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Legal & Financial

What to Do When Someone Dies in Washington, D.C.

From Everendium · Last reviewed October 8, 2026

This guide covers District of Columbia. Looking for another state? See all state guides.

Quick answer

In D.C., death certificates come from the DC Health Vital Records Division and only certain relatives or people with a documented legal interest can order them. Probate goes through the Probate Division of D.C. Superior Court, and no one has authority to act for the person who died until the court appoints a personal representative. A 2025 law raised the small-estate limit to $80,000 and created a separate transfer-by-affidavit process for estates of $40,000 or less. D.C. also has its own estate tax, with a 2026 exclusion of $4,988,400, which is far below the federal level.

Washington, D.C. has its own vital records office, its own probate court, rules rewritten as recently as 2025, and an estate tax that applies well below the federal level. This page is the starting point; each section links to a detailed guide.

How do I get a death certificate in D.C.?

Certified copies come from the DC Health Vital Records Division at 2201 Shannon Place SE. The fee is $18 per certificate, and D.C. limits who may order one: a spouse, domestic partner, or parent named on the certificate, an adult child, adult grandchild, sibling, or grandparent who can document the relationship, a legal guardian, an attorney, or an interested party with proof of a legal or property need. Cousins, nieces and nephews, aunts and uncles, and friends can’t. See how to get a death certificate in D.C. and how many to order.

Who decides about cremation?

A signed written directive comes first. Otherwise D.C. Code § 3-413 gives the right, in order, to the spouse or domestic partner, the adult children (by majority), the parents, relatives in the next degrees of kinship, and finally an adult friend. Cremation also needs a permit from the Registrar and extra authorization from the Office of the Chief Medical Examiner. See who can authorize cremation in D.C..

What court handles probate?

The Probate Division of D.C. Superior Court, through the Register of Wills. No one has authority to act for the person who died until an estate is opened and a personal representative is appointed, and wills must be filed within 90 days of death. See how probate works in D.C..

Is there a simplified process for small estates?

Yes, two. A small estate proceeding is a short court case for property of $80,000 or less, a limit raised from $40,000 by a law effective March 21, 2025. A transfer by affidavit needs no court case but is limited to $40,000 with no real property and several conditions. Many websites and some court pages still show only the old $40,000 figure, so confirm with the Register of Wills. See D.C. small estate options.

Why does D.C.’s estate tax matter for moderate-sized estates?

D.C. has its own estate tax, separate from the federal one. For people who died in 2026, the D.C. exclusion is $4,988,400, and a D.C. return (Form D-76) is required for a gross estate at or above that amount even if no federal estate tax return is required. Rates run from 11.2% to 16%, and the return and payment are generally due 10 months after death. That is far below the federal exclusion, so estates that owe no federal estate tax can still owe D.C. tax. Check with an estate attorney or accountant, and see estate tax versus inheritance tax.

Where can I get help?

  • DC Health Vital Records Division for death certificate questions, at (202) 442-9303
  • D.C. Courts Probate Division: the Clerk’s Office and the Probate Self-Help Center are at 515 Fifth Street NW, and the general line is (202) 879-9460. The court says you don’t need a lawyer to file an estate case, and its page links to free or low-cost legal help

D.C. law changes, and its tax exclusion is adjusted every year. This is general educational information, not legal or tax advice. Please consult a D.C.-licensed attorney for guidance specific to your situation.

Sources

About this review

Everendium Editorial Team · last reviewed October 8, 2026.

Rebuilt October 8, 2026 from DC Health's Vital Records pages, the D.C. Code and D.C. Law 25-302 on the D.C. Council's official site, D.C. Courts Probate Division pages, and the D.C. Office of Tax and Revenue's 2026 D-76 instructions. D.C. law changed in 2025 and court web pages may lag behind it. This is general information, not legal or tax advice

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