Waiver of administration; notice to creditors; final order

§ 20–2102. Waiver of administration; notice to creditors; final order (a) When a person dies intestate, leaving a small estate consisting only of personal property of a value not in excess of $500, and there is no surviving spouse or minor child, the person entitled to be preferred in the appointment of an administrator may file in the Probate Court a petition, under oath, declaring: (1) the time and place of the decedent’s death; (2) the known next of kin; (3) that diligent search has been made for a will and none has been found; (4) the known creditors, together with the amount of each claim, including contingent and disputed claims; (5) the amount of the funeral expenses; (6) the known assets and by whom they are held; (7) that the petitioner has made a diligent search to discover all assets and debts of the deceased; (8) that the assets do not exceed $500 in value; and (9) that there are no known legal proceedings pending in which the decedent is a party. (b) When the Probate Court is satisfied that the allegations in a petition filed under subsection (a) of this section are true, it shall enter a preliminary order declaring that formal administration is not necessary, and instructing the petitioner to publish once, in substantially the usual form, notice to creditors to exhibit their claims, duly authenticated, within 30 days after the notice. The notice shall be inserted in one newspaper of general circulation in the District of Columbia as the court directs. (c) When a preliminary order has been entered and the notice has been published, as provided by, subsection (b) of this section, and the time provided in the notice has expired, the petitioner shall file, under oath, a statement, with the usual proof of publication attached, that the notice has been published, and that the time has expired, and listing all then known creditors, including contingent and disputed claims, and the amount of each claim. (d) When the Probate Court is satisfied that the statement, filed under subsection (c) of this section is true, and after hearing and disposing of any objections filed in the court by persons interested in the estate, it shall enter a final order: (1) directing the petitioner to pay from the estate all the claims, in the order of priority provided by law; 79 Stat. 732 (2) authorizing a person having possession of any property of the estate to transfer, pay over, and deliver it in accordance with the petitioner’s directions; and (3) decreeing that, after the Register of Wills certifies upon the final order that he has seen the vouchers for the payment of the claims and is satisfied that the claims, as well as the fees provided for by this chapter, have been paid, the remaining balance of the estate, if any, shall be vested: (A) in the adult surviving children, equally; or (B) if there is no adult surviving child, then in those persons who would be entitled to the remaining balance of the estate under chapter 3 of Title 19. The share of a minor is payable, in the discretion of the court, to the person having custody of the minor or to such other person as the court designates, to be used solely for the care and maintenance of the minor. (e) The court may also provide in its final order issued under subsection (d) of this section for the sale of any property, upon such terms as it deems advisable, and for the distribution of the proceeds in accordance with the order.