Petition for Probate of Will and for Letters Testamentary

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

The District of Columbia requires the use of the official Probate Division form
Petition for Probate (large estate, "ADM"), filed with the Notice of Appointment,
Notice to Creditors and Notice to Unknown Heirs, and the appropriate probate order.
This template provides the substantive legal content to help you prepare — but you must
transfer your content to the official form before filing. Official forms are available
from the Probate Division at https://www.dccourts.gov/superior-court/probate-division.
Do not file this document directly with the court.

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA — PROBATE DIVISION

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Interested Persons: Legatees Under the Will and Heirs at Law
7. Priority and Qualification for Appointment
8. Bond
9. Type of Proceeding Requested and Prayer for Relief
10. Verification
11. Certificate of Service / Notice
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

IN RE ESTATE OF:

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any], Deceased.

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], [STATE] [ZIP CODE]
Age: [____] Citizenship: [____________]
Telephone: [________________________________]
Email: [________________________________]
Relationship to Decedent / Interest in Estate: [e.g., personal representative named in the Will; legatee; heir]
Legal Disability (if any): [None / describe]

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____].

b. Jurisdiction. The Superior Court of the District of Columbia has jurisdiction over the administration of this estate under D.C. Code § 11-921, and "Court" means the Probate Division of the Superior Court (D.C. Code § 20-101(b)).

c. The Decedent died domiciled in the District of Columbia at [ADDRESS], conferring jurisdiction; ☐ alternatively, jurisdiction is based on the Decedent's ownership of real property or other assets located in the District (state special basis): [________________________________].

d. Testate. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] ☐ and codicil(s) dated [__/__/____].

e. The original Will ☐ accompanies this Petition / ☐ has already been filed with the Court (Certificate of Filing Will attached). Petitioner obtained the original Will as follows: [________________________________] (D.C. Code § 20-304(c)).

f. ☐ No other proceeding regarding the Decedent's estate has been filed elsewhere; ☐ another proceeding is pending: [________________________________] (D.C. Code § 20-304(a)(4)).

5. THE WILL OFFERED FOR PROBATE

a. The Decedent died testate. Petitioner exhibits the original Will (or a copy if the original is already filed) and states that the petitioner knows of no later will (D.C. Code § 20-304(c)).

b. Execution. The Will was executed in compliance with D.C. Code § 18-103: it is in writing and signed by the testator (or in the testator's name by another in the testator's presence and by the testator's express direction), and attested and subscribed in the testator's presence by at least two credible witnesses.

c. Proof / due execution.
☐ The Will is accompanied by a self-proving / attestation affidavit of the witnesses; due execution may be presumed and abbreviated probate (§ 20-311) is appropriate.
☐ Due execution cannot be presumed; the petitioner requests formal probate (§ 20-321) and that the Court direct the witnesses to appear and give testimony regarding execution (D.C. Code § 20-304(f)(2)).

d. Witnesses to the Will (names required by D.C. Code § 20-304(a)(6)):

6. INTERESTED PERSONS: LEGATEES UNDER THE WILL AND HEIRS AT LAW

The names and addresses of all interested persons (D.C. Code §§ 20-101(d), 20-304(a)(6)):

6.1 Legatees under the Will:

6.2 Heirs at Law (those who would take by intestacy under D.C. Code § 19-301 et seq.; interested persons for purposes of any will contest):

6.3 Estimated value of estate and debts (D.C. Code § 20-304(a)(5)):

7. PRIORITY AND QUALIFICATION FOR APPOINTMENT

a. The Will nominates [NOMINATED PR NAME] as personal representative ☐ and [SUCCESSOR NAME] as successor.

b. Priority. Petitioner is entitled to appointment under D.C. Code § 20-303(a)(1)(A) as the personal representative named in a will admitted to probate, the highest class of priority. ☐ Alternatively, the legatees have nominated the Petitioner by writing under D.C. Code § 20-303(c-1).

c. Not excluded. Petitioner is not disqualified under D.C. Code § 20-303(b): Petitioner is 18 years of age or older, is not under a disqualifying mental illness or conservatorship, has not been convicted of a disqualifying felony, is lawfully present in the United States, and is not a disqualified court officer. ☐ Petitioner is a nonresident of the District and has filed (or will file) an irrevocable power of attorney designating the Register of Wills as agent for service (D.C. Code § 20-303(b)(7)).

8. BOND

a. General rule. Before letters are issued, the personal representative must qualify, which includes filing any required bond (D.C. Code §§ 20-501, 20-502).

b. ☐ The Will waives bond. The Will provides that the Petitioner may serve without bond or undertaking; accordingly, no bond and no waivers of bond are required (D.C. Code § 20-502; § 20-504).

c. ☐ Bond required; heir waivers. All heirs/interested persons have signed waivers of bond, which are attached.

d. ☐ Bond to be furnished. Petitioner will furnish bond in the amount of $[________________], in an amount sufficient to protect interested persons and creditors, subject to waiver or reduction by the Court under D.C. Code § 20-504.

9. TYPE OF PROCEEDING REQUESTED AND PRAYER FOR RELIEF

Petitioner requests: ☐ Abbreviated probate (D.C. Code § 20-311); ☐ Formal probate (D.C. Code § 20-321) (D.C. Code § 20-304(e)).

WHEREFORE, Petitioner respectfully requests, pursuant to D.C. Code § 20-304(f), that the Court:

a. Admit the Will (and any codicil) exhibited with this Petition to probate (D.C. Code § 20-304(f)(1));

b. ☐ (Formal) Direct the witnesses to the Will to appear and give testimony regarding its execution (D.C. Code § 20-304(f)(2));

c. Appoint Petitioner as personal representative — ☐ unsupervised ☐ supervised — and issue Letters Testamentary (D.C. Code § 20-304(f)(6));

d. ☐ Determine that the Petitioner may serve without bond as the Will directs, or ☐ fix bond in the amount of $[________________] (D.C. Code §§ 20-502, 20-504);

e. Grant such other and further relief as may be appropriate (D.C. Code § 20-304(f)(7)).

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], do solemnly swear or affirm, under penalty of law, that the contents of the foregoing Petition for Probate are true and correct to the best of my knowledge, information, and belief, and that I have set forth the reasons why any required information that I have been unable to furnish cannot be furnished (D.C. Code § 20-304(d)).

Executed on [__/__/____].

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

SUBSCRIBED AND SWORN to before me this [__] day of [MONTH], [YEAR].

______________________________________
Notary Public / Deputy Register of Wills
My commission expires: [__/__/____]

11. CERTIFICATE OF SERVICE / NOTICE

Notice of the petition (formal probate). A person requesting formal probate must provide notice of the petition to interested persons.

Notice of appointment (D.C. Code § 20-704). Within 20 days after appointment, the personal representative shall publish a notice of appointment in a legal periodical or newspaper of general circulation in the District once a week for two successive weeks, and shall mail (registered or certified) the notice and required general information to the heirs, legatees, and all known or reasonably ascertainable creditors. Claims and objections must be filed within 6 months of the first publication. The personal representative shall certify to the Register that notices have been given (and shall so certify within 90 days of appointment).

Date of first publication: [__/__/____]

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
D.C. Bar No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

12. ATTACHMENTS CHECKLIST

☐ Petition for Probate (official Probate Division large-estate form)
☐ The original Will (and any codicil) and Certificate of Filing Will
☐ Certified copy of the Death Certificate
☐ Self-proving affidavit / attestation (or witness testimony for formal probate)
☐ Abbreviated Probate Order (or Formal Probate Order)
☐ Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs
☐ Bond, OR waiver of bond from each heir, OR (if the Will waives bond as to the petitioner) no bond/waivers required (D.C. Code §§ 20-502, 20-504)
☐ Consent/renunciation of persons with equal or higher priority, if applicable (D.C. Code § 20-303)
☐ Power of attorney designating Register as agent (if petitioner is a nonresident — § 20-303(b)(7))
☐ Court costs (money order/check payable to "Register of Wills," or cash)

SOURCES AND REFERENCES

• D.C. Code § 11-921 — Superior Court civil jurisdiction.
• D.C. Code § 20-101 — Definitions (Court = Probate Division; interested person; letters).
• D.C. Code § 20-301 — Commencement of proceedings (abbreviated/formal probate).
• D.C. Code § 20-303 — Order of priority for appointment of personal representative; persons excluded; nomination.
• D.C. Code § 20-304 — Petition for probate; required contents and requests for court action.
• D.C. Code §§ 20-311, 20-321 — Abbreviated and formal probate proceedings.
• D.C. Code §§ 20-501, 20-502, 20-504 — Qualification; bond; waiver or reduction of bond.
• D.C. Code § 20-704 — Notice of appointment to interested persons, creditors, and unknown heirs.
• D.C. Law 25-302 (Strengthening Probate Administration Amendment Act of 2024) — renamed "standard" to "formal" probate; publication reduced to 2 weeks; small estate threshold raised to $80,000.
• Superior Court Probate Division: https://www.dccourts.gov/superior-court/probate-division