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District of Columbia Probate Guide

District-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in District of Columbia.

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Superior Court of the District of Columbia, Probate Division: filing contacts, fees and forms →
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Types of Probate in District of Columbia

The District of Columbia has no counties and one probate court: every estate that needs a court goes to the Probate Division of the Superior Court of the District of Columbia (D.C. Code § 20-101(b)), where the Register of Wills takes the probate of wills. D.C. Code § 20-301 names three ways to open an estate: abbreviated probate, which may go ahead without prior notice; formal probate, conducted after notice; and a small estates proceeding for property in the District worth $80,000 or less, real estate included (§ 20-351). Beside them a no-court affidavit covers a whole probate estate of $40,000 or less with no real estate, 60 days after the death (§ 20-361). Both figures apply to deaths on or after March 21, 2025, under D.C. Law 26-164, a temporary act effective until March 27, 2027.

See the full comparison of District of Columbia probate typesWhich procedures exist, who qualifies, and how the timelines compare.
Not sure which applies? Take the assessment →

District of Columbia Probate Filing Office

One court hears every estate in District of Columbia: Superior Court of the District of Columbia, Probate Division. Its page has the probate court contacts, filing fees, and required forms.

Find a probate attorney in District of Columbia

Browse your state bar's certified referral directory.

D.C. Bar: Hiring a Lawyer (lawyer referral services)

Settled Estate is not a law firm and does not give legal advice.

District of Columbia Probate Guides

View all guides
District of Columbia Probate Guide
DCOct 5, 2026

District of Columbia Probate Guide

How to Avoid Probate in the District of Columbia
DCOct 5, 2026

How to Avoid Probate in the District of Columbia

District of Columbia Probate Timeline
DCOct 5, 2026

District of Columbia Probate Timeline

District of Columbia Executor Duties
DCOct 5, 2026

District of Columbia Executor Duties

District of Columbia Advance Directive
DCOct 5, 2026

District of Columbia Advance Directive

District of Columbia Ancillary Probate
DCOct 5, 2026

District of Columbia Ancillary Probate

Browse District of Columbia guide topics

Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.

Probate Basics

5

Forms & Court

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Executor Duties

4

Taxes & Deadlines

7

Planning Documents

8

Property Transfer

2

Avoiding Probate

2
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District of Columbia Probate Self-Help and Online Resources

District of Columbia Estate Law Overview

District of Columbia Estate Tax Info

Most D.C. estates owe no D.C. estate tax and need no D.C. return, because a return is required only when the gross estate exceeds the higher of $1 million or the zero bracket amount.

Yes
State Estate Tax
No
Inheritance Tax
Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Intestate succession decides who receives a D.C. resident's probate property when there is no valid will, and who receives the decedent's D.C. real estate.

View spouse inheritance rules
No descendant and no parent of the decedent survives100%

The entire intestate estate (§ 19-302(1)).

Every surviving descendant of the decedent is also a descendant of the surviving spouse, and the spouse has no other surviving descendant2/3

Two-thirds of any balance of the intestate estate (§ 19-302(2)).

No descendant survives, but a parent of the decedent does3/4

Three-fourths of any balance of the intestate estate (§ 19-302(3)).

Every surviving descendant of the decedent is also the spouse's, but the spouse has one or more surviving descendants who are not the decedent's1/2

One-half of any balance of the intestate estate (§ 19-302(4)).

One or more of the decedent's surviving descendants are not descendants of the surviving spouse1/2

One-half of any balance of the intestate estate (§ 19-302(5)).

View order of inheritance (no spouse)
  1. 1Children and their descendantsEqually among children; descendants of a deceased child take that child's share
  2. 2Father and motherWhen there is no child or descendant, the whole is divided equally between the father and mother, or goes to the survivor
  3. 3Brothers and sisters and their descendantsWhen there is no child, descendant, father or mother, the brothers and sisters take equal shares and the children or descendants of a deceased brother or sister stand in that sibling's place
  4. 4Collateral relations in equal degreeAfter the above, all collateral relations in equal degree share, and representation among the collaterals is NOT allowed
  5. 5GrandparentsThe grandparents, or those who survive, share alike where there are no collaterals

District of Columbia Homestead Protection

D.C. has no constitutional homestead and no rule restricting how a home may be left by will. In probate, the surviving spouse or domestic partner (or, if none, the minor and dependent children) takes a $30,000 HOMESTEAD ALLOWANCE in money or property, which is a fixed estate allowance, not a protection of the house itself. Separately, a living debtor's residence is exempt from execution with no stated dollar cap, subject to mortgages and liens.

Exempt Property

D.C. gives a deceased domiciliary's surviving spouse or domestic partner and children three Uniform-Probate-Code-style allowances that come out ahead of most creditors: a $30,000 homestead allowance, up to $20,000 of exempt property, and a reasonable family allowance during administration that the personal representative may pay as a lump sum of up to $30,000. They apply only to a decedent who died domiciled in D.C. (§ 19-101.01).

Family Allowance

reasonable - The surviving spouse or domestic partner, minor children the decedent was obliged to support, and children the decedent was in fact supporting are entitled to a reasonable allowance in money for their maintenance during administration. The personal representative may pay it as a lump sum not exceeding $30,000 in cash or personal property, as the spouse or partner elects; an aggrieved person may petition the court for a different allowance (§ 19-101.05(a)). Priority over all claims except the homestead allowance and as § 20-906 provides. It ends for a person who dies before it is paid.

District of Columbia Probate Questions

How much does probate cost in District of Columbia?
District of Columbia probate costs start with the Superior Court of the District of Columbia, Probate Division, which hears every estate in District of Columbia. Typical costs include the court filing fee plus certified copy fees, publication notice fees where notice is required, and potential bond premiums. Verify current fees with the court before filing.
How long does probate take in District of Columbia?
It depends on the route, and the D.C. Code sets the floors. In abbreviated or formal probate the personal representative publishes notice of the appointment within 20 days, once a week for 2 successive weeks, and creditor claims are barred 6 months after the first publication, not after the death (D.C. Code §§ 20-704(a), 20-903(a)). An unsupervised estate then closes by a verified Certificate of Completion once interested persons have had 60 days to object to the account (§ 20-735). A supervised estate files its first account within one year and one day of the first publication (§ 20-724(a)). In a small estates proceeding, if the court directs notice, claims and objections close 30 days after it is published (§ 20-353(b)). The no-court affidavit can be used 60 days after the death. Settled does not publish a month range for the District because no official D.C. source states one.
Do I need an attorney for probate in District of Columbia?
The D.C. Code does not require a lawyer for probate, and a personal representative in a small estates proceeding need not be represented by an attorney at all (D.C. Code § 20-354(a)). The Probate Self-Help Center, 515 5th Street, NW, Room 318, gives free help with wills, small and large estates and adult guardianship. Counsel is usual once there is a contested will, a formal probate proceeding, real estate to sell or a claim in dispute. A personal representative is entitled to reasonable compensation with no statutory percentage (§ 20-751), and the court may review any fee on an interested person's petition (§ 20-753). One D.C. point is worth advice before relying on a shortcut: any interest in real property closes the $40,000 affidavit at any value, so a house needs a transfer on death deed recorded before the death, survivorship ownership, or a court proceeding.
Are these District of Columbia probate resources district-specific?
No. This map shows state-level source links from Settled data. Use it with the District of Columbia district page and the district office handling the estate before filing.
Which District of Columbia source should I use first?
Start with the official court, form, or agency source for the task, then confirm local requirements with the district filing office, clerk, register, or office that accepts the filing.
Does the District of Columbia Probate Resource Map replace attorney review?
No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.