How Probate Works After a Death in Washington, D.C.

Probate in the District works differently from most states in a few ways. There’s a single court for the whole city, a recent law changed the small-estate rules and the names of the procedures, and the court’s own web pages haven’t fully caught up. This guide explains the process and flags where to double-check.

Who handles probate in D.C.?

The Probate Division of the Superior Court of the District of Columbia. To open a case, you file documents with the Register of Wills. The Clerk’s Office is at 515 Fifth Street NW, Room 314, and the Probate Self-Help Center is in Room 316. The court is open Monday to Friday, 8:30 am to 5:00 pm, and its general information line is (202) 879-9460.

When do I have to act?

• The will. The court’s FAQ says wills must be filed within 90 days of the person’s death. Whoever holds the original will should file it
• Opening the estate. The same FAQ says there is no required time within which to file the documents to open an estate, but no one has authority to act for the person who died until an estate is opened and a personal representative is appointed. In practice, that generally means you can’t act as “executor” with banks or other institutions until the court appoints you. See what letters testamentary are

What kinds of estate cases are there?

The court describes three:

• Small estate. A simplified case for estates under the small-estate limit. To open one you file a Petition for Administration of Small Estate, a death certificate, the original will if there is one, a list of property and heirs, and the filing fee or a fee waiver
• Large estate. For estates that are not small, including some with real estate located in D.C. The court’s FAQ says a large estate may include D.C. real estate and describes the small-estate exception only for real estate located outside D.C., so if the estate includes D.C. real estate, ask the Register of Wills which case type applies. You file a Petition for Probate, death certificate, original will, notice of appointment, bond and other forms, and the fee or a fee waiver
• Foreign estate. If the person lived elsewhere but owned property in D.C., a foreign estate case is opened here

What is the small-estate limit now?

This is where to be careful. D.C. Law 25-302 (effective March 21, 2025) raised the small-estate limit in D.C. Code § 20-351 from $40,000 to $80,000, and the Code now reads that property subject to administration worth $80,000 or less may be administered as a small estate. When we checked, the D.C. Courts’ estates page and FAQ still said $40,000, and many online guides do too. If your estate falls between $40,000 and $80,000, or the death or filing dates straddle March 2025, ask the Register of Wills which figure applies before deciding. See D.C. small estate options.

What is “abbreviated” versus “formal” probate?

For probate cases generally, D.C.’s Code provides two routes:

• Abbreviated probate. On request in the petition for probate, the Register of Wills may admit the will and must appoint one or more personal representatives based on the statements in the petition, and may require additional verified proof
• Formal probate. The 2025 law renamed “standard probate” as “formal probate.” In a formal probate, the petitioner must promptly give notice to all known interested persons and publish a notice once a week for two successive weeks (reduced from three) in a legal periodical of general circulation in D.C. or another publication the court provides by rule

The same law also lets heirs or legatees nominate a personal representative in writing, lets people waive notice by a signed, filed waiver, and reduced the publication period for the notice of appointment to two weeks. Which route fits depends on whether the will is contested, whether there are creditors or disputes, and what the court requires, so an attorney can say which to choose.

Do I need a lawyer? What does it cost?

The court says you do not need a lawyer to file an estate case, but it can be helpful, especially for large estates or if there’s a dispute, and the court can’t give legal advice. Filing fees depend on the estate’s size and type (the court points to D.C. Code § 15-707), and a fee waiver is available if you can’t afford them. The 2025 law adds that the Probate Division can’t require court costs from an estate while a personal representative who received a fee waiver is serving, or after the estate is closed. Free or low-cost legal help may be available; the court’s page links to resources.

What do surviving family members get first?

D.C. Law 25-302 raised several survivor protections:

• Homestead allowance: raised to $30,000
• Exempt property allowance (household furniture, automobiles, furnishings, appliances, and personal effects): raised to $20,000 for a surviving spouse or domestic partner, or for surviving children if there isn’t one. It is eliminated for the children if the will leaves them nothing or doesn’t express an intent to benefit them
• Family allowance: raised to $30,000
• Funeral expenses: the law also increased the amounts that can be reimbursed for funeral expenses; ask the attorney which limits apply to you. See paying for the funeral before the estate can

Does D.C. have an estate tax?

Yes, and it kicks in far below the federal level. For people who died in 2026, the D.C. Office of Tax and Revenue says the exclusion is $4,988,400. A D.C. estate tax return (Form D-76) must be filed for a gross estate at or above that amount even if no federal estate tax return is required. Rates are graduated from 11.2% up to 16%. The return and payment are generally due 10 months after death, a 6-month extension to file can be requested (Form D-77), and interest and penalties apply to late filing or payment. Returns are filed and paid electronically through MyTax.DC.gov. Real property is generally taxed where it’s located, and bank accounts, securities, and similar intangible property generally where the decedent was domiciled. If the whole estate passes to a spouse or charity, an EZ form applies. Ask a D.C. estate attorney or accountant, and see our guide to estate tax versus inheritance tax.

What should I do next?

1. File the original will with the Register of Wills within 90 days
2. Gather the death certificate, will, and a list of the property and the heirs
3. Find out whether the estate is small or large, and which small-estate figure applies
4. Don’t act as executor until you’re appointed
5. Keep good records from day one; see keeping the estate’s records

D.C. probate law and court procedures change, and the 2025 amendments are recent. This is general educational information, not legal or tax advice; a D.C.-licensed attorney can advise on your situation.