D.C.’s Byzantine, Quasi-Federal Probate System Is Making It Harder for Families to Hold on to Their Homes

The Jones family has owned the house at 703 Emerson Street NE in Washington, D.C. since the 1950s. Elsie Andrews, who grew up in the house, inherited it from her parents, William and Sarah Jones, after they passed away in the 1980s. Andrews, now 77, had been living in Kentucky but wants to move back to D.C. to be closer to her daughter, Tina Jones, and her grandchildren. To fund the move, she decided to sell the family home, which had been in her family for decades. Despite finding a buyer quickly, the family has been unable to complete the sale due to a bureaucratic issue with the probate process.

The complication arises from the fact that the names of Andrews' parents are still on the title of the house, even though they passed away over 40 years ago. The probate court requires old records to confirm that Andrews is the rightful owner, but those records are missing or difficult to retrieve. The probate process in D.C. is uniquely challenging due to the city's past under federal control, which means that some records are managed by the National Archives and others by D.C. government agencies. For two years, Andrews has been stuck in a legal limbo, waiting for the records needed to clear the title. Although a judge recently ruled that she can proceed with the sale, the delay has caused financial strain, including nearly $73,700 in unpaid property taxes.

The issue Andrews faces is not uncommon in D.C. Due to slow and disorganized probate processes, many elderly residents risk losing homes that have been in their families for decades. The delays also make it harder for families to pass down wealth through property, contributing to a decline in Black homeownership in the city. Efforts have been made to streamline the probate process, but structural problems persist, especially with records managed by both local and federal entities. For now, Andrews hopes to sell the home soon to pay off the taxes and settle into a new place near her family. However, the market has changed, and the offer she initially received has decreased, adding to the family's frustrations.

For more information see Alex Koma "D.C.’s Byzantine, Quasi-Federal Probate System Is Making It Harder for Families to Hold on to Their Homes" WashingtonCityPaper.com, September 4, 2024. 

Special thanks to Deborah Matthews (Virginia Estate Planning Attorney) for bringing this article to my attention.