Your mother passed away last month in Georgetown. She named you executor in her will, and now you're trying to figure out how probate works in the District of Columbia — which isn't a state, doesn't follow any state's laws, and has its own unique court system. The DC Superior Court website has some information, but it's not exactly a step-by-step guide. You need a clear DC-specific answer.
This is your step-by-step DC executor checklist — every form, every deadline, every fee, specific to how probate actually works in the District of Columbia in 2026. If you're looking for a general overview of the executor role first, start with our Executor's Complete Guide to Probate and come back here for the DC details.
Important: This guide is for informational purposes only and does not constitute legal advice. Probate laws in the District of Columbia are complex and unique. Always consult with a licensed attorney authorized to practice law in DC before making legal or financial decisions about an estate.
“
Download Your Washington DC Executor Checklist
Get the complete step-by-step checklist as a printable PDF — delivered straight to your inbox.
Quick Reference: DC Probate Court Contact
DC Superior Court — Probate Division Website: dccourts.gov/superior-court/probate-division Phone: (202) 879-9460 Filing Fee: $45 -- $450 Small Estate Threshold: $40,000 (small estate, no real property) Creditor Period: 6 months Community Property Jurisdiction: No UPC Jurisdiction: No DC Estate Tax: Yes (estates over ~$4.99 million in 2026, adjusted annually) DC Inheritance Tax: None
“
Your DC Executor Checklist
Step 1: Immediate Actions (First 7 Days)
Before you file anything with the court, there are urgent tasks that need to happen right away.
Order death certificates. Request 10-15 certified copies from the DC Vital Records Division or the funeral home. Each copy costs approximately $18. Banks, insurance companies, brokerage firms, and government agencies will each want their own certified copy.
Secure the property. If the deceased owned a home or condo in DC, make sure it's locked, the mail is being collected, and nothing is deteriorating. Check that homeowner's insurance or condo insurance is current. DC property values are high, which means insurance lapses are especially costly. If there are vehicles, make sure they're parked legally (DC's parking enforcement doesn't stop for probate) and insured.
Locate the original will. You need the original, not a copy. Check the deceased's home, their attorney's office, and any safe deposit box. In DC, the will must be filed with the Register of Wills at the DC Superior Court.
Notify immediate family. Let beneficiaries and close family members know you've been named executor (called "personal representative" in DC) and that you'll be managing the process. Setting expectations early reduces the communication burden and heads off the constant check-in calls.
Gather financial records. Start collecting bank statements, investment account information, mortgage documents, credit card statements, tax returns, and insurance policies. DC residents often have federal employment benefits, military benefits, or congressional staff benefits that require specific documentation. Check for FEGLI (Federal Employees' Group Life Insurance), TSP (Thrift Savings Plan), and CSRS/FERS retirement benefits if the deceased was a federal employee.
Step 2: Determine If Full Probate Is Required
Not every DC estate needs formal probate. Check whether simplified procedures apply.
Small estate proceeding. If the estate consists entirely of personal property (no real estate) and the total value is $40,000 or less, you may be able to use a simplified small estate proceeding. This avoids the complexity of full administration.
Abbreviated probate. DC offers an abbreviated probate process for certain estates that exceed the small estate threshold but don't require full supervised administration. This is an intermediate option that reduces court oversight while still providing formal appointment and creditor protection.
Assets that bypass probate. Before determining which process to use, identify assets that pass outside of probate — life insurance with named beneficiaries, retirement accounts (TSP, 401(k), IRA) with designated beneficiaries, jointly held property with right of survivorship, and payable-on-death bank accounts. Federal employment benefits often have their own transfer procedures.
If the estate requires full administration, here's how the process works.
Step 3: File the Will and Petition for Probate
This step officially starts the probate process in DC.
File with the DC Superior Court — Probate Division. File the original will, a certified death certificate, and a Petition for Probate (Form ADM) with the Probate Division of the DC Superior Court, located at 515 5th Street NW.
Pay the filing fee. DC probate filing fees range from $45 to $450, depending on the type of proceeding and the estate's value. Standard administration for larger estates costs more. The fee is paid when you file the petition.
Choose between standard and abbreviated administration. Standard (supervised) administration involves more court oversight — the court must approve the inventory, accountings, and distributions. Abbreviated (unsupervised) administration allows you to manage most estate matters without individual court approval. Request abbreviated administration when possible to reduce time and cost.
Receive your Letters of Administration. Once the court appoints you as personal representative, you'll receive Letters of Administration (or Letters Testamentary if there's a will). This is your legal authority to act on behalf of the estate.
For context on what the overall process looks like step by step, our general executor checklist covers the phases that apply in every jurisdiction.
Step 4: Publish Notice and Notify Creditors
DC law requires you to notify creditors that probate is underway.
Publish a notice in a newspaper. You must publish a Notice to Creditors in a newspaper of general circulation in DC. This notice runs for 3 consecutive weeks. The Washington Times, Washington Post, or other qualifying DC publications can handle this. Cost is typically $200-400.
Send notice to known creditors. Mail notice to every creditor you're aware of. This gives them formal notice that the estate is in probate.
The creditor claim window: 6 months. In DC, creditors have 6 months from the date of first publication to file a claim against the estate. You cannot safely distribute assets until this window closes and all valid claims are resolved. Understanding how debt works after someone dies will help you evaluate claims.
Notify beneficiaries and heirs. Send formal notice to everyone named in the will and to anyone who would inherit under DC intestacy law if there were no will. Beneficiaries have specific legal rights, including the right to receive information about the estate.
Ready to simplify estate communication?
Keep your family informed throughout probate without the endless phone calls. Start your free 14-day trial today.
Step 5: Inventory and Appraise Assets
This is where you account for everything the deceased owned.
File an inventory with the court. You must file a complete inventory of the estate's assets within 90 days of your appointment. This lists every probate asset and its fair market value as of the date of death.
No probate referee required. DC does not require a court-appointed appraiser. You determine fair market values yourself for most assets. For DC real estate — where values can be significant — hiring a professional appraiser is strongly recommended. A single-family home in DC can easily be worth $500,000 to $2 million or more, and an inaccurate valuation creates tax and distribution problems.
Federal employment benefits. If the deceased was a federal employee or retiree, there are separate processes for transferring benefits. TSP accounts, CSRS/FERS retirement benefits, and FEGLI life insurance each have their own forms and procedures handled through the Office of Personnel Management (OPM), not through probate court. Identify these early and start the paperwork.
Consider the DC estate tax implications. DC has its own estate tax (see Step 6), so you need an accurate total value of the gross estate, including both probate and non-probate assets.
Step 6: Pay Debts, Taxes, and Expenses
Once the creditor window is open and claims come in, handle them methodically.
Evaluate creditor claims. Review each claim carefully. You can accept valid claims, negotiate settlements, or reject claims you believe are invalid. DC law establishes a priority order for paying claims.
DC estate tax. The District of Columbia imposes an estate tax on estates exceeding approximately $4,988,400 (the 2026 DC exemption, adjusted annually for inflation). The tax rate is graduated, ranging from approximately 11.2% to 16% on the amount above the exemption. This threshold is significantly lower than the federal exemption ($15 million), so an estate can owe DC estate tax while owing nothing federally. Unlike the federal exemption, DC's exemption is not portable between spouses. The DC estate tax return (Form D-76/D-76 EZ) is due within 10 months of death.
No DC inheritance tax. DC does not have a separate inheritance tax. The tax is on the estate itself, not on individual beneficiaries.
File income tax returns. The deceased's final federal and DC income tax returns (Form D-40) are due by April 15 of the year following death. If the estate generates income during administration, file a separate estate income tax return (federal Form 1041 and DC Form D-41).
Pay valid debts and estate expenses. Pay valid creditor claims, ongoing expenses, and probate costs from estate funds. Keep meticulous records.
Step 7: Distribute Assets and Close the Estate
You're in the final stretch.
Prepare a final accounting. Create a detailed record of all estate transactions — every asset collected, every bill paid, every fee charged, and the proposed distribution to each beneficiary. For standard (supervised) administration, this accounting must be filed with and approved by the court. For abbreviated administration, you must provide it to interested parties upon request.
Distribute assets. After the creditor period closes, all debts are paid, and taxes are filed (and any DC estate tax is paid), distribute assets to beneficiaries as directed by the will or DC intestacy law. Get signed receipts from each beneficiary.
File a closing document and get discharged. File the appropriate closing document with the court and request your discharge as personal representative. The court issues an order releasing you from further liability.
For a broader look at how the probate timeline typically unfolds, including what causes delays, see our detailed timeline breakdown.
DC-Specific Probate Rules to Know
Beyond the step-by-step process, there are several DC-specific considerations that can significantly affect how you manage the estate.
DC is not a state. This creates unique jurisdictional considerations. DC has its own probate laws, its own court system, and its own tax code. If the deceased owned property in other states, you may need to open ancillary probate in those states in addition to the DC proceeding. Conversely, if someone dies in another state but owns DC real property, the DC portion may require a separate proceeding.
DC estate tax threshold is relatively low. At approximately $4,988,400 in 2026 (adjusted annually for inflation), DC's estate tax exemption is significantly lower than the federal exemption. Given DC's high real estate values, it's not uncommon for a DC estate to exceed this threshold — a home worth $1.5 million, retirement accounts, life insurance, and other assets can add up quickly. The tax rate ranges from 11.2% to 16%, and the exemption is not portable between spouses, which means the tax bill can be substantial.
Federal employee benefits. A significant portion of DC residents are current or former federal employees. Federal benefits — TSP, CSRS/FERS pensions, FEGLI life insurance, and Federal Long Term Care Insurance — each have their own transfer procedures through OPM. These don't go through probate court but require separate paperwork and can take 2-4 months to process.
Standard vs. abbreviated administration. DC offers two tracks: standard (supervised) administration with more court oversight, and abbreviated (unsupervised) administration with less. Abbreviated administration is faster and cheaper, but requires that the will not direct supervised administration and that no interested party objects. Always request abbreviated administration if the circumstances allow it.
Personal representative compensation. DC allows personal representatives to receive reasonable compensation. There's no fixed fee schedule. The court determines reasonableness based on the complexity of the estate. For more on how executor compensation works, see our detailed guide.
Renunciation of will. DC's surviving spouse has the right to renounce the will and instead take a statutory share of the estate. The elective share is generally one-third of the net estate if the deceased had children, or one-half if there were no children. This election must be made within a specific time frame.
What HeirPortal Does for DC Executors
When you set up an estate in HeirPortal, DC-specific deadlines and requirements populate automatically — the 90-day inventory deadline, the 6-month creditor period, the DC estate tax filing deadline, and key dates. Your family members see the same timeline you do, which means fewer calls asking "what's happening?" and more time spent actually moving the estate forward. You can check our state coverage page to see exactly what's included.
Get executor tips in your inbox
Weekly guidance for navigating the probate process with confidence. Unsubscribe anytime.
Join 500+ executors who receive our weekly newsletter
FAQ
How long does probate take in DC?
Most DC estates take 9-15 months from the initial filing to final distribution. The 6-month creditor period sets a minimum timeline. Simple estates using abbreviated administration can sometimes close in 8-10 months. Complex estates — those involving DC estate tax, real property sales, contested claims, or federal employment benefits — can take 18 months to 2 years.
Do I need a lawyer for probate in DC?
DC allows pro se (self-representation) in probate, but an attorney is recommended for standard (supervised) administration. The DC Superior Court Probate Division provides some self-help resources, but the procedures are more complex than in many states. For estates that may owe DC estate tax or that involve real property, hiring a probate attorney is strongly recommended.
What is the small estate threshold in DC?
DC allows a simplified small estate proceeding for estates consisting entirely of personal property (no real estate) totaling $40,000 or less. For larger estates, abbreviated or standard administration is required.
How much does probate cost in DC?
The major costs include:
- Court filing fee: $45 -- $450
- Newspaper publication: $200 -- $400
- Attorney fees (if hired): $3,000 -- $15,000+ depending on complexity
- Certified death certificates: $180 -- $270 (for 10-15 copies at ~$18 each)
- Bond premium (if required): varies based on estate value
- DC estate tax (if applicable): 11.2-16% on amounts above ~$4,988,400 (2026)
Does DC have an estate tax?
Yes. DC imposes an estate tax on estates exceeding approximately $4,988,400 in 2026 (adjusted annually for inflation). The tax rate ranges from approximately 11.2% to 16%. This threshold is significantly lower than the federal exemption, so estates that owe nothing federally may still owe DC estate tax. The exemption is not portable between spouses. The return is due within 10 months of death.
Can I avoid probate in DC?
Yes, several strategies can help:
- Revocable living trust: Assets in a trust pass outside of probate
- Joint ownership with right of survivorship: Property passes automatically to the surviving owner
- Beneficiary designations: Life insurance, retirement accounts, and payable-on-death accounts bypass probate
- Small estate proceeding: Personal property under $40,000
What happens if the executor lives outside DC?
DC allows out-of-state personal representatives, but non-residents may face additional requirements including potentially appointing a DC agent for service of process. If you're managing an estate from out of state, consider hiring a local DC probate attorney.
How do federal employee benefits work in probate?
Federal employee benefits — TSP accounts, CSRS/FERS pensions, FEGLI life insurance — are not handled through probate court. Each has its own claims process through the Office of Personnel Management (OPM). The named beneficiary on each account receives the benefits directly. If no beneficiary was designated, the benefits follow a statutory order of precedence. Start the OPM paperwork as soon as possible, as processing can take 2-4 months.
Download Your Washington DC Executor Checklist
Get the complete step-by-step checklist as a printable PDF — delivered straight to your inbox.
Executor Checklists for Other States
Looking for executor guidance specific to another state? We have detailed checklists for:
Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming
Don't see your state? Check our state coverage page for probate requirements in all 50 states plus DC.
Probate in DC has its own rhythm — the unique jurisdictional status, the estate tax threshold, and the federal employee benefits all add layers that other jurisdictions don't have. But the process follows a logical sequence, and the Probate Division of the Superior Court handles thousands of cases every year. Take it step by step, and know that you're doing something important for your family.