District of Columbia (D.C.) Probate Information
Quick facts
| Topic | District rule |
|---|---|
| Probate forum | The Probate Division of the Superior Court of the District of Columbia is the court for decedents' estates (D.C. Code § 20-101(b)). The Office of the Register of Wills is an office inside that Probate Division (D.C. Code § 11-2101). |
| Filing jurisdiction | The District of Columbia is one filing jurisdiction. There are no counties, parishes, boroughs, independent cities or separate local probate filing units to choose among. |
| Venue | A District domiciliary estate opens in the Probate Division as a large estate or a small estate under D.C. Code § 20-351. A decedent domiciled elsewhere who owned District property uses a foreign estate proceeding under D.C. Code § 20-341. |
| Core paths | Abbreviated probate under D.C. Code § 20-311; formal probate, which the Court's rules and forms still call standard probate, under D.C. Code § 20-321; small estates proceedings under D.C. Code § 20-351; and transfer by affidavit under D.C. Code § 20-361. |
| Small estates | $80,000 or less for a decedent who died on or after March 21, 2025, under D.C. Code § 20-351 as amended by D.C. Law 25-302. For a death before March 21, 2025, $40,000 remains the small-estate ceiling, while $40,000 is also the current transfer by affidavit ceiling under D.C. Code § 20-361. |
| Authority document | The District issues letters of administration under D.C. Code § 20-503 whether or not there is a will. Twelve copies come with the appointment at no charge and extra copies are $1.00 each under Super. Ct. Prob. R. 108(d), effective August 22, 2022. |
| Default administration | Unsupervised administration is the default under D.C. Code §§ 20-401 and 20-402, and the appointment order is for unsupervised administration unless it says otherwise. |
| Bond | A bond is required unless the will excuses it or all interested persons waive it in writing. An interested person or creditor with an interest or claim in excess of $1,000 may demand bond (D.C. Code § 20-502). |
| Claim deadline | Creditor claims in a large or formal estate are barred 6 months after first publication of the notice of appointment (D.C. Code § 20-903). In a small estate under D.C. Code § 20-351, notice runs once and the 30-day claim window runs from publication under D.C. Code § 20-353. |
| Court costs | Court costs are value-based under Super. Ct. Prob. R. 108, effective August 22, 2022, assessed on the value of the estate excluding real property, from no charge at $500.00 or less to $11,300.00 over $50,000,000, plus $25.00 once for all District real property. D.C. Code § 15-707 delegates the fee schedule to the court and caps the bottom two brackets. |
| Tax | The District has an estate tax under D.C. Code § 47-3702. The exclusion for a 2026 death is $4,988,400.00 under the 2026 D-76 Estate Tax Instructions, Revised 10/2025, and the return and payment are due within 10 months under D.C. Code § 47-3705. The D-76 is filed and paid electronically at MyTax.DC.gov. The District has no inheritance tax on beneficiaries for deaths on or after April 1, 1987. |
| E-filing | E-filing runs on eFileDC. Since October 31, 2022, represented parties must e-file, self-represented filers may e-file but do not have to, and the filing that opens a new estate remains paper-only. |
| Case search | The Superior Court Portal covers the Probate Division and allows most case information to be viewed without registration. The Division's older pages call the same web docket route Remote Public Access. |
Before you begin — know the assets and liabilities
Before choosing a District route, identify every asset, debt and titled item. The value calculation determines whether the estate can use a transfer by affidavit under D.C. Code § 20-361, a small estate under D.C. Code § 20-351, or a large estate. For a small-estate petition, D.C. Code § 20-352(a) requires a verified statement that the petitioner made a diligent search to discover all property and debts.
Sunset supports estate settlement by searching across 2,300 institutions, organizing the asset list, and helping the family decide which District packet fits before the paper filing goes to the Office of the Register of Wills. Estate settlement in the District is value-driven, so missing one account can change the route, the court costs under Super. Ct. Prob. R. 108, and the timeline.
Which court handles probate
Probate in the District of Columbia is organized through one forum: the Probate Division of the Superior Court of the District of Columbia (D.C. Code § 20-101(b)). The Office of the Register of Wills is an office inside that Probate Division (D.C. Code § 11-2101). The Superior Court appoints and removes the Register of Wills, and the officer must meet the District of Columbia bar and probate-experience requirements in D.C. Code § 11-2102.
There is no county-by-county venue map. If the decedent was domiciled in the District, the estate opens in the Probate Division as an ADM large estate or an SEB small estate under D.C. Code § 20-351. If the decedent was domiciled elsewhere but owned District property, the filing is a foreign estate proceeding under D.C. Code § 20-341; no District personal representative is appointed and no District letters of administration issue.
The probate process
- Find the original will, if there is one. The Probate Division asks that a will be filed within 90 days after the death with a Certificate of Filing Will, and filing the will creates a WIL record rather than opening an estate.
- List the assets and debts. The route turns on the value of property subject to administration in the District, whether the estate includes any interest in real property, and whether the entire probate estate can qualify for transfer by affidavit under D.C. Code § 20-361.
- Choose the path. Use transfer by affidavit under D.C. Code § 20-361 if the entire probate estate is $40,000 or less, no real-property interest is included, at least 60 days have elapsed since death, no personal representative application is pending or granted anywhere, funeral expenses are paid, and all known successors sign. Use a small estate under D.C. Code § 20-351 if the District property subject to administration is $80,000 or less for a death on or after March 21, 2025, with the date-of-death rule currently supplied by temporary D.C. Law 26-164. Otherwise prepare a large estate.
- Identify the person with priority to serve under D.C. Code § 20-303. A petition by a creditor or by a person without the highest priority to serve moves the case into formal probate, which the Court's rules and forms still call standard probate, under D.C. Code § 20-321 and Super. Ct. Prob. R. 203. Under § 20-303(c-1), added March 21, 2025, heirs of an intestate decedent or legatees of a testate decedent may also nominate a personal representative in writing.
- Prepare the petition for probate under D.C. Code § 20-304, the proposed order, the notice of appointment, bond papers or waivers, and any required Form 26 or Form 27. Use the form set for the decedent's date of death.
- Address bond before filing. A bond is required unless the will excuses it or all interested persons waive it in writing, and a person with an interest or claim in excess of $1,000 may demand bond under D.C. Code § 20-502.
- File the opening papers on paper with the Office of the Register of Wills in the Probate Division. Court costs are due with the petition under Super. Ct. Prob. R. 108(a)(5)(A), effective August 22, 2022, because the amount varies with the estate value.
- Receive the signed order and letters of administration. D.C. Code § 20-503 requires letters to state the appointment, any probate of the will, and whether the administration is supervised or unsupervised. Super. Ct. Prob. R. 108(d), effective August 22, 2022, provides twelve copies at no charge and extra copies at $1.00 each.
- Publish and mail notice. D.C. Code § 20-704 requires publication and mailing within 20 days after appointment. The statute now says two successive weeks; Super. Ct. Prob. R. 206 and the Division's instructions still say three successive weeks in two publications, so follow the schedule the Division gives you when it prepares the notice.
- File the verification and certificate of notice with proof of publication within 90 days after appointment under D.C. Code § 20-704. In a supervised administration under D.C. Code § 20-401, file the inventory required by D.C. Code § 20-711 within 3 months unless a valid waiver of filing applies under D.C. Code § 20-731.
- Collect assets, handle claims and pay in the statutory order. Creditor claims in a large or formal estate run 6 months from first publication under D.C. Code § 20-903; small-estate claims run 30 days from the date of publication under D.C. Code § 20-353. If assets are insufficient, D.C. Code § 20-906 controls the order of payment.
- Check tax before closing. A District estate tax return, D-76, is due within 10 months if required under D.C. Code § 47-3705; the 2026 exclusion is $4,988,400.00 under the 2026 D-76 instructions, and the rate statute is D.C. Code § 47-3702.
- Close the estate. In an unsupervised administration under D.C. Code § 20-401, the personal representative closes with a Certificate of Completion under D.C. Code § 20-735 after the creditor period expires. In a supervised administration, closing occurs through approval of the final account, and D.C. Code § 47-3716 adds a tax-payment gate only when a federal estate tax return is required.
Types of probate
| Path | When it applies | What it produces | Authority |
|---|---|---|---|
| Abbreviated probate | The usual ADM route when the petitioner has the highest priority to serve, the will has no irregularity, and no advance notice is required before appointment. | A judge's order appointing a personal representative, admitting the will if there is one, and treating the administration as unsupervised unless the order says otherwise. The proceeding is final and binding unless an interested person requests formal probate within 6 months. | D.C. Code §§ 20-311, 20-312, 20-331; Super. Ct. Prob. R. 202 |
| Formal probate, which the form titles still call Standard Probate | Used when a creditor or lower-priority person petitions, a will irregularity exists, an interested person or creditor requests it, or an abbreviated petition is materially incomplete or incorrect. The Code uses formal probate; the rules and forms still use standard probate. | Appointment and letters of administration after advance notice to interested persons and published notice before appointment. | D.C. Code §§ 20-321, 20-322, 20-323; Super. Ct. Prob. R. 203 |
| Small estates proceeding | A court proceeding for property subject to administration in the District worth $80,000 or less for a death on or after March 21, 2025, under D.C. Code § 20-351; for an earlier death, $40,000 remains the ceiling, while $40,000 also remains the transfer by affidavit ceiling under D.C. Code § 20-361. | A verified petition, court appointment of a personal representative, and either a preliminary order or a final order. If notice is required, it is published once and the claim and objection window is 30 days from the date of publication. | D.C. Code §§ 20-351 to 20-356; Super. Ct. Prob. R. 204; D.C. Law 25-302, effective March 21, 2025; temporary D.C. Law 26-164 |
| Transfer by affidavit | A non-probate path for a small asset under D.C. Code § 20-360 when the entire probate estate is $40,000 or less, includes no interest in real property, at least 60 days have elapsed since death, no personal representative application is pending or granted anywhere, funeral expenses are paid, and all known successors sign. | The holder pays or delivers the asset to the designated successor without opening a District estate. The will-probate condition in D.C. Code § 20-361(a)(4) is currently repealed by temporary legislation. | D.C. Code §§ 20-360 to 20-362; D.C. Law 25-302, effective March 21, 2025 |
| Foreign estate proceeding | For a decedent domiciled outside the District who owned District property. It is not a District administration. | The foreign personal representative records authenticated appointment papers and gives notice. No personal representative is appointed in the District and no District letters of administration are issued. | D.C. Code §§ 20-341 to 20-344 |
| Filing a will only | For filing the original will after death when no estate is being opened. The Probate Division asks for filing within 90 days after the death with a Certificate of Filing Will. | A WIL record and storage of the original will. This does not appoint a personal representative. | D.C. Code § 20-302(a); Probate Division Filing a Will page |
Executor duties
Executor duties in the District of Columbia
In the District, the working legal term is personal representative. The duties below apply after appointment and depend on whether the order states supervised administration or unsupervised administration under D.C. Code § 20-401.
- File the acceptance of duties, any required bond, and written consent to personal jurisdiction as conditions of appointment (D.C. Code § 20-501; bond rule at D.C. Code § 20-502).
- Publish the notice of appointment and mail it with the general information statement within 20 days after appointment under D.C. Code § 20-704. If the notice schedule conflicts between the statute and Super. Ct. Prob. R. 206, follow the schedule the Probate Division gives when the Register of Wills completes the notice.
- File the verification and certificate of notice, also called the VCNO, with proof of publication within 90 days after appointment under D.C. Code § 20-704.
- In a supervised administration under D.C. Code § 20-401, file a verified inventory within 3 months under D.C. Code § 20-711 and file verified accounts under D.C. Code § 20-721, unless every heir or legatee signs a waiver of filing under D.C. Code § 20-731.
- In an unsupervised administration under D.C. Code § 20-401, do not file an inventory or account with the Court, but still account to interested persons and give notice of their right to object within 60 days under D.C. Code § 20-735.
- Handle creditor claims under D.C. Code §§ 20-903 and 20-905, and pay claims in the order of payment set by D.C. Code § 20-906 when assets are insufficient.
- Apply the family protections: homestead allowance under D.C. Code § 19-101.02, exempt property under D.C. Code § 19-101.03, and family allowance under D.C. Code § 19-101.05, each including the surviving spouse or surviving domestic partner where applicable.
- File and pay the District estate tax if required. The D-76 return is due within 10 months under D.C. Code § 47-3705, and the 2026 exclusion is $4,988,400.00 under the 2026 D-76 instructions.
- Close with a Certificate of Completion under D.C. Code § 20-735 in an unsupervised administration, or through approval of the final account in a supervised administration. D.C. Code § 47-3716 blocks approval of a final account only when a federal estate tax return is required and the District estate tax has not been resolved.
- Watch the appointment clock. If no Certificate of Completion is filed, an unsupervised appointment terminates automatically after 3 years, and D.C. Code § 20-1301 requires 12 months extensions on written request with no limit on the number of extensions.
Forms and documents
Probate forms in the District of Columbia
The Probate Division publishes a statewide form set for the District, and the key fork is the decedent's date of death. Super. Ct. Prob. R. 101(b), effective August 22, 2022, separates decedents dying on or after July 1, 1995 from older estates governed by appendices. The Large Decedents' Estates page likewise warns users to check the date range printed in the form heading.
| Form group | Core forms |
|---|---|
| Abbreviated probate, ADM | Petition for Probate; Abbreviated Probate Order; Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs; bond or waivers; will if any and Certificate of Filing Will; Personal Identification Information, Form 26. The petition for probate is governed by D.C. Code § 20-304 and abbreviated probate by D.C. Code § 20-311. |
| Standard Probate, the form label for Formal Probate | Petition for Probate; Standard Probate Order; Notice of Standard Probate; Acknowledgement of Receipt of Service of Notice Regarding Petition for Standard Probate; Verified Statement Regarding Service of Petition for Standard Probate; Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs; bond or waivers; will if any and Certificate of Filing Will; Form 26. This is the form set for formal probate under D.C. Code § 20-321, although the Court's form titles still say standard probate. |
| Small estate under D.C. Code § 20-351 | Petition for Administration of Small Estate; Verification of Assets; Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs; Certificate of Filing Will. |
| Foreign estate under D.C. Code § 20-341 | Petition for Probate of Foreign Estate; Appointment of Agent to Accept Service of Process; Notice of Appointment of Foreign Personal Representative and Notice to Creditors. |
| Will only | Certificate of Filing Will and Affidavit of Witness. The Division asks that the will be filed within 90 days after the death with a Certificate of Filing Will. |
| Numbered confidential forms | Form 26 is the personal identification form. Form 27 is the financial account information form. Both are paper-only under the Probate Division eFileDC exclusion list. |
| Guided interview | Probate Forms Help Online prepares and prints a Petition for Probate, a Petition for the Administration of a Small Estate, a Verification and Certificate of Notice, a Statement of Account and the confidential information form. It prepares forms; it does not file them. |
The District does not number most probate forms. ADM, SEB, FEP and WIL are case-type prefixes, not form numbers. The Division also publishes the guide After Death - A Guide to Probate in the District of Columbia, which is marked Updated 1/2010; rely on current statutes, the 2022 rules and current court pages for rules, dollar figures and deadlines.
Fees
D.C. Code § 15-707 delegates probate fees to the court and caps only the first two brackets: no fee where the estate does not exceed $500, and no more than $15 where it does not exceed $2,500. The current court-cost schedule is Super. Ct. Prob. R. 108, effective August 22, 2022. Rule 108 is one schedule for all decedents' estates, based on the estate value excluding real property, and court costs are due when the petition is filed.
| Estate value excluding real property | Court cost under Rule 108 |
|---|---|
| $500.00 or less | No charge |
| Over $500 to $2,500 | $15.00 |
| Over $2,500 to $15,000 | $50.00 |
| Over $15,000 to $25,000 | $100.00 |
| Over $25,000 to $50,000 | $150.00 |
| Over $50,000 to $75,000 | $250.00 |
| Over $75,000 to $100,000 | $350.00 |
| Over $100,000 to $500,000 | $575.00 |
| Over $500,000 to $750,000 | $825.00 |
| Over $750,000 to $1,000,000 | $1,275.00 |
| Over $1,000,000 to $2,500,000 | $1,800.00 |
| Over $2,500,000 to $5,000,000 | $2,300.00 |
| Over $5,000,000 to $50,000,000 | $2,300.00 plus 0.02% of the amount over $5,000,000 |
| Over $50,000,000 | $11,300.00 |
Super. Ct. Prob. R. 108(a)(2), effective August 22, 2022, adds $25.00 once for all District real property. Rule 108(b) sets $45.00 for other filings that open a new court file, including a foreign estate proceeding; Rule 108(d) sets $10.00 for records search, $10.00 for certification, $5.00 for a sealed copy, 50 cents per page for copies, and $1.00 for each extra copy of letters of administration after the twelve copies issued at no charge. Publication is paid to the publication at its own rate.
A fee waiver is available under D.C. Code § 15-712. D.C. Law 25-302, effective March 21, 2025, added § 15-712(i): the Probate Division may not require payment of court costs on behalf of a decedent's estate while a litigant with a granted waiver of fees serves as personal representative, and may not require court costs after estate closure. Super. Ct. Prob. R. 108 warns that e-filing vendor fees are not covered by the court schedule and may be extra.
Timeline
- File the will if there is one. The Probate Division asks that it be filed within 90 days after the death with a Certificate of Filing Will.
- Wait at least 60 days for transfer by affidavit under D.C. Code § 20-361 if the estate otherwise qualifies for that non-probate path.
- File the petition and pay court costs under Super. Ct. Prob. R. 108, effective August 22, 2022. The cost is due with the paper petition because the amount varies by estate value.
- After appointment, publish notice and mail notice within 20 days under D.C. Code § 20-704. The statute says two successive weeks; Rule 206 and the Division's instructions still describe three successive weeks in two publications, so follow the schedule provided by the Division.
- File the verification and certificate of notice with proof of publication within 90 days after appointment under D.C. Code § 20-704.
- In a supervised administration under D.C. Code § 20-401, file the inventory within 3 months under D.C. Code § 20-711 and file accounts under D.C. Code § 20-721 unless a waiver of filing applies under D.C. Code § 20-731.
- Track the creditor period. In a large or formal estate, D.C. Code § 20-903 gives creditors 6 months from first publication. In a small estate under D.C. Code § 20-351, D.C. Code § 20-353 gives a 30-day claim period from a single publication.
- If there is a hearing and you need to change how you attend, the Probate Division requires a motion at least 10 calendar days before the hearing. Remote hearing access uses WebEx, and a remote access site must be reserved at least 2 business days before the hearing.
- File and pay any required District estate tax within 10 months of death under D.C. Code § 47-3705. The 2026 D-76 instructions set the 2026 exclusion at $4,988,400.00, and D.C. Code § 47-3702 supplies the rate statute.
- Close only after the creditor period expires. In an unsupervised administration under D.C. Code § 20-401, file a Certificate of Completion under D.C. Code § 20-735; if none is filed, D.C. Code § 20-1301 terminates the appointment after 3 years unless 12 months extensions are requested.
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
| Consideration | Why it matters | Authority |
|---|---|---|
| The filing office sits inside the Probate Division | The Office of the Register of Wills is not a county office. It is an office inside the Probate Division, and the Superior Court appoints and removes the Register of Wills. | D.C. Code §§ 11-2101, 11-2102 |
| Unsupervised administration is the default | In unsupervised administration, no inventory and no account are filed with the Court, but the personal representative still accounts to interested persons and closes with a Certificate of Completion. | D.C. Code §§ 20-401, 20-402, 20-735 |
| Formal Probate and Standard Probate both appear | The Code renamed standard probate to formal probate on March 21, 2025, but the Court's rules and form titles still use Standard Probate. A District filer will see both labels for the same longer route. | D.C. Code § 20-321; Super. Ct. Prob. R. 203 |
| The small-estate path is not the affidavit path | A small estate under D.C. Code § 20-351 is a court proceeding with a verified petition and personal representative. Transfer by affidavit under D.C. Code § 20-361 is a separate non-probate path with a $40,000 ceiling and no real-property interest. | D.C. Code §§ 20-351, 20-361 |
| Court costs explain the paper opening | Court costs under Super. Ct. Prob. R. 108 are due with the petition and vary by estate value. That is why initial pleadings that open a new Probate Division case remain paper-only even though eFileDC has covered the Probate Division since October 31, 2022. | Super. Ct. Prob. R. 108; dccourts.gov File Online page |
| The publication count is split between sources | D.C. Code § 20-704 now says notice runs once a week for two successive weeks. Rule 206 and the Division's instructions still say three successive weeks in two publications, so follow the publication schedule the Division gives when the notice is prepared. | D.C. Code § 20-704; Super. Ct. Prob. R. 206 |
| Waiver of notice is codified | A person may waive the right to any notice or consent to any matter; the waiver of notice or consent must identify the specific matter, be signed, be filed with the Court and be served on the personal representative, and a revocation has prospective effect only. | D.C. Code § 20-103(f); D.C. Law 25-302, effective March 21, 2025 |
| Tax agencies see the case | The Office of the Attorney General for the District of Columbia and the Office of Tax and Revenue are served with the petition package after acceptance, and the Register of Wills reports every appointment order to the Mayor at least monthly. | D.C. Code § 47-3715; dccourts.gov File Online page |
| Mediation follows a contested track | If a case reaches an Initial Scheduling Conference, it is referred to mediation and attendance is required. | Probate Division Large Decedents' Estates page |
| Domestic partner language is required | District priority and allowance statutes pair a surviving domestic partner with a surviving spouse, including the homestead allowance, exempt property and family allowance. | D.C. Code §§ 20-303, 19-101.02, 19-101.03, 19-101.05 |
Small-estate alternatives
The District's small estate route is a court proceeding, not an affidavit. It is available where the property subject to administration in the District is $80,000 or less for a decedent who died on or after March 21, 2025, under D.C. Code § 20-351 as amended by D.C. Law 25-302. The date-of-death rule currently comes from temporary D.C. Law 26-164. For a death before March 21, 2025, $40,000 remains the ceiling, while $40,000 is also the separate transfer by affidavit ceiling under D.C. Code § 20-361.
| Date of death | Small-estate ceiling | Authority |
|---|---|---|
| On or after March 21, 2025 | $80,000 or less | D.C. Code § 20-351; D.C. Law 25-302; temporary D.C. Law 26-164 |
| April 27, 2001 to March 20, 2025 | $40,000 or less | D.C. Code § 20-351 as it read before D.C. Law 25-302; D.C. Law 13-292 |
| July 1, 1995 to April 26, 2001 | $15,000 or less | Probate Division Small Estates page footnote |
| January 1, 1981 to June 30, 1995 | $10,000 or less | Probate Division Small Estates page footnote |
D.C. Code § 20-352 requires a verified petition stating that the petitioner made a diligent search to discover all property and debts, listing known creditors, and stating any pending legal proceedings involving the decedent. If the Court directs notice, D.C. Code § 20-353 requires one publication and gives creditors and objectors 30 days from the date of publication. The Division's own target is no more than 120 days from filing to final order for a small estate under D.C. Code § 20-351.
Some Court pages still print the superseded $40,000 figure as though it were current. Use D.C. Code § 20-351 and the March 21, 2025 effective date, not the stale web text, for deaths on or after that date. A personal representative appointed in a District small estate is not entitled to a commission; the small-estate page ties attorney compensation to the $1,000 priority cap in D.C. Code § 20-906.
Recent updates
| Date | Change | Authority |
|---|---|---|
| March 21, 2025 | The small-estate ceiling rose from $40,000 to $80,000 for deaths on or after March 21, 2025. The date-of-death rule comes from temporary legislation, and some Court pages still show the old figure. | D.C. Code § 20-351; D.C. Law 25-302; temporary D.C. Law 26-164 |
| March 21, 2025 | The Code renamed standard probate to formal probate, while Super. Ct. Prob. R. 203 and the form set still use the older label. | D.C. Code § 20-321; D.C. Law 25-302 |
| March 21, 2025 | The District added transfer by affidavit for a qualifying $40,000 small asset path with no real-property interest and a 60-day waiting period. | D.C. Code §§ 20-360 to 20-362; D.C. Law 25-302 |
| March 21, 2025 | Family-protection figures changed: homestead allowance $30,000, exempt property $20,000, family allowance $30,000, funeral-expense priority $5,000, and personal representative power to pay funeral expenses up to $15,000. | D.C. Code §§ 19-101.02, 19-101.03, 19-101.05, 20-906, 20-907, 20-741; D.C. Law 25-302 |
| March 21, 2025 | D.C. Code § 15-712(i) added probate-specific fee waiver protection for a personal representative who has a court-granted waiver of fees. | D.C. Code § 15-712; D.C. Law 25-302 |
| March 21, 2025 | The statutory notice-publication period changed to two successive weeks, but Rule 206 and the Division's instructions still describe three successive weeks in two publications. | D.C. Code § 20-704; Super. Ct. Prob. R. 206 |
| August 22, 2022 | The restyled Superior Court Rules of the Probate Division took effect, with the court-cost schedule in Super. Ct. Prob. R. 108 and a top bracket of $11,300.00 for estates over $50,000,000. | Super. Ct. Prob. R. 108, effective August 22, 2022 |
| October 31, 2022 | Probate Division e-filing moved to eFileDC. Represented parties must e-file, self-represented filers may e-file but do not have to, and filings that open a new Probate Division case remain paper-only. | dccourts.gov File Online page; Administrative Order 22-30, Mandatory eFiling Civil, Probate, and Tax Divisions |
| January 1, 2026 | The District estate tax exclusion for a 2026 death is $4,988,400.00, up from $4,873,200 for a 2025 death. | 2026 D-76 Estate Tax Instructions, Revised 10/2025; D.C. Code §§ 47-3701, 47-3702, 47-3705 |
Page last reviewed: September 2026.
Scenarios
| Scenario | Likely District path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with title. If the home passes outside the estate, the probate question is what else the decedent owned in their own name. A small estate under D.C. Code § 20-351 may fit if the property subject to administration is $80,000 or less for a death on or after March 21, 2025. A surviving spouse or surviving domestic partner is in the priority class in D.C. Code § 20-303 and may have homestead allowance, exempt property and family allowance rights under D.C. Code §§ 19-101.02, 19-101.03 and 19-101.05. | Sunset finds accounts and balances so the survivor can tell whether the estate is under the D.C. Code § 20-351 small-estate line, over it, or eligible for transfer by affidavit under D.C. Code § 20-361. |
| Out-of-state adult child with a small estate | If the parent was domiciled in the District, the child uses the District's single Probate Division. If the parent was domiciled elsewhere but owned District property, the route is a foreign estate proceeding under D.C. Code § 20-341, and no District letters of administration issue. If the entire probate estate is $40,000 or less, includes no real-property interest, and at least 60 days have elapsed, transfer by affidavit under D.C. Code § 20-361 may avoid opening an estate. | Sunset assembles the asset picture and probate packet so an out-of-state child can avoid choosing the wrong District path or missing the paper-only opening requirement. |
| Parent settling predeceased child's estate, home must be sold | A solely owned home usually points to a large estate. A parent is behind a surviving spouse or surviving domestic partner, residuary legatees, children and grandchildren in the order of priority under D.C. Code § 20-303, so a lower-priority petition may require formal probate, which the Court's forms still call standard probate, under D.C. Code § 20-321 and Super. Ct. Prob. R. 203. Expect letters of administration under D.C. Code § 20-503, notice under D.C. Code § 20-704, a 6-month creditor period under D.C. Code § 20-903, and court costs under Super. Ct. Prob. R. 108. | Sunset helps locate accounts, mortgages and liens before filing so the estate value, Rule 108 bracket and tax questions are understood before the sale process starts. |
Self-help resources
| Resource | What it offers | How to reach it |
|---|---|---|
| Probate Self-Help Center | Help with wills, small and large estates under D.C. Code § 20-351, guardianship of a minor's estate and adult guardianship. The Center helps users fill out forms online, print them and file them with the Probate Division. | Court Building A, 515 5th Street NW, Room 318, Washington, DC 20001; (202) 508-1681 |
| Probate Legal Assistance Network, known as PLAN | Brief, same-day volunteer attorney advice by appointment on Tuesdays and Wednesdays from 9:15 to 12:30. PLAN is not part of the court and does not provide same-day representation in hearings or help with guardianship or conservatorship. | Legal Counsel for the Elderly, age 60 and over: 202-434-2120. DC Affordable Law Firm: 202-844-5430. D.C. Bar Pro Bono Center: 202-780-2767, [email protected] |
| Court Navigator Program | Physical, process and service navigation for Probate Division participants and others. Navigators give legal information, not legal advice, and can help a filer log in at a remote hearing site. | Court Building B, 510 Fourth Street NW, Room 115, Washington, DC 20001; (202) 508-1672 |
| Probate Forms Help Online | Guided interviews that prepare a Petition for Probate under D.C. Code § 20-304, a Petition for the Administration of a Small Estate under D.C. Code § 20-351, the Verification and Certificate of Notice under D.C. Code § 20-704, a Statement of Account and the confidential information form. It prepares forms; it does not file them. | probono.net/dccourts/probate |
| D.C. Bar Pro Bono Center probate program | The Bar's future planning and probate help for individuals. | dcbar.org/pro-bono/free-legal-help/help-for-individuals/future-planning-probate-program |
| Superior Court Portal | Free public case search covering the Probate Division, searchable by case number or party name, with most case information viewable without registration. | portal-dc.tylertech.cloud/Portal |
| Language access | Probate Division pages are available in English, Spanish, Amharic, Chinese (Traditional), French, Korean and Vietnamese, and interpreters may be requested. | Use the language selector on dccourts.gov. |
When to hire an attorney
A lawyer is not required to file an estate case in the District, and the Probate Division says the court cannot give legal advice. Counsel is especially useful when there is a will irregularity, a lower-priority person or a creditor is petitioning and formal probate applies under D.C. Code § 20-321, the estate includes real property to sell, a bond dispute arises under D.C. Code § 20-502, the District estate tax may be required under D.C. Code § 47-3702, or a contested case is heading to the Initial Scheduling Conference and required mediation. Sunset connects families with a vetted probate attorney.
How Sunset helps in District of Columbia (D.C.)
Find the accounts and assets. Sunset searches for accounts, balances and property clues before the District petition is filed, so the family can decide whether transfer by affidavit under D.C. Code § 20-361, a small estate under D.C. Code § 20-351, or a large estate is the right path.
Generate the probate packet. Sunset organizes the information needed for the District's date-of-death form set, the petition for probate under D.C. Code § 20-304, bond waivers under D.C. Code § 20-502, and the paper-only opening filing.
Find a local probate attorney. If formal probate, a sale, tax, bond or dispute issue appears, Sunset helps connect the family with counsel who understands the Probate Division and the Office of the Register of Wills.
Sunset is free for families. Sunset is built to make estate settlement clearer, from asset discovery through the final closing step, without charging families to use the service.
Frequently asked questions
Where do I file probate in the District of Columbia?
District estates are handled by the Probate Division of the Superior Court of the District of Columbia (D.C. Code § 20-101(b)). The filing office is the Office of the Register of Wills, which is an office inside that Probate Division under D.C. Code § 11-2101. There is one District filing jurisdiction, so the real question is the case type, not which county office to use.
What is the small estate limit in the District of Columbia?
For a decedent who died on or after March 21, 2025, the small-estate ceiling is $80,000 or less under D.C. Code § 20-351, as amended by D.C. Law 25-302. For a death before March 21, 2025, $40,000 remains the ceiling; $40,000 is also the separate transfer by affidavit ceiling under D.C. Code § 20-361. The current date-of-death rule comes from temporary D.C. Law 26-164.
Can I avoid probate in the District of Columbia for a small bank account?
Sometimes. Transfer by affidavit under D.C. Code § 20-361 may work if the entire probate estate is $40,000 or less, includes no interest in real property, at least 60 days have elapsed since death, no personal representative application is pending or granted anywhere, funeral expenses are paid, and all known successors sign. D.C. Code § 20-360 defines the small asset covered by that process.
Do I have to appear before a judge in the District of Columbia?
Usually not for an uncontested abbreviated probate under D.C. Code § 20-311. The petition is reviewed, and a judge signs an order if the filing is accepted. If a case becomes contested and reaches an Initial Scheduling Conference, the Probate Division refers it to mediation and attendance is required.
Can I file probate online in the District of Columbia?
Not the filing that opens the estate. E-filing uses eFileDC and has applied to the Probate Division since October 31, 2022. Represented parties must e-file and self-represented filers may e-file, but initial pleadings that open a new Probate Division case, wills and codicils, bonds, Form 26, Form 27 and fee waivers are paper-only.
How much does probate cost in the District of Columbia?
Court costs are set by Super. Ct. Prob. R. 108, effective August 22, 2022. D.C. Code § 15-707 caps the first two brackets, and Rule 108 assesses the cost on estate value excluding real property, from no charge at $500.00 or less to $11,300.00 over $50,000,000, plus $25.00 once for District real property. The cost is due when the petition is filed, and a fee waiver may apply under D.C. Code § 15-712.
Does the District of Columbia have an estate tax or an inheritance tax?
The District has an estate tax under D.C. Code § 47-3702. For a 2026 death, the exclusion is $4,988,400.00 under the 2026 D-76 Estate Tax Instructions, and the D-76 return and payment are due within 10 months under D.C. Code § 47-3705. The District has no inheritance tax on beneficiaries for deaths on or after April 1, 1987.
How long do creditors have to file a claim against a District of Columbia estate?
In a large or formal estate, creditors have 6 months from first publication of the notice of appointment under D.C. Code § 20-903. In a small estate under D.C. Code § 20-351, D.C. Code § 20-353 gives a 30-day claim period from one publication.
Do I need a bond to be appointed in the District of Columbia?
A bond is required unless the will excuses it or all interested persons waive it in writing. A person with an interest or creditor claim in excess of $1,000 may demand bond under D.C. Code § 20-502, and the premium is charged to the estate.
How do I look up a District of Columbia probate case?
Use the Superior Court Portal. The Court's case search page lists the Portal as covering the Probate Division, and most case information can be viewed without registration. The Division's older pages call the same route Remote Public Access, and a formal records search costs $10.00 under Super. Ct. Prob. R. 108, effective August 22, 2022.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.