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Who this guide is for
The District has one of the more modern probate systems in the country. Most estates are handled with very little court supervision, the person in charge has broad authority to act without asking a judge, and a small estate can be settled in a matter of weeks. But DC also has rules that catch families off guard: a duty to file the will within 90 days, a six-month window for creditors, a DC estate tax that starts far below the federal level, and specific protections for a surviving spouse or domestic partner.
Nothing in this guide is legal advice for your specific situation. The dollar limits and time periods described here are current as of 2026, and they change from time to time. Call us before you rely on any of them.
What probate is, in plain English
Probate is the court process that moves a person's property to the people who are supposed to receive it after death. The court confirms the will is valid (or confirms who inherits when there is no will), appoints someone to be in charge, makes sure debts and taxes get paid, and then the property is distributed to the heirs.
Think of it as a bridge. On one side is property titled in the name of someone who has died. On the other side are the living people who should own it. A bank, a title company, or the Recorder of Deeds will not take a deceased person's name off an asset on your say-so. Letters issued by the court, or in very small estates a sworn affidavit, are what let the family cross.
In the District, probate is handled by the Probate Division of the Superior Court, and the office that manages the files is the Register of Wills, located at 515 5th Street NW. The person the court puts in charge is called the personal representative, whether or not there was a will. The court's proof of that person's authority is a document called letters of administration.
What goes through probate, and what skips it
What goes through probate
Only property that was titled in the deceased person's name alone, with no beneficiary named, goes through probate:
- A house or condo titled in the person's name alone
- Bank and credit union accounts with no payable-on-death beneficiary
- Brokerage and investment accounts with no transfer-on-death beneficiary
- Vehicles titled in the person's name alone
- Personal belongings, furniture, jewelry, art, and collections
- A business interest owned in the person's own name
- Money owed to the person, such as a final paycheck, a tax refund, or a lawsuit claim
What skips probate
Many assets pass automatically, outside of court, because of how they are titled or because a beneficiary was named:
- Life insurance and annuities with a living named beneficiary
- Retirement accounts (401(k), IRA, TSP, pension) with a living named beneficiary
- Accounts with a payable-on-death or transfer-on-death designation
- Property held in a living trust
- Property held jointly with right of survivorship or as tenants by the entirety, which passes to the surviving owner
- Real estate covered by a recorded transfer-on-death deed
This is why two families with the same size estate can have completely different experiences. One may need a full court proceeding that takes most of a year. The other may need only a few forms. The difference is almost always planning done before death, not the size of the estate.
The ways a DC estate can be settled
Depending on the size of the estate, whether there was a will, and whether anyone objects, a District estate takes one of four paths. Most estates we handle take the second one.
| Path | When it fits | What it involves | Typical time |
|---|---|---|---|
| Small asset affidavit | Probate estate of $40,000 or less after debts, and no real estate | All heirs sign an affidavit 60 days after death; the bank or company releases the asset; no personal representative is appointed | A few weeks after the 60-day wait |
| Small estate proceeding | Probate estate of $80,000 or less (not counting real estate for court costs) | A short petition; the court appoints a personal representative, admits the will, and publishes notice once; 30-day claims period; no bond and no attorney required | 2 to 4 months |
| Standard estate, unsupervised administration | Everything else, where the will is regular on its face and no one objects | The personal representative is appointed, notice is published, creditors have 6 months, inventory and accounts go to the heirs (not the court), and the estate closes with a certificate of completion | 9 to 12 months |
| Standard estate, supervised administration | The will requires it, an interested person shows good cause, or the court orders it | Same as above, but the inventory and every account are filed with the court and audited | 12 to 18 months or more |
The time estimates are our experience, not deadlines set by law. Disputes, hard-to-find heirs, real estate sales, and a DC estate tax return each add months.
Small asset affidavit
The District added this procedure in 2024 for the smallest estates. If everything that would go through probate is worth $40,000 or less after debts, and there is no real estate, the heirs can collect bank accounts, brokerage accounts, refunds, and personal property by signing an affidavit. Sixty days must have passed since the death, the funeral must be paid, no probate case may be pending, and every heir must sign. The person who receives the asset holds it for the others and must distribute it correctly. One catch: if there was a will, it still has to be admitted to probate before the affidavit can be used, which limits how much time and cost this saves.
Small estate proceeding
When the probate estate is $80,000 or less, the court offers a shortened process. A short petition lists the property, the debts, and any pending lawsuits. The court appoints a personal representative, approves the funeral bill, admits the will if there is one, and orders a single publication of notice. Creditors have 30 days instead of six months. The personal representative does not have to post a bond, hire an attorney, or take a fee. After the 30 days, the personal representative files proof of publication and a list of claims, pays what is owed, and distributes the rest. If more property turns up and pushes the total over $80,000, the estate converts to a standard administration.
Standard estate, unsupervised administration
This is the normal path for most District estates. We file a petition for probate with the original will, the notices, and the filing fee. When the will is regular on its face, which is true of nearly every properly prepared DC will, the court can admit it and appoint the personal representative without a hearing and without first giving notice to everyone. This is called abbreviated probate. Once appointed, the personal representative has broad power to collect assets, pay debts, sell property, and distribute, with no court approval needed for each step. The inventory and accounts are sent to the heirs and creditors, not filed with the court. The estate closes when the personal representative files a certificate of completion.
Formal probate, with published notice and a chance for everyone to object before the will is admitted, is required only when something is irregular: the original will is missing and a copy is offered, the will has handwritten changes, the dates do not match, or a creditor rather than a family member is asking to be appointed.
Supervised administration
The court supervises an estate only when the will directs it, when an heir or creditor shows good cause, or when the judge finds a reason. Under supervision, the inventory is filed with the court within three months, the first account is due one year after the first publication and every nine months after that, and every account is audited by the court. The heirs can agree in writing to convert a supervised estate to an unsupervised one, and a will can waive the inventory and accounts entirely.
Key DC rules families should know
The will must be filed within 90 days
Whoever has the original will must deliver it to the Register of Wills within 90 days of learning of the death, whether or not anyone plans to open an estate. Willfully failing to do so can bring a fine. Every will, codicil, and copy must be filed, even an old one that was replaced. A will cannot be filed before the person dies.
Who inherits when there is no will
When a District resident dies without a will, the law decides who inherits. Registered domestic partners are treated the same as spouses.
- Spouse or domestic partner, no children, no living parents: the spouse takes everything.
- Spouse and children, all of whom are the spouse's children too, and the spouse has no other children: the spouse takes two-thirds; the children share one-third.
- Spouse, no children, but a living parent: the spouse takes three-fourths; the parent takes one-fourth.
- Spouse and children, where either the deceased or the spouse has children from another relationship: the spouse takes one-half; the deceased person's children share the other half.
- No spouse: the children share equally, with a deceased child's share going to that child's children. If there are no children, the parents. If no parents, brothers and sisters. Then more distant relatives. If no relative within five degrees can be found, the property goes to the District.
What a surviving spouse or domestic partner is entitled to
Even when there is a will, a surviving spouse or domestic partner has rights the will cannot take away:
- Homestead allowance: $30,000, paid before almost all creditors, on top of whatever the will or intestacy provides. If there is no spouse, minor and dependent children share it.
- Exempt property: up to $20,000 in household furniture, vehicles, appliances, and personal effects.
- Family allowance: a reasonable amount for the support of the spouse and dependent children during administration, which the personal representative may pay in a lump sum of up to $30,000.
- The right to renounce the will: within six months after the will is admitted, a spouse who was left less than the intestate share can renounce the will and take the intestate share instead, up to one-half of the net estate.
The six-month creditor period
After the personal representative is appointed, a notice of appointment is published once a week for two consecutive weeks in a DC newspaper, and within 20 days the personal representative mails the notice to every heir, legatee, and known creditor. Creditors have six months from the first publication to present a claim in writing. A claim not presented in time is barred. The personal representative must give actual notice to creditors it knows about or could reasonably find; the newspaper alone is not enough for them. Secured debts, like a mortgage, are not cut off; the lender still has the collateral. Allowed claims must be paid within eight months of first publication.
Bond
A bond, which is an insurance policy protecting the heirs and creditors, is required unless the will waives it or every interested person signs a waiver. Even then, an heir or creditor with more than $1,000 at stake can demand one. Almost every will we prepare waives bond.
Who can serve as personal representative
The person named in the will has first priority, then the surviving spouse or domestic partner and children, then other relatives, then the largest creditor. A person under 18, a convicted felon who has not been pardoned, a person under a conservatorship, or a judge cannot serve. Someone who lives outside the District can serve, but must file a power of attorney appointing the Register of Wills to accept legal papers on his or her behalf.
DC estate tax
The District has its own estate tax, separate from the federal tax, and it starts at a much lower level. The exemption is $4 million adjusted for inflation each year, which put it near $4.9 million as of 2025. An estate over that amount owes DC estate tax and must file a return within 10 months of death. There is no portability of the exemption between spouses in the District, so married couples with a home and retirement savings in the District often need planning that would not be necessary in Mississippi or Louisiana. There is no DC inheritance tax and no DC gift tax.
Wills that DC will recognize
A District will must be in writing, signed by the person making it, and attested and signed by two credible witnesses in the person's presence. A will signed with a notary is self-proving, which lets the court admit it without tracking down the witnesses. A handwritten will with no witnesses is not valid in the District.
Court costs
Court costs are set by the size of the estate, not counting real estate, on a sliding scale: nothing for estates under $500, $50 up to $15,000, $350 up to $100,000, $575 up to $500,000, $1,275 up to $1 million, and more above that, plus $25 for each piece of DC real estate. In an unsupervised estate the costs are paid when the petition is filed.
Do you need a lawyer?
The District does not require a personal representative to have an attorney, and the Probate Division provides forms and a live chat for procedural questions. As a practical matter, a standard estate involves a petition, notices, an inventory, an accounting, creditor decisions, tax returns, and a certificate of completion that must each be done correctly, and the personal representative is personally liable for mistakes. A small estate proceeding can reasonably be done without a lawyer. Most families with a standard estate want one.
What to expect, step by step
Here is what a standard, unsupervised DC estate looks like from the family's side. The small estate paths skip several of these steps.
The first few weeks. Take care of the funeral, order certified death certificates, secure the home, and locate the original will. File the will with the Register of Wills within 90 days. Do not distribute belongings, close accounts, or sell anything yet. Keep paying the mortgage, insurance, and utilities. If the home will sit empty, tell us right away: a vacant property can be reclassified and taxed at a much higher rate, and an exemption request must be filed.
The first meeting. We sit down with the family, review the will, identify the heirs, and build a list of what the person owned and owed. We tell you which path applies, what the court costs will be, and what our fee will be.
Opening the estate. We prepare the petition for probate, the notices, the bond or bond waiver, and the order, and file them in person with the Register of Wills with the court costs. In an abbreviated probate, the court admits the will and appoints the personal representative without a hearing. Letters of administration are issued.
Notices. We publish the notice of appointment once a week for two weeks and mail it to every heir, legatee, and known creditor within 20 days. Within 90 days we file the verification and certificate of notice with the court. The six-month creditor clock starts on the first publication.
Gathering the estate. The personal representative obtains a tax ID number for the estate, opens an estate bank account, and collects the accounts and property. Within three months we prepare the inventory, listing each asset at its date-of-death value, and send it to the heirs. If the estate includes a firearm, the police must be notified within 30 days.
Paying debts and taxes. Creditors present claims; the personal representative allows or denies each one. Allowed claims are paid within eight months of first publication. The person's final income tax returns are filed, an estate income tax return if needed, and a DC estate tax return if the estate is over the exemption.
Accounting and distribution. We prepare the account showing what came in, what was paid, and what is left, and send it to every interested person with notice of their right to object within 60 days. Real estate is transferred by a deed from the personal representative, which is exempt from DC transfer and recordation tax. Accounts are retitled or paid out.
Closing. After the objection period, we file the certificate of completion with the court. That closes the estate and, one year after distribution, ends the personal representative's personal liability. If no certificate is filed, the appointment ends automatically three years after it began.
What the family needs to gather
The faster we have this information, the faster the estate moves. Bring what you can to the first meeting; the rest can follow.
About the person who died
About what the person owed
About what the person owned (values as of the date of death)
Common problems and how to avoid them
The will was never filed.
Families sometimes hold onto a will for months while they decide what to do. The District requires it to be delivered to the Register of Wills within 90 days, and a court can fine someone who willfully ignores that. File it, even if you are not ready to open the estate.
Only a copy of the will can be found.
DC courts admit the original will. If only a copy exists, the estate must go through formal probate with published notice, and the family must overcome the presumption that a will the person kept and cannot be found was revoked. Keep the original somewhere the family can find it, and tell us where it is.
The house sits empty.
A vacant DC property can be reclassified and taxed at several times the normal rate, and it becomes hard to insure. If no one will be living in the home during probate, we file for the exemption right away and talk through whether to rent it or sell it.
A beneficiary designation that was never updated.
A payable-on-death or transfer-on-death designation controls over the will. A former spouse, a deceased parent, or a child who has been cut out of the will can still receive an account if the paperwork at the bank was never changed. We check every designation at the start.
The surviving spouse assumed everything was theirs.
Without a will, a spouse with children inherits between one-half and two-thirds, and the children take the rest. In a blended family, the spouse's share drops to one-half. A will or trust fixes this.
A creditor who was known but not notified.
The newspaper notice does not cut off a creditor the personal representative knew about or could easily have found. Those creditors must be mailed the notice. If they are not, their claim survives the six-month deadline. We make sure the mailing list is complete.
Paying bills too early.
A personal representative who pays claims before the six-month period runs, without requiring security, can be personally liable if the estate turns out not to have enough to cover everyone. Pay the mortgage, insurance, and utilities. Wait on everything else until we have talked.
A DC estate tax return nobody expected.
A house in the District plus a retirement account plus life insurance can push an estate past the DC exemption even when the family does not think of itself as wealthy. The return is due 10 months after death. If the estate is anywhere near the exemption, we tell you at the first meeting and plan the timeline around it.
Property in more than one state.
A District resident who owned land in Maryland, Virginia, Mississippi, or Louisiana needs a proceeding in that state too. A resident of another state who owned DC property needs a foreign estate proceeding here, which does not require new letters but does require filing the home-state appointment, publishing notice, naming a DC agent, and either posting bond or waiting six months before real estate can be transferred. We handle DC, Mississippi, and Louisiana estates, so a family with property in more than one of those works with one firm.
Frequently asked questions
Do we have to go to court?
Almost never. A regular DC will is admitted and the personal representative appointed on the papers, without a hearing. In an unsupervised estate, the court is not involved again unless someone raises a dispute. A hearing happens only in formal probate or when an heir or creditor objects.
How long does it take?
A small asset affidavit can be used 60 days after death. A small estate proceeding usually takes two to four months. A standard unsupervised estate takes at least seven or eight months because of the six-month creditor period, and nine to twelve months is typical. A DC estate tax return or a real estate sale adds time. These are our estimates from experience, not rules.
Is there a deadline to start?
The will must be filed within 90 days, but there is no deadline to open the estate. Waiting creates problems: accounts freeze, the house may be reclassified as vacant, and heirs pass away. Start within a few months if you can.
Who is in charge?
If the will names a personal representative, that person. If not, the surviving spouse or domestic partner and the children have priority, then other relatives. Two or more people can serve together, but they must agree on every decision.
Does the personal representative have to live in DC?
No. An out-of-state personal representative can serve by filing a power of attorney naming the Register of Wills as agent to receive legal papers.
Does the personal representative get paid?
Yes, reasonable compensation, without court approval unless an heir objects. Many family members waive it. Attorney's fees and court costs are paid from the estate.
Are the heirs responsible for the debts?
No. Heirs are not personally liable for the person's debts. But the estate's debts are paid before the heirs receive anything, and an heir who receives a distribution can be required to give it back if a valid claim later surfaces and the estate did not have enough to pay it.
What does the surviving spouse get?
At least a $30,000 homestead allowance, $20,000 in household property, and a family allowance, before creditors. Plus whatever the will provides, or the intestate share if there is no will. A spouse who is left less than the intestate share can renounce the will within six months and take that share instead.
What about the house?
The personal representative can sell it without court approval unless the will restricts that power. If it passes to the heirs, the personal representative signs a deed to them, which is exempt from DC transfer and recordation tax. Keep it insured and occupied, or file for the vacant property exemption.
Will there be a DC estate tax?
Only if the estate is over the DC exemption, which is roughly $4.9 million and adjusts each year. Life insurance the person owned counts toward that number. If the estate is close, tell us at the first meeting.
What if the person lived in another state but owned DC property?
The home-state personal representative files certified copies of the appointment with the Register of Wills, publishes notice, and names a DC agent. No new DC letters are needed. Real estate can be transferred after posting a bond or waiting six months with no claims.
Can we skip probate next time?
Yes. A living trust holds your home and accounts so they pass to your family without any court involvement, and it can be structured to reduce or eliminate DC estate tax for a married couple. A transfer-on-death deed passes DC real estate to a named person at death without probate. Beneficiary designations handle retirement accounts and life insurance. We help families put these in place every week.
How Trusted Plan Lawyers can help
We handle District of Columbia estates from start to finish: small asset affidavits, small estate proceedings, and standard administrations in the Probate Division. Our attorney is licensed in the District of Columbia, Mississippi, and Louisiana, so families with property in more than one of those places work with one firm and one plan.
What we do
- Tell you at the first meeting which path your family qualifies for, what the court costs will be, and what our fee will be
- File the will with the Register of Wills and prepare every petition, notice, waiver, and order
- Handle the publication, the creditor mailing, and the verification of notice
- Prepare the inventory, the account, and the certificate of completion
- Identify whether a DC estate tax return is required and coordinate its preparation
- Prepare the deed transferring real estate to the heirs and record it with the Recorder of Deeds
- Give you written instructions for retitling accounts, vehicles, and property
- Handle a companion Mississippi or Louisiana proceeding when the person owned property there
Fees
Uncontested DC probate is a flat fee, quoted after the first meeting, once we know the size of the estate and which path applies. A small estate costs far less than a standard administration. You will know the number before we start, and there is no hourly billing. If an heir or creditor contests the will, the estate, or a claim, additional fees apply for the contested matter, and we tell you in writing before that work begins. Court costs, publication fees, and recording fees are separate and are paid to the court and the newspaper.
What to bring to your first meeting
The death certificate, the original will if there is one, and whatever you have from the checklist above. Do not wait until you have everything; we can start with what you have.
Licensed in Mississippi, Louisiana, and the District of Columbia, with more than twenty years helping families plan for incapacity, long-term care, and everything they want to pass on. This guide is general information as of September 2026 and is not legal advice.