence. Line two – insert the complete address of the decedent at the time of death including zip code and where the decedent died. Paragraph Two. State why you are entitled to be appointed personal representative of the decedent’s estate. The D.C. Code sets forth the priority for appointment of a personal representative as follows. If you are not the person with the highest priority in the list below, consult a small estate specialist before proceeding (telephone no. 202-879-9448). 1. The personal representative named in the decedent’s will (if any) 2. The surviving spouse, domestic partner, or children of the intestate decedent (that is, the person who died without a will); or the surviving spouse or domestic partner of a testate decedent (meaning, a person who died with a will) 3. The residuary legatee in the decedent’s will 4. The children of the testate decedent 5. The grandchildren of the decedent 6. The parents of a decedent 7. The brothers and sisters of the decedent 8. The next of kin of the decedent 9. Other relations of the decedent 10. The largest creditor of the decedent who applies for administration 11. Any other person. Paragraph Three. State why a small estate should be opened in this Court by checking one of the two boxes provided. If the first box is checked, indicating domicile in the District of Columbia, do not check box 2. When box 2 is checked, state why the small estate should be administered in this Court. December 2010 - 201.10.v1 Paragraph Four. State whether any other probate proceedings have been started in this Court or any other Court. If none, state “not applicable”. Paragraph Five. Your signature on page four of the petition will acknowledge that you have made a diligent search for any property and debts of the decedent, that all property in the District of Columbia does not have a value of more than $40,000.00, and that the decedent died on or after April 27, 2001.* *If the decedent died between January 1, 1981, and June 30, 1995, the value of the estate cannot exceed $10,000.00. If the decedent died between July 1, 1995, and April 26, 2001, the value of the estate cannot exceed 15,000.00. Paragraph Six. Lines one and two—list the dates of any wills or codicils that you have located. These wills and/or codicils must be filed with this petition. (If none, state “not applicable.”) Your signature, on page four, will acknowledge that to the best of your knowledge the documents are the decedent’s last will and that you know of no later will or codicil. Line three— state how you received the will and codicil if any. Paragraph Seven. State why any of the information required in this petition has not been supplied. If all information has been supplied, state “not applicable”. PAGE TWO Check the appropriate boxes to indicate the survivors of the decedent, following the instructions shown on page two of these instructions. List of interested persons – Provide the names, complete addresses including zip codes, relationships, and ages (if under 18) of heirs, legatees (if decedent died with a will), trustees, and all petitioners. If under age 18 or otherwise legally disabled, list guardians or custodians. Witnesses to wills and/or codicils – Provide the names of all witnesses to wills or codicils. (If none, state “not applicable”). PAGE THREE Provide a complete description and the estimated value of all real estate and personal property located in the District of Columbia or any other location. List all debts owed by the decedent and note whether the debts are secured by collateral. State the name of the person who paid the funeral expenses, the amount, and whether that person wants to be repaid. December 2010 - 201.10.v1 PAGE FOUR Line two – Provide the date(s) of the will and any codicils to be admitted to probate. Line four – State any additional request that you wish the Court to consider. Declaration of Petitioner – By signing the declaration, you declare and affirm that the contents of the petition are true and correct to the best of your knowledge, information and belief. Provide a telephone number where you can be reached between the hours of 8:30 a.m. and 5:00 p.m. Acceptance and Consent of Each Personal Representative - By signing the acceptance and consent, you accept the duties of the office of personal representative of the estate and consent to personal jurisdiction in any action brought against you as personal representative or arising out of the duties of the office of personal representative. Power of Attorney – If you are not a resident of the District of Columbia, you must sign the power of attorney appointing the Register of Wills as the person upon whom all notices and processes issued by a competent court in the District of Columbia may be served in relation to all suits or matters pertaining to the estate. Attach to the petition copies of the following (as applicable): • Copy of your photo identification • Date and place of death (i.e., a copy of the death certificate) • Funeral bill • Receipts for funeral bill payments • Written verification of ownership of real estate (such as copies of tax assessments) • Automobile title or registration card and written confirmation of the value of the vehicle. A quote from an on-line source for the trade-in value is acceptable. • Stock certificates or letters from holders of stocks as to the redemption value • Bonds (actual bonds and redemption values) • Cancelled checks in support of payments • Written verification in support of ownership and value of any other asset not listed above. • Current bank statement(s) and/or credit union statements or letters from bank or credit union reflecting current balances. • Letter from Unclaimed Property office that provides the amount being held for the decedent. December 2010 - 201.10.v1 • Court costs: check or money order payable to “Register of Wills” or cash (see Frequently Asked Questions for schedule of Court costs.) Upon acceptance of the petition by the Court, a publication in a newspaper of general circulation in the District of Columbia may be required if there is no spouse and/or minor child and/or real estate located in a jurisdiction other than the District of Columbia. *Publication costs are to be submitted by check or money order made payable to the respective newspaper at the time of filing. DEFINITIONS Probate - The legal process of gathering and distributing the property of the estate, paying creditors’ claims, and formally transferring the possessions of the deceased to those persons who “inherit” them. Deceased or decedent - The person who has died. Estate - The property (both real and personal) held by the decedent in his/her name alone or as tenants in common at the time of death. Will - A document representing the instructions of the deceased for distribution of the estate. Legatee - Anyone named in a will who is to receive property. Heir - A person entitled to share in a decedent’s estate where there is no will. Interested person - Any heir or legatee or creditor with a claim in excess of $500.00 that has not been barred or discharged. Creditor - A person who has a claim against the estate. Personal Representative - The person appointed by the Court to administer (i.e., to be in charge of) an estate. Real property - Any real estate owned by the person who has died, such as a home, vacation cottage, or vacant land. Personal property - Everything other than real property, such as a car, furniture, jewelry, stocks, and bank accounts. December 2010 - 201.10.v1 Register of Wills - The official of the Superior Court of the District of Columbia who assists the judge in overseeing the proper administration of the deceased person’s estate. Tenants in common - Generally, where more than one person owns or holds property and each person has an equal interest and no right of survivorship has been established. Joint Tenants - Generally, where more than one person owns or holds property and each person has an equal interest and a right of survivorship, i.e. when one owner dies, his or her share passes automatically to the remaining surviving owners. December 2010 - 201.10.v1