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District of Columbia Probate Guide
Pillar GuideDistrict of Columbia13 min read

District of Columbia Probate Guide

How D.C. probate works: the Probate Division, abbreviated and formal probate, the $80,000 small estate, and the 6-month creditor clock.

By Settled Editorial

Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

District of Columbia probate runs through one court. The Probate Division of the Superior Court of the District of Columbia hears every estate in the District, because D.C. Code § 20-101(b) defines "Court" that way for all of Title 20. The Register of Wills is an office inside that Division, not a separate elected officer (D.C. Code § 11-2101). The Register may take the probate of wills and accept fiduciary bonds, subject to the court's approval (D.C. Code § 11-2104).

That single forum is the first thing to know. D.C. is not a state and has no counties, so there is no county court to pick and no local packet that differs from the next one over. Start with the D.C. Probate Division page for where the court sits, then use the Probate Division filing packet page to line up the papers.

Read this guide as a planning map, not a filing packet. Some of the District's probate rules currently read under temporary legislation, and this page flags each one with the date it lapses. Here is how the process fits together.

Why Probate Is Needed in D.C.

A will does nothing on its own in the District. Under D.C. Code § 20-302(a), a will is ineffective to transfer property or to nominate a personal representative unless it is admitted to probate (or recorded for a foreign estate under § 20-341(b)). And under § 20-302(b), nobody may act as personal representative until the court appoints them.

The law also moves the estate in one direction. D.C. Code § 20-105 says all of a decedent's property passes directly to the personal representative at death, who holds legal title for administration and distribution. That includes real estate. So a D.C. rowhouse in the decedent's sole name usually needs an appointed personal representative before anyone can sell it or deed it to an heir.

Two early duties follow from this:

  • Deliver the original will. Anyone holding a will who willfully neglects for 90 days after learning of the death to deliver it to the court, the Register of Wills, or the named executor can be fined up to $500 (D.C. Code § 18-111).
  • Sort probate property from nonprobate property. Joint accounts with survivorship, payable-on-death accounts, a recorded transfer-on-death deed, and trust assets pass outside the estate. The ways to avoid probate in D.C. guide covers each one.

For the first week after a death, the first steps after a death in D.C. checklist lists what to gather before anyone files.

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Who Can Serve as Personal Representative

The court appoints by a fixed order of priority in D.C. Code § 20-303(a). The person named in a will admitted to probate comes first. Next come the surviving spouse, domestic partner, or children of a person who died without a will, or the surviving spouse or domestic partner of a person who left one. After them come the residuary legatees, the children of a testate decedent, grandchildren, parents, brothers and sisters, next of kin, other relations, the largest creditor who applies, and finally any other person.

Section 20-303(b) excludes some people outright, including anyone under 18. A nonresident of the District may serve only after filing an irrevocable power of attorney with the Register naming the Register to receive notices and process for the estate (§ 20-303(b)(7)). Heirs or legatees may also nominate someone in writing (§ 20-303(c-1)).

The personal representative duties guide covers what the job involves once letters issue. If there is no will, the D.C. intestate succession guide explains who inherits.

The Three Ways to Open a D.C. Estate

D.C. Code § 20-301 lists three ways probate can occur. Each one starts with a petition by an interested person.

Abbreviated Probate

Abbreviated probate is the usual path for an uncontested estate. It is a proceeding to probate a will or determine intestacy and appoint a personal representative, it starts when an interested person files a petition with the court, and it may run without the prior notice that formal probate requires (D.C. Code § 20-311(a), as amended by D.C. Law 26-164, a temporary act effective until March 27, 2027).

On that petition, the court or the Register of Wills appoints one or more personal representatives. Due execution of the will is presumed when the will carries an attestation recital or a verified statement from someone with personal knowledge of the signing. The Register may require additional verified proof and may refer the matter to the court (D.C. Code § 20-312, as amended by D.C. Law 26-164, a temporary act effective until March 27, 2027).

An abbreviated probate is not fully settled on day one. Under D.C. Code § 20-331(a), it shall be set aside if an interested person requests formal probate within 6 months after the published notice of appointment.

Formal Probate

Formal probate runs after notice to interested persons, and it fits a case where due execution of a will cannot be presumed (D.C. Code § 20-321). D.C. Law 25-302 renamed this track, which older pages still call "standard probate." Formal probate is mandatory under D.C. Code § 20-322 when, before abbreviated probate:

  • an interested person or creditor asks for it, or
  • the court finds the abbreviated petition materially incomplete or incorrect.

Small Estate Proceeding

When the decedent's property subject to administration in the District is worth $80,000 or less, it may be administered as a small estate (D.C. Code § 20-351). D.C. Law 25-302 raised that figure from $40,000, and many pages still print the old number. Real estate counts toward the $80,000, because all property passes to the personal representative under § 20-105. Notice runs once, and claims and objections are due 30 days after publication (D.C. Code § 20-353(b)).

The District also allows a no-court affidavit for a probate estate of $40,000 or less, net of liens, with no interest in real property, at least 60 days after the death, signed by all known successors (D.C. Code § 20-361(a), as amended by D.C. Law 26-164, a temporary act effective until March 27, 2027).

One more detail on dates. D.C. Law 26-164 keys the 2025 small-estate figures to estates of people who died on or after March 21, 2025, and that clause is itself temporary text (D.C. Law 26-164, § 3, a temporary act effective until March 27, 2027). For an earlier death, confirm the figure with the Register of Wills. The $80,000 small estate proceeding guide walks through both small routes.

Supervised or Unsupervised Administration

Supervision is a separate question from which probate track opened the estate. Under D.C. Code § 20-312(a), the appointment of a personal representative is an order for unsupervised administration unless the order provides for supervision (as amended by D.C. Law 26-164, a temporary act effective until March 27, 2027). D.C. Code § 20-406 confirms that an unsupervised personal representative is not subject to continuing court supervision.

Here is what that difference means day to day, per D.C. Code § 20-401:

UnsupervisedSupervised
Court roleSteps in on a filing failure or a narrow question raised by the personal representative or an interested personA single in rem proceeding under the court's continuing authority
InventoryDelivered or mailed to interested persons within 3 months after appointment (§ 20-713.01(a))Filed with the court
AccountsSent to interested persons, with 60 days to object (§ 20-735)Within one year and one day of first publication, then every 9 months (§ 20-724(a))
ClosingVerified Certificate of Completion (§ 20-735)Court order approving distribution and discharge (§ 20-401(a))

Any interested person who wants more oversight can petition the court to impose supervision, and the mailed notice must say so (§ 20-704(b)(4)).

Notice and the Creditor Clock

The most important D.C. deadline runs from publication, not from death. Within 20 days after appointment, the personal representative publishes a notice of appointment in a legal periodical or newspaper of general circulation in the District, once a week for 2 successive weeks (D.C. Code § 20-704(a), as amended by D.C. Law 26-164, a temporary act effective until March 27, 2027). Within the same 20 days, the personal representative mails the notice and a court information form by registered or certified mail to heirs, legatees, and known creditors, and certifies those mailings to the Register within 90 days after appointment.

Then the clocks start:

  • Creditor claims. Claims are barred unless presented within 6 months after the date of first publication (D.C. Code § 20-903(a)). Recorded liens and mortgages are not affected (§ 20-903(b)).
  • Will contests. A verified complaint to contest a will is due within 6 months following the published notice of appointment (D.C. Code § 20-305), except in a small estate.

The District of Columbia probate timeline lays these dates out in order.

Bond, Costs, and Compensation

Bond. Each personal representative gives a bond to the District with a court-approved surety unless the will or a written waiver of all interested persons excuses it (D.C. Code § 20-502(a)). Anyone with an interest or a claim worth more than $1,000 may demand a bond (§ 20-502(a-1)). Bond premiums come out of the estate (§ 20-502(f)).

Court costs. The D.C. Code sections this guide relies on do not set the Probate Division's filing charges, and we have not verified the court's own schedule, so this guide quotes no court-cost figure. Confirm the current charge with the Register of Wills before filing. Two statutory points do hold: a court can waive fees for a litigant who qualifies under D.C. Code § 15-712(a), and the Probate Division may not require court costs on behalf of an estate while a fee-waived litigant serves as personal representative, or after the estate closes (§ 15-712(i)).

Other costs. Publication charges, a bond premium, appraisals, and professional fees are separate. The Recorder of Deeds charges $25 to record a document that is not a mortgage or deed of trust, plus a $5.00 surcharge, and DC Health charges $18 for a death certificate.

Personal representative pay. The District sets no percentage. A personal representative "is entitled to reasonable compensation for services" and may renounce all or part of it (D.C. Code § 20-751).

Closing the Estate

In an unsupervised estate, the personal representative closes by filing a verified Certificate of Completion, and never before the time for creditor claims has run (D.C. Code § 20-735(a)). The certificate states that every interested person received a copy of the account with notice of a 60-day right to object, that the account was accepted or drew no written objection, that distribution followed the account, and that known claims and administration expenses are paid or provided for.

Taxes can run past the probate file. The District has its own estate tax. For 2026 deaths, the exclusion is $4,988,400, per the Office of Tax and Revenue's 2026 D-76 instructions, and a return is due within 10 months after death when the gross estate exceeds $1 million or that zero bracket amount, whichever is higher (D.C. Code § 47-3705(a)). There is no D.C. inheritance tax for current deaths, because the estate tax chapter covers deaths on or after April 1, 1987 (D.C. Code § 47-3701(2)).

Property Here, Decedent Elsewhere

Many D.C. estates belong to people who lived in Maryland or Virginia. A foreign personal representative of a nondomiciliary does not need D.C. letters for any purpose (D.C. Code § 20-341(a)), but must file an authenticated copy of the appointment and any will with the Register when the estate holds property in the District (§ 20-341(b)). The out-of-state decedent with D.C. property guide covers that route.

When to Get Legal Help

Many families handle a simple D.C. estate on their own, and the handling probate without a lawyer guide covers the self-help route. Talk with a District of Columbia probate attorney when:

  • someone requests formal probate or plans to contest the will
  • the estate may not cover its debts
  • heirs disagree about who should serve or how to divide a house
  • the decedent owned a business, faced a lawsuit, or left an estate near the District estate tax exclusion

A Filing Sequence to Plan Around

  1. Find the original will and deliver it within 90 days of learning of the death.
  2. Order certified death certificates and list accounts, deeds, titles, and debts.
  3. Decide between the affidavit, a small estate proceeding, and abbreviated or formal probate.
  4. File the petition with the Probate Division and receive letters.
  5. Publish notice within 20 days, mail notices, and certify them to the Register.
  6. Deliver the inventory within 3 months if unsupervised, then track the 6-month creditor bar.
  7. Send the account, wait out the 60-day objection window, distribute, and file the Certificate of Completion.

Confirm every date and figure with the Register of Wills before you act. This guide is general information about District of Columbia estates. It is not legal advice.

Sources:

It is not legal advice.

Information current as of October 5, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in District of Columbia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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