{"id":141,"date":"2017-02-08T13:49:49","date_gmt":"2017-02-08T13:49:49","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=141"},"modified":"2024-04-25T23:21:09","modified_gmt":"2024-04-26T03:21:09","slug":"conveying-real-property-out-of-probate-estates-in-washington-dc","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/conveying-real-property-out-of-probate-estates-in-washington-dc\/","title":{"rendered":"Conveying Real Property out of Probate Estates in Washington, DC"},"content":{"rendered":"\n

Probate is the legal process of administering a person\u2019s\nestate after he or she has died. The Probate Division of the Superior Court oversees\nthe probate process for residents of the District of Columbia.<\/p>\n\n\n\n\n\n\n\n

Assets subject to probate include any property the decedent\n(deceased person) owned individually, outside of a survivorship interest. This\nincludes real property. Real property assets held in a survivorship tenancy, in\na trust, or designated to pass upon the grantor\u2019s death by way of a recorded\ntransfer on death deed all transfer outside of the probate process.<\/p>\n\n\n\n

Upon the death of a resident of Washington, DC, a petitioner\nmust file for probate. The District of Columbia recognizes large estate, small\nestate, and abbreviated probate, with options for supervised or unsupervised\nadministration. Consult a lawyer to determine what type of probate is\nappropriate for the estate\u2019s needs. <\/p>\n\n\n\n

The court appoints the personal representative who will oversee\nadministration of the decedent\u2019s estate. D.C. Code \u00a7 20-303 establishes the order\nof priority for appointment of a personal representative, with top priority\ngiven to anyone named by a decedent\u2019s valid will to serve as personal\nrepresentative, or to the next of kin if the decedent has died intestate\n(without a will). The District of Columbia uses the term \u201cpersonal\nrepresentative\u201d regardless of whether the person is named in a will or\nappointed by the probate division of the superior court.<\/p>\n\n\n\n

Under \u00a7 20\u2013741, the general powers of the personal\nrepresentative include the power to sell the decedent\u2019s real property. Sale may\nbe required to raise funds to pay the estate\u2019s debts, or to uphold the terms of\na will. A petition of the court for sale may be required, depending on the\nsituation [1]. See also: D.C. SCR-PD Rule 112.<\/p>\n\n\n\n

To transfer real property to a buyer, the personal representative\nexecutes a deed. Typically, a personal representative\u2019s deed following a sale\ncarries a special warranty. A special warranty covenants that the grantor \u201cwill\nforever warrant and defend the said property unto the grantee\u2026against the\nclaims and demands of the grantor and all persons claiming or to claim by,\nthrough, or under him\u201d (D.C. \u00a7 42-605).<\/p>\n\n\n\n

When a sale is not required, a personal representative may\nstill need to execute a deed to convey real property to heirs or distributees. D.C.\nCode \u00a7 20-1103 states that a quitclaim deed executed by the personal\nrepresentative is an effective form for the distribution of the decedent\u2019s real\nproperty to distributees. A quitclaim deed carries no warranty of title, and\nsimply conveys whatever interest the grantor, in this case, the personal\nrepresentative, has in the property.<\/p>\n\n\n\n

A personal representative\u2019s deed should meet the same requirements for form and content of warranty and quitclaim deeds in Washington, District of Columbia. The basic requirements for a personal representative\u2019s deed to convey a probate estate are a legal description of the property being transferred, including assessment and taxation number; information regarding the estate and probate case, including decedent\u2019s name, date of death, and the case number; and any warranty information, if relevant to the transfer. Deeds following a sale of a probate estate include, in addition, a statement of consideration made for the transfer, and any accompanying realty transfer taxes. The personal representative must sign the deed in the presence of a notarial official before recording with the land records of the District of Columbia.<\/p>\n\n\n\n

Available Probate Documents for the District of Columbia:<\/p>\n\n\n\n