How Probate Works in Washington, D.C.

Does D.C. require probate?

Not always. D.C. offers two paths to avoid or simplify probate: a small estate affidavit for personal property under $40,000, and a simplified administration process for estates up to $80,000.

For larger estates, full administration through the Superior Court (Probate Division) is required.

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What court handles probate in D.C.?

Probate in D.C. is handled by the Superior Court (Probate Division). Since D.C. is a single jurisdiction (not divided into counties), all probate cases are filed at the D.C. Superior Court, located near Judiciary Square in downtown Washington.

The Probate Division has dedicated judges and staff who handle wills, estates, guardianships, and conservatorships. The court's small size relative to state court systems often means cases move efficiently.

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Small estate threshold

Estates with personal property valued at $40,000 or less (no real estate in the deceased's name alone) can use a small estate affidavit (D.C. Code § 20-351 et seq.).

Requirements:

• The total value of personal property does not exceed $40,000.
• No real estate is titled solely in the deceased's name.
• The person filing is entitled to the property under the will or intestate law.

The affidavit is filed with the Probate Division, which issues a certificate allowing asset collection from banks and other holders.

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Simplified probate options

D.C. offers a two-tiered system for smaller estates:

Small estate affidavit ($40,000). For personal property only, as described above. No court hearing required.

Abbreviated (simplified) probate ($80,000). Estates valued at up to $80,000 can use a simplified court administration process. This involves filing with the Probate Division but with reduced paperwork, fewer reporting requirements, and a faster timeline than full administration.

Standard (full) administration. Required for larger estates or those with real property titled solely in the deceased's name. The court appoints a personal representative who must file an inventory, pay debts, and submit accountings.

Supervised vs. unsupervised. D.C. allows unsupervised administration for uncontested estates (similar to independent administration), where the personal representative acts without court approval for each step. Supervised administration requires court oversight and is used for contested or complex situations.

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What if there is no will?

When someone dies without a will in D.C., the estate follows the District's intestate succession laws (D.C. Code § 19-301 et seq.).

If the deceased was married:

• Spouse, no children or parents. The surviving spouse inherits the entire estate.
• Spouse and children (all are the surviving spouse's children). The surviving spouse receives two-thirds of the estate. The children share the remaining one-third.
• Spouse and children from a prior relationship. The surviving spouse receives one-half of the estate. The children share the other half.
• Spouse and parents (no children). The surviving spouse receives three-fourths of the estate. The parents receive the remaining one-fourth.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

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What makes D.C. different?

Single jurisdiction

Unlike any state, D.C. is a single jurisdiction with one courthouse for all probate matters. There is no question about which county or court to file in. Everything goes through the Superior Court (Probate Division) at Judiciary Square.

Two-tiered simplified system

The combination of the $40,000 affidavit and the $80,000 simplified administration gives D.C. families two options before reaching full probate. This two-tiered approach covers a wider range of estate sizes than jurisdictions with only one small estate threshold.

High property values

D.C.'s real estate market is among the most expensive in the country. Even a modest home often exceeds $500,000, which means most estates that include real property will require full administration. The small estate thresholds are most useful for estates consisting primarily of bank accounts and personal property.

D.C. estate tax

D.C. imposes its own estate tax on estates exceeding $4.71 million (as of 2026, indexed to inflation). This is separate from the federal estate tax, and the rate ranges from 11.2% to 16% on amounts above the threshold. Most estates will be below this threshold, but larger estates should plan for both federal and D.C. obligations.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

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