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Washington, D.C. Probate Guide

Probate in Washington, D.C..

Washington, D.C. probate runs on a set of filings and deadlines that start the moment letters are issued. This guide walks you through each step with the actual statute citation and the current small estate threshold.

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At a glance — Washington, D.C. probate
Small estate threshold
$40,000
After 30 days
Creditor claim period
6 months (fixed statutory period)
DC Code § 18-303
Administration types
2
independent, supervised
Minimum time to close
~9 months
Shortest realistic path

Types of probate administration in Washington, D.C.

Washington, D.C. recognizes 2 paths. The right one depends on the will, the value of the estate, and whether all beneficiaries agree.

INDEPENDENT

Independent administration. Personal representative acts with minimal court supervision.

Qualifying requirements
  • Designated in will
  • OR all heirs/devisees consent in writing
Court approval required for
  • Opening the estate
  • Closing the estate
SUPERVISED

Supervised administration. Court approval required for major actions.

Qualifying requirements
  • Default if independent not authorized
Court approval required for
  • Opening the estate
  • Property sales
  • Distributions to beneficiaries
  • Annual accountings reviewed by court
  • Closing the estate

The Washington, D.C. probate process, step by step

These are the filings ordered the way they actually happen in a typical Washington, D.C. estate. Each deadline is keyed to the triggering event — death, letters issued, first publication — and tied to the statute.

  1. 1

    File Petition for Probate

    Deadline: 3 years from death

    File Petition with Superior Court of the District of Columbia, Probate Division

    3 supporting documents
    • Original will (if exists)
    • Death certificate
    • Petition with decedent info, estate value estimate, heirs/devisees names and addresses
    DC Code § 18-101
  2. 2

    Notice to Creditors

    Deadline: 30 days from order appointment

    Publish notice in newspaper or mail notice to known creditors. Notice contains deadline for filing claims.

    2 supporting documents
    • Notice to Creditors
    • Proof of publication or mailing
    DC Code § 18-303
  3. 3

    File Inventory

    Deadline: 60 days from order appointment

    List all known assets with fair market values. Include real estate, personal property, financial accounts.

    2 supporting documents
    • Inventory of Estate Assets
    • Asset valuations
    DC Code § 18-302
  4. 4

    Creditor Claims Period

    Deadline: 6 months from first publication

    Wait for creditor claims deadline. Personal representative investigates and allows/disallows claims.

    DC Code § 18-303
  5. 5

    File Final Account

    Deadline: After creditor period expires, before final distribution from creditor deadline

    File complete accounting of all estate transactions with the court.

    3 supporting documents
    • Final Account
    • Receipts for debts paid
    • Tax returns filed
    DC Code § 18-503
  6. 6

    Distribute Assets

    Deadline: After accounting approved / debts settled from accounting approved

    Distribute remaining assets to beneficiaries per will or DC intestacy law.

    2 supporting documents
    • Distribution documentation
    • Beneficiary receipts
    DC Code § 18-506
  7. 7

    Close Estate

    Deadline: After all distributions complete from distribution complete

    File final petition to close. Court issues Order Closing Estate and discharges personal representative.

    4 supporting documents
    • Final petition to close estate
    • Final account
    • Order Closing Estate
    • Order Discharging Personal Representative
    DC Code § 18-509

Creditor notice and claim period

After the personal representative is appointed, a notice to creditors must be published once for 1 week. Creditors then have a limited window to file claims; claims filed after the deadline are generally barred.

Claim period
6 months (fixed statutory period).
Absolute bar
No claims can be filed after 12 months from death regardless of notice
DC Code § 18-303

Small estate alternative in Washington, D.C.

If the gross estate is small enough, Washington, D.C. allows a simplified path that skips most of the formal probate machinery. Faster, cheaper, and — done right — every bit as final.

Threshold
$40,000
Gross estate value
Wait period
30 days
After date of death
Publication
Not required
Standard simplified path
Requirements
  • Estate value does not exceed $40,000
  • No probate proceedings pending
  • Affiant is person entitled to estate property under will or intestacy law
DC Code § 18-301 et seq. (small estate procedure)

Washington, D.C. estate and inheritance taxes

Most states don’t charge a separate state-level death tax — but Washington, D.C. does. Here’s what applies in addition to the federal estate tax (currently $13,990,000 exemption).

State estate tax
$4,528,000 exemption

Return: DC Form 706 · Deadline: 9 months from death

Where probate is filed in Washington, D.C.

Probate is filed in the county where the decedent lived at the time of death. A sample of active Washington, D.C. courts:

Superior Court of the District of Columbia
District of Columbia County
500 Indiana Ave NW, Washington, DC 20001
(202) 879-1500

Frequently asked questions

+How long does probate take in Washington, D.C.?

Most Washington, D.C. estates close in 9–15 months. The floor is set by the creditor claim period (6 months (fixed statutory period).) plus the time to file inventory, settle debts, and prepare the final accounting. Estates with real property sales, tax returns, or disputes run longer.

+Does Washington, D.C. have a small estate option?

Yes. If the gross estate is $40,000 or less and at least 30 days have passed since the date of death, you can generally use a small estate affidavit or collection procedure instead of full probate. Citation: DC Code § 18-301 et seq. (small estate procedure).

+What types of probate administration does Washington, D.C. recognize?

Washington, D.C. recognizes independent or supervised administration. independent — Independent administration. Personal representative acts with minimal court supervision. supervised — Supervised administration. Court approval required for major actions.

+How does D.C.'s creditor notice period work?

After the personal representative is appointed, a notice to creditors must be published once in a qualifying newspaper for 1 week. Creditors then have 6 months (fixed statutory period). Claims filed after the deadline are barred. Citation: DC Code § 18-303.

+Do I have to hire a Washington, D.C. attorney to probate an estate?

Washington, D.C. law doesn't strictly require an attorney, but most personal representatives retain one. Court rules, creditor notice requirements, tax returns, and fiduciary accounting obligations create personal liability for the personal representative if they're done incorrectly. A flat-fee attorney through Closewell handles filings, statutory notices, inventory, and accounting with fixed pricing and no hourly billing.

+How much does probate cost in Washington, D.C.?

Court filing fees in Washington, D.C. typically run $200–$500, plus publication costs of $100–$300 for the creditor notice. Attorney fees are the biggest variable — traditional hourly counsel on a routine estate often bills $5,000–$15,000, while flat-fee services like Closewell price the same work from $1,400–$4,500 depending on complexity. Bond premiums, appraisals, and tax preparation are additional.

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