D.C. Probate Types: Abbreviated, Formal and Small Estates

The District sorts estates by whether anyone needs notice before the court acts, and by size. Most estates open by abbreviated probate, a contested or doubtful will goes to formal probate, and two small-estate routes cover estates of $80,000 and $40,000 or less.

Compare eligibility, timing, court involvement, and local verification points

How to Compare District of Columbia Probate Types

One court hears every D.C. estate. The District has no counties, and D.C. Code § 20-101(b) defines the court as the Probate Division of the Superior Court of the District of Columbia. The Register of Wills, an office within the Probate Division, takes the probate of wills and accepts bonds subject to court approval, approves or rejects claims of $300 or less, and audits and states fiduciary accounts (D.C. Code § 11-2104(a)).

D.C. Code § 20-301 says probate may occur in one of three ways. An abbreviated probate proceeding starts on a petition and may go ahead without prior notice (§ 20-311). A formal probate proceeding is conducted after notice, and is used particularly when due execution of a will cannot be presumed (§§ 20-321, 20-322). A small estates proceeding handles an estate whose property subject to administration in the District is $80,000 or less, real estate included (§ 20-351). Beside them sits a no-court affidavit for small assets, available when the whole probate estate is $40,000 or less with no real estate (§ 20-361).

Formal probate and supervised administration are different things. Whichever proceeding opens the estate, the appointment is for unsupervised administration unless the court orders otherwise (§ 20-312(a), §§ 20-401, 20-406). An unsupervised personal representative sends the inventory to interested persons and closes with a Certificate of Completion; a supervised one files the inventory and accounts with the court. The $80,000 and $40,000 figures apply to deaths on or after March 21, 2025, under a clause in D.C. Law 26-164, a temporary act effective until March 27, 2027.

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Simplified Path vs Formal Path at a Glance

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Category	Simplified Path	Formal Path	Winner
How it starts	A petition; the court may act without prior notice (§ 20-311)	A proceeding conducted after notice (§§ 20-321, 20-323)	Simplified Path
When it is required	The default when no one asks for formal probate	When an interested person or creditor asks for it, the petition looks materially incomplete or incorrect, or due execution of the will cannot be presumed (§§ 20-321, 20-322)	Tie
Can it be undone	Set aside if formal probate is requested within 6 months after notice of appointment (§ 20-331(a))	Reopened within 6 months after notice of appointment only on narrower grounds: no notice and no actual notice, "a material mistake or substantial irregularity", or a later will the proponent could not have known about (§ 20-331(b))	Formal Path
Court supervision	Unsupervised unless the court orders otherwise (§ 20-312(a))	Also unsupervised unless the court orders otherwise (§ 20-401)	Tie
Creditor window	6 months from first publication of the notice of appointment (§ 20-903(a))	The same 6 months	Tie
Court fee	Superior Court schedule; none up to $500 and at most $15 up to $2,500 (§ 15-707(b))	The same schedule and limits	Tie
Best fit	An agreed family and a will nobody questions	A will whose execution is in doubt, or a family that wants notice before the court acts	Tie

How it starts

Simplified Path

Simplified Path: A petition; the court may act without prior notice (§ 20-311)

Formal Path: A proceeding conducted after notice (§§ 20-321, 20-323)

When it is required

Tie

Simplified Path: The default when no one asks for formal probate

Formal Path: When an interested person or creditor asks for it, the petition looks materially incomplete or incorrect, or due execution of the will cannot be presumed (§§ 20-321, 20-322)

Can it be undone

Formal Path

Simplified Path: Set aside if formal probate is requested within 6 months after notice of appointment (§ 20-331(a))

Formal Path: Reopened within 6 months after notice of appointment only on narrower grounds: no notice and no actual notice, "a material mistake or substantial irregularity", or a later will the proponent could not have known about (§ 20-331(b))

Court supervision

Tie

Simplified Path: Unsupervised unless the court orders otherwise (§ 20-312(a))

Formal Path: Also unsupervised unless the court orders otherwise (§ 20-401)

Creditor window

Tie

Simplified Path: 6 months from first publication of the notice of appointment (§ 20-903(a))

Formal Path: The same 6 months

Court fee

Tie

Simplified Path: Superior Court schedule; none up to $500 and at most $15 up to $2,500 (§ 15-707(b))

Formal Path: The same schedule and limits

Best fit

Tie

Simplified Path: An agreed family and a will nobody questions

Formal Path: A will whose execution is in doubt, or a family that wants notice before the court acts

Main District of Columbia Probate Options

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Probate Type	Threshold	Filing Fee	Timeline	Real Estate	Attorney	Best For
Abbreviated Probate Proceeding D.C. Code §§ 20-311, 20-312, 20-331	No dollar threshold. The ordinary way to open an estate of any size when no one needs notice before the court acts.	Set by the Superior Court schedule (D.C. Code § 15-707(a)), which we could not read; no fee where the estate does not exceed $500 and at most $15 where it does not exceed $2,500 (§ 15-707(b))	Creditor claims are barred 6 months after the first publication of the notice of appointment (§ 20-903(a)). An unsupervised estate closes by a verified Certificate of Completion, never before that period ends and only after interested persons have had 60 days to object to the account (§ 20-735)	Yes. All property, real estate included, passes to the personal representative (§ 20-105)	No requirement in the D.C. Code sections read for this page	An estate over the small-estate figures where the family agrees on the will and on who should serve
Formal Probate Proceeding D.C. Code §§ 20-321, 20-322, 20-323	No dollar threshold. Used particularly when due execution of a will cannot be presumed.	Set by the Superior Court schedule (D.C. Code § 15-707(a)), which we could not read	Longer than abbreviated probate because notice comes before the court acts; the same 6-month creditor period from first publication applies (§ 20-903(a))	Yes	No requirement in the D.C. Code sections read, and common because the proceeding is often contested	A will whose execution is in doubt, a challenged appointment, or a family that wants notice before the court rules
Small Estates Proceeding D.C. Code §§ 20-351 to 20-356	$80,000 or less of property subject to administration in the District, D.C. real estate included, for a death on or after March 21, 2025 (§ 20-351). For an earlier death the figure is $40,000.	No fee where the estate does not exceed $500, at most $15 where it does not exceed $2,500 (D.C. Code § 15-707(b)); above that, the Superior Court schedule	Shorter than abbreviated probate: when notice is directed, claims and objections close 30 days after it is published (§ 20-353(b))	Yes. D.C. real estate counts toward the $80,000 figure	No. The small-estate personal representative need not be represented by an attorney, gives no bond and takes no commission (§ 20-354(a))	A modest estate, including one with a small D.C. property, that is over the affidavit limit or holds real estate
Payment of Small Assets by Affidavit D.C. Code § 20-361	$40,000 or less for the whole probate estate, wherever located, less liens and encumbrances, and worth more than its known debts, for a death on or after March 21, 2025. Any interest in real property closes the route (§ 20-361(a)(1)).	$0. It is never filed with the court	Usable 60 days after the death	No. Any interest in real property disqualifies the affidavit at any value	No	Bank accounts, a vehicle and belongings in an estate with no real estate, when every successor agrees

Abbreviated Probate Proceeding

D.C. Code §§ 20-311, 20-312, 20-331

An estate over the small-estate figures where the family agrees on the will and on who should serve

Threshold: No dollar threshold. The ordinary way to open an estate of any size when no one needs notice before the court acts.

Filing Fee: Set by the Superior Court schedule (D.C. Code § 15-707(a)), which we could not read; no fee where the estate does not exceed $500 and at most $15 where it does not exceed $2,500 (§ 15-707(b))

Timeline: Creditor claims are barred 6 months after the first publication of the notice of appointment (§ 20-903(a)). An unsupervised estate closes by a verified Certificate of Completion, never before that period ends and only after interested persons have had 60 days to object to the account (§ 20-735)

Real Estate: Yes. All property, real estate included, passes to the personal representative (§ 20-105)

Attorney: No requirement in the D.C. Code sections read for this page

Formal Probate Proceeding

D.C. Code §§ 20-321, 20-322, 20-323

A will whose execution is in doubt, a challenged appointment, or a family that wants notice before the court rules

Threshold: No dollar threshold. Used particularly when due execution of a will cannot be presumed.

Filing Fee: Set by the Superior Court schedule (D.C. Code § 15-707(a)), which we could not read

Timeline: Longer than abbreviated probate because notice comes before the court acts; the same 6-month creditor period from first publication applies (§ 20-903(a))

Real Estate: Yes

Attorney: No requirement in the D.C. Code sections read, and common because the proceeding is often contested

Small Estates Proceeding

D.C. Code §§ 20-351 to 20-356

A modest estate, including one with a small D.C. property, that is over the affidavit limit or holds real estate

Threshold: $80,000 or less of property subject to administration in the District, D.C. real estate included, for a death on or after March 21, 2025 (§ 20-351). For an earlier death the figure is $40,000.

Filing Fee: No fee where the estate does not exceed $500, at most $15 where it does not exceed $2,500 (D.C. Code § 15-707(b)); above that, the Superior Court schedule

Timeline: Shorter than abbreviated probate: when notice is directed, claims and objections close 30 days after it is published (§ 20-353(b))

Real Estate: Yes. D.C. real estate counts toward the $80,000 figure

Attorney: No. The small-estate personal representative need not be represented by an attorney, gives no bond and takes no commission (§ 20-354(a))

Payment of Small Assets by Affidavit

D.C. Code § 20-361

Bank accounts, a vehicle and belongings in an estate with no real estate, when every successor agrees

Threshold: $40,000 or less for the whole probate estate, wherever located, less liens and encumbrances, and worth more than its known debts, for a death on or after March 21, 2025. Any interest in real property closes the route (§ 20-361(a)(1)).

Filing Fee: $0. It is never filed with the court

Timeline: Usable 60 days after the death

Real Estate: No. Any interest in real property disqualifies the affidavit at any value

Attorney: No

* D.C. probate fees are set by the Superior Court under D.C. Code § 15-707(a), within two limits the Code fixes: the Register of Wills receives no fee where the estate does not exceed $500, and no more than $15 where it does not exceed $2,500 (§ 15-707(b)). A deposit toward the Register's fees may not exceed $15 at any one time (§ 15-708). Above $2,500 the amount comes from the court's own schedule, which is published only on dccourts.gov and which we could not read, so no figure is given here. A court must waive fees for a person on listed public benefits or at or below 200% of the federal poverty guidelines (§ 15-712(a)). The affidavit carries no court fee because it is never filed.

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Frequently Asked Questions

What are the main D.C. probate types?

D.C. Code § 20-301 names three ways to open an estate: an abbreviated probate proceeding (§ 20-311), a formal probate proceeding conducted after notice (§§ 20-321, 20-322), and a small estates proceeding for property subject to administration in the District of $80,000 or less (§ 20-351). Beside them, a no-court affidavit under § 20-361 lets successors collect small assets from an estate of $40,000 or less with no real estate.

Which court handles probate in D.C.?

The Probate Division of the Superior Court of the District of Columbia (D.C. Code § 20-101(b)). The District has no counties and no other probate court. The Register of Wills, an office within the Probate Division, takes the probate of wills, accepts bonds subject to court approval, approves or rejects claims of $300 or less, and audits fiduciary accounts (§ 11-2104(a)).

What is the difference between abbreviated and formal probate in D.C.?

Notice. Abbreviated probate may go ahead on the petition without the prior notice formal probate requires (§ 20-311), and is set aside if an interested person asks for formal probate within 6 months after notice of the appointment (§ 20-331(a)). Formal probate is conducted after notice under § 20-323 and is used particularly when due execution of a will cannot be presumed (§ 20-321). Neither one decides whether the personal representative is supervised; that is a separate court order (§§ 20-312(a), 20-401).

What is supervised administration in D.C.?

An estate the court has ordered to be administered under its supervision (§§ 20-401, 20-406). A supervised personal representative files the inventory with the court (§ 20-711) and renders a first account within one year and one day of the first publication of notice, then every 9 months until the final account (§ 20-724(a)). Without that order, administration is unsupervised: the inventory goes to interested persons (§ 20-713.01) and the estate closes by a Certificate of Completion (§ 20-735).

What is the D.C. small estate limit?

The court small estates proceeding covers property subject to administration in the District of $80,000 or less, real estate included (§ 20-351). The no-court affidavit covers a whole probate estate of $40,000 or less with no real estate (§ 20-361(a)(1)). Both apply to deaths on or after March 21, 2025, set by D.C. Law 25-302. For an earlier death the court figure is $40,000 and there is no affidavit.

How long do creditors have to file claims in D.C.?

Six months from the first publication of the notice of appointment, not from the death (§ 20-903(a)). The personal representative publishes the notice within 20 days after appointment, once a week for 2 successive weeks, and mails it to heirs, legatees and known creditors within the same 20 days (§ 20-704). In a small estates proceeding where notice is directed, claims are due 30 days after it is published (§ 20-353(b)).

Does a D.C. personal representative have to prepare an inventory?

Yes, within 3 months after appointment, listing the property owned at death with each item's fair market value at the date of death (§§ 20-711(a), 20-713.01(a)). In unsupervised administration it is delivered or mailed to each interested person and may be filed with the court; in supervised administration it is filed with the court.

Is a bond required in D.C. probate?

Each personal representative gives a 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 (§ 20-502). A personal representative in a small estates proceeding gives no bond (§ 20-354(a)).

How long is there to contest a will in D.C.?

Six months following the published notice of the appointment of a personal representative (§ 20-305), except in a small estates proceeding, where claims and objections are due within 30 days of publication (§ 20-353(b)). Whoever holds an original will must deliver it to the court, the Register of Wills or a named executor within 90 days of learning of the death, or face a fine of up to $500 (§ 18-111).

Does a house always need probate in D.C.?

No. A transfer on death deed recorded with the Recorder of Deeds before the owner's death passes the property to the named beneficiaries outside probate (§§ 19-604.05, 19-604.09). Otherwise all of a decedent's property, real estate included, passes to the personal representative (§ 20-105), so a house in the person's name alone goes through the small estates proceeding if the D.C. estate is $80,000 or less, or through abbreviated or formal probate. Any real estate rules out the no-court affidavit.

Important: The District of Columbia has no counties, so there is no local court to choose. Every estate that needs a court is filed with the Probate Division of the Superior Court of the District of Columbia (D.C. Code § 20-101(b)), and its fees are paid to the Register of Wills under one court-set schedule. What varies from estate to estate is the legal periodical or newspaper that prints the notice of appointment, and the Recorder of Deeds filing for any D.C. real estate.

Legal Authority: D.C. Code § 20-101(b) (the court), § 20-105 (devolution to the personal representative), § 20-301 (methods of opening an estate), §§ 20-311, 20-312, 20-331 (abbreviated probate), §§ 20-321 to 20-323 (formal probate), §§ 20-351 to 20-356 (small estates proceeding), §§ 20-360 to 20-362 (small assets by affidavit), §§ 20-401, 20-406 (supervised administration), § 20-502 (bond), § 20-704 (notice of appointment), §§ 20-711, 20-713.01 (inventory), § 20-724 (supervised accounts), § 20-735 (certificate of completion), § 20-903 (creditor claims), § 20-305 (will contests), § 11-2104 (Register of Wills), § 15-707 (probate fees), §§ 19-101.02 to 19-101.05 (allowances), §§ 19-604.05 to 19-604.13 (transfer on death deeds), and D.C. Law 25-302 and D.C. Law 26-164.. Last Verified: October 2026.

SourcesOfficial references used for this page

D.C. Code § 20-301, Scope (abbreviated, formal and small estates proceedings)Council of the District of Columbia, D.C. Code. Current official code text, accessed October 4, 2026.
D.C. Code § 20-311, Nature of proceeding (abbreviated probate)Council of the District of Columbia, D.C. Code. Current official code text (temporary amendments by D.C. Law 26-164), accessed October 4, 2026.
D.C. Code § 20-322, When mandatory (formal probate)Council of the District of Columbia, D.C. Code. Current official code text, accessed October 4, 2026.
D.C. Code § 20-351, General (small estates proceeding)Council of the District of Columbia, D.C. Code. Current official code text, accessed October 4, 2026.
D.C. Code § 20-361, Payment or delivery of small asset by affidavitCouncil of the District of Columbia, D.C. Code. Current official code text (temporary amendments by D.C. Law 26-164), accessed October 4, 2026.
D.C. Code § 20-704, Notice of appointment to interested persons, creditors and unknown heirsCouncil of the District of Columbia, D.C. Code. Current official code text (temporary amendments by D.C. Law 26-164), accessed October 4, 2026.
D.C. Code § 20-903, Limitation on presentation of claims against the estateCouncil of the District of Columbia, D.C. Code. Current official code text, accessed October 4, 2026.
D.C. Code § 15-707, Probate feesCouncil of the District of Columbia, D.C. Code. Current official code text, accessed October 5, 2026.
D.C. Law 25-302, Strengthening Probate Administration Amendment Act of 2024Council of the District of Columbia. Effective March 21, 2025, accessed October 4, 2026.
D.C. Law 26-164, Strengthening Probate Administration Temporary Amendment Act of 2026Council of the District of Columbia. Effective August 14, 2026 until March 27, 2027, accessed October 4, 2026.

This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.

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