Probate in Washington, D.C.: A Complete Guide

Washington, D.C. has its own probate code, administered by a single Probate Division that covers the entire District, and its own estate tax with an exemption well below the federal threshold. This guide walks through the full D.C. process.

Does D.C. Always Require Probate?

No. Assets held in a revocable living trust, accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, joint tenancy property with right of survivorship, and tenancy-by-the-entirety property for spouses all pass outside of probate.

The D.C. Probate Division

D.C. probate runs through the single Probate Division of the Superior Court of the District of Columbia — there's no county-level subdivision, since D.C. isn't divided into counties.

The D.C. Small Estate Procedure ($80,000)

If the estate's property is valued at $80,000 or less (D.C. Code § 20-351), it can be administered under D.C.'s simplified Small Estate procedure. This still requires filing with the Probate Division, but the process is faster and lighter than full administration — no bond is required, and notice requirements are relaxed. A Petition for Administration of Small Estate must document the estate's value, list known heirs, beneficiaries, and creditors, and confirm a diligent search was made for all property and debts.

How to Open Probate in Washington, D.C.

1. File the will and a Petition for Probate with the Probate Division of D.C. Superior Court.
2. The Probate Division reviews the petition. For unsupervised (abbreviated) administration, the personal representative is qualified administratively. For supervised administration, a hearing is held.
3. The court issues Letters of Administration to the personal representative.

Standard vs. Abbreviated Probate

D.C. offers two tracks:

• Standard probate (supervised): The Probate Division actively supervises the personal representative throughout administration. Required when the will calls for it, or when an interested party requests it.
• Abbreviated probate (unsupervised): The personal representative administers the estate with minimal court involvement. Available when all interested parties consent, or the will permits it.

D.C. Personal Representative Compensation

D.C. allows "reasonable compensation" for the personal representative, with no fixed statutory percentage. For a routine, uncomplicated estate, 1–3% of the estate's value is a common benchmark, though the court can approve more for complex administrations.

Creditor Claims in D.C.

The personal representative must publish a Notice to Creditors. Claims are barred unless presented within 6 months of the first publication date (D.C. Code § 20-903). Direct notice to known creditors is also required.

The D.C. Estate Tax

Unlike most jurisdictions, D.C.'s estate tax exemption is significantly lower than the federal exemption: $4,988,400 for deaths in 2026, compared to the $15 million federal exemption. Estates above the D.C. threshold pay graduated rates from 11.2% up to 16%. The D-76 estate tax return is due 10 months after death. D.C. does not have a separate inheritance tax.

Intestacy in D.C.

If there is no will, D.C. Code § 19-302 governs the surviving spouse's or domestic partner's share:

• No surviving descendants or parents: Spouse/partner takes the entire estate.
• All descendants are shared with the spouse/partner, and the spouse/partner has no other descendants: Spouse/partner takes 2/3 of the balance; the rest goes to descendants.
• No descendants, but a surviving parent: Spouse/partner takes 3/4 of the balance; parents take the rest.
• All descendants are shared, but the spouse/partner has other descendants too, or one or more descendants are not shared: Spouse/partner takes 1/2 of the balance.