After a death in District of Columbia

Small estates

Small estate proceeding in the Probate Division (D.C. Code 20-351). Allowed when the property subject to administration in DC is worth $80,000 or less. The limit rose from $40,000 to $80,000 effective March 21, 2025. This is a court petition, not a simple affidavit. Real estate and vehicles must be listed with their values. The court charges costs based on the estate’s size, plus the cost of publishing notice.

• Limit: $80,000 (since March 21, 2025)
• Source: the official source

Probate court

In District of Columbia, estates are handled by the Superior Court of the District of Columbia, Probate Division, usually in the county where the person lived.

Creditor claims: 6 months after the first publication of the notice of appointment.

Official court forms

Estates | District of Columbia Courts

Explains how to open an estate in the DC Superior Court Probate Division, including small estates.

Small estate form: open the form

A small estate is opened by filing a Petition for Administration of Small Estate with the Register of Wills.

Estate and inheritance tax

• State estate tax: Yes, for estates above $4,988,400 (deaths in 2026). Rates run from 11.2% to 16% on the amount over the exclusion. The exclusion is adjusted each year for inflation. DC does not let a surviving spouse use the unused exclusion of the spouse who died first.
• Inheritance tax: No. DC has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Transfer on death deed under DC’s Uniform Real Property Transfer on Death Act (D.C. Code 19-604.01 and after). It must be recorded before death.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the testator and 2 witnesses.

Handwritten wills: A handwritten will is valid only if it is signed and witnessed like any other will.

Power of attorney and health care directive

Financial power of attorney: DC adopted the Uniform Power of Attorney Act (D.C. Code 21-2601.01 and after). The principal must sign, and since February 23, 2023, the document is not valid unless acknowledged before a notary (D.C. Code 21-2601.05). The Act includes a statutory form.

Health care directive: Durable power of attorney for health care, signed with 2 adult witnesses, one of whom cannot be a relative or heir. A declaration (living will) is also signed with 2 witnesses.

Death certificates

Certified copies come from the DC Health, Vital Records Division, 2201 Shannon Place SE. The funeral home can usually order them for you.

Certified copies go to the spouse or domestic partner, parents, adult children, grandchildren, siblings, grandparents, legal representatives, and others who show a legal need. Cousins, nieces, nephews, aunts, uncles, friends and neighbors cannot order. Records become public after 75 years.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

DC’s estate tax starts at about $5 million, far below the federal exemption, so mid-size estates can owe DC tax. The small estate limit doubled to $80,000 in 2025, so older guides that say $40,000 are out of date.