District of Columbia Probate Cost: Court Fees, Limits and Other Costs
Settled Estate lists court filing fees and timelines for 4 District of Columbia probate procedures. The cheapest published route starts at $0 for small-asset affidavit. Last verified October 2026.
D.C. probate fees are set by the Superior Court within limits the D.C. Code fixes for the smallest estates. The no-court affidavit costs nothing to file, and most of what a family spends goes to notices, deeds, bonds and professionals.
The District has one probate court, the Probate Division of the Superior Court, and its fees are paid to the Register of Wills. The Code sets the outer limits for small estates: "Where the estate does not exceed $500 in value the Register of Wills shall receive no fees, and where the estate does not exceed $2,500 in value the fees may not exceed $15" (D.C. Code § 15-707(b)). Above $2,500 the amount comes from the fee schedule the court sets under § 15-707(a). That schedule is published only on the court's website, which our reader could not open, so this page gives no dollar figure for it. Ask the Register of Wills for the current amount before filing.
Two routes cost less. The no-court affidavit for an estate of $40,000 or less with no real estate (D.C. Code § 20-361) is handed to the bank or other holder and never filed, so it carries no court fee. The court small estates proceeding for property subject to administration in the District of $80,000 or less (§ 20-351) needs no attorney and no bond, and its personal representative takes no commission (§ 20-354(a)). A court must waive fees for a person who receives listed public benefits such as Medicaid, SNAP or SSI, whose income is at or below 200% of the federal poverty guidelines, or who has free legal-services counsel (§ 15-712(a)).
D.C. sets no percentage fee for the personal representative or the attorney. A personal representative is entitled to "reasonable compensation for services" (D.C. Code § 20-751), so no figure for either is estimated here. The District also has its own estate tax, but only for an estate above $4,988,400 for 2026 deaths, and no inheritance tax.
Quick Summary
- Small-asset affidavit
- $0Never filed. Estate of $40,000 or less, no real estate (D.C. Code § 20-361)
- Most the Register can charge up to $2,500
- $15No fee at all up to $500 (D.C. Code § 15-707(b))
- Certified death certificate
- $18Per copy from DC Health Vital Records
- Personal representative fee
- ReasonableNo percentage schedule (D.C. Code § 20-751)
There is no cheaper place to file. The District has no counties and one probate court, the Probate Division of the Superior Court (D.C. Code § 20-101(b)), so every estate pays the same court-set fees to the same Register of Wills. Recording fees are also District-wide, set by the Office of Tax and Revenue's Recorder of Deeds. The one cost that varies is the legal periodical or newspaper that prints the notice of appointment.
Typical Total Cost Ranges
Estimate your district’s exact feesAffidavit: $30,000 in bank accounts and a car, no real estate
$0 in court fees. Budget $18 for each certified death certificate, and wait 60 days after the death
Small estates proceeding, $2,000 estate
At most $15 in court fees (D.C. Code § 15-707(b)), no attorney or bond required, and no commission for the personal representative
Small estates proceeding, $75,000 estate with a small D.C. property
Court fees from the Superior Court schedule, which we could not read, plus $18 death certificates and $25 plus a $5 surcharge to record the deed
Abbreviated probate, $400,000 estate with a house
Court fees from the Superior Court schedule, two weeks of published notice, any bond premium, deed recording, death certificates and reasonable professional fees; no D.C. estate tax below the $4,988,400 zero bracket for 2026 deaths
Personal representative fee
Reasonable under D.C. Code § 20-751, with no percentage; no dollar figure is estimated
Probate Cost by Procedure
Swipe sideways to see the full table.
| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Payment of Small Assets by Affidavit | Whole probate estate of $40,000 or less, net of liens, with no real estate (D.C. Code § 20-361) | $0. It is presented to the holder of the asset and never filed | Usable 60 days after the death | No | Bank accounts, a vehicle and belongings when every successor agrees and there is no real estate |
| Small Estates Proceeding | Property subject to administration in D.C. of $80,000 or less, real estate included (D.C. Code § 20-351) | No fee up to $500 and at most $15 up to $2,500 (D.C. Code § 15-707(b)); above that, the Superior Court schedule, which we could not read | If the court directs notice, claims and objections are due 30 days after it is published (§ 20-353(b)) | No. The personal representative needs no attorney and gives no bond (§ 20-354(a)) | A modest estate that holds real estate or is over the affidavit limit |
| Abbreviated Probate Proceeding | Any estate. The ordinary route above the small-estate figures | Set by the Superior Court schedule (D.C. Code § 15-707(a)), which we could not read; confirm with the Register of Wills | Creditor claims close 6 months after the first published notice of appointment (§ 20-903(a)) | No requirement in the D.C. Code sections read for this page | An estate the family agrees on, with a will nobody questions |
| Formal Probate Proceeding | Any estate | Set by the Superior Court schedule (D.C. Code § 15-707(a)), which we could not read | Longer than abbreviated probate because notice comes first; the same 6-month creditor period applies | No requirement in the D.C. Code sections read, and common because the proceeding is often contested | A will whose execution is in doubt, or a family that wants notice before the court acts |
Additional Costs to Expect
Court Fees Paid to the Register of Wills
The Superior Court sets probate fees under D.C. Code § 15-707(a), within the § 15-707(b) limits for estates of $2,500 or less. When a petition is filed, the Register of Wills may ask for a deposit toward its fees, but never more than $15 at any one time (§ 15-708). The schedule for larger estates is published only on the court's website, which our reader could not open, so ask the Register of Wills for the current amount.
$0 up to $500; at most $15 up to $2,500; above that, the court-set schedule
Fee Waiver
A D.C. court must waive fees and costs in full for a person who receives listed public benefits such as Medicaid, SNAP, SSI, SSDI or TANF, whose income is at or below 200% of the federal poverty guidelines, or who has free counsel from a legal services organization, and may waive them in full or in part for "substantial hardship" (D.C. Code § 15-712(a)). While a fee-waived personal representative serves, the Probate Division may not require court costs on behalf of the estate (§ 15-712(i)).
Full waiver for listed benefits or low income
Personal Representative Compensation
A personal representative is entitled to "reasonable compensation for services" (D.C. Code § 20-751), except as the court orders for good cause for a supervised personal representative or a special administrator. A personal representative may renounce all or part of it. One appointed in a small estates proceeding takes no commission (§ 20-354(a)).
Reasonable, with no D.C. percentage and no dollar figure estimated here
Attorney Fees
The D.C. Code sections read for this page set no percentage or schedule for probate attorney fees, and a small estates personal representative need not be represented by an attorney (D.C. Code § 20-354(a)). In an estate that cannot pay every claim, fiduciary and attorney fees rank third in the order of payment, up to $1,000 (§ 20-906(a)). Ask any attorney for a written fee agreement.
Set by agreement; no D.C. percentage and no dollar figure estimated here
Publishing the Notice of Appointment
Within 20 days after appointment, the personal representative publishes notice once a week for 2 successive weeks (D.C. Code § 20-704(a)), which starts the 6-month creditor period. The legal periodical or newspaper sets the price. The newspaper option rests on temporary text (§ 20-704(a), as amended by D.C. Law 26-164, a temporary act effective until March 27, 2027); the permanent text names a legal periodical only.
Set by the periodical
Bond Premium
A personal representative gives bond unless the will or a written waiver of interested persons excuses it, and a person with an interest worth more than $1,000, or a creditor with a claim over $1,000, may demand one (D.C. Code § 20-502). The surety sets the premium. A small estates personal representative gives no bond (§ 20-354(a)).
Set by the surety, and often excused
Certified Death Certificates
DC Health's Vital Records Division charges $18.00 for each certified copy. Banks, the DMV, the Probate Division and the Recorder of Deeds each want one, and the small-asset affidavit needs one attached. Online and phone orders may add vendor and shipping charges.
$18 per certified copy
Recording a Deed
The Office of Tax and Revenue's Recorder of Deeds charges $25 to record a document other than a deed of trust or mortgage ($150 for those), plus a $5.00 per-document surcharge (D.C. Code § 42-1211(a)). Copies cost $2.25 per page and certified copies $2.25 per document. A deed recorded more than 30 days after it is signed and notarized carries a $250 penalty (§ 47-1433(c)). Recordation and transfer tax rates were not read for this page.
$25 per document plus a $5 surcharge
Funeral Expenses in an Estate Short of Money
If the estate cannot pay every claim, funeral expenses rank second, after court costs, publication costs and bond premiums, up to $5,000 (D.C. Code § 20-906(a)). The court may allow more, but never above $15,000 (§ 20-907).
Up to $5,000 ahead of most claims
Taxes
The District has its own estate tax and no inheritance tax for deaths after March 31, 1987. A D.C. return is required only when the gross estate exceeds the higher of $1 million or the zero bracket amount, $4,988,400 for 2026 deaths, and is due with the tax 10 months after the death (D.C. Code § 47-3705). The zero bracket is indexed each January. The tax is paid to the Office of Tax and Revenue, not the court.
No inheritance tax; D.C. estate tax only above $4,988,400 for 2026 deaths
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The District of Columbia Medicaid estate recovery guide explains when that applies.