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Washington DC's Probate process and Cost

Washington DC's Probate process and Cost

District of Columbia Probate Process (with Costs)

1. Locate and File the Will

  • Deadline: The Will must be filed within 90 days of death.

  • Cost: Filing the Will alone is free. Probate fees begin when the estate is opened.


2. Open the Estate

  • File a Petition for Probate with the Probate Division.

🔹 Types of Administration:

Type Description
Small Estate Estate worth ≤ $40,000.
Unsupervised Administration (standard) Called ADM case; used for most estates over $40K.
Supervised Administration Used when court oversight is needed (disputes, minors, etc).

You’ll need:

  • Death certificate

  • Original Will (if any)

  • Petition and supporting forms

  • Paid publication notice

🧾 Probate Fees (2024-2025):

Filing Type Cost
Small Estate Petition $15
ADM Estate Petition $25
Initial filing fee $25 – $50 (depending on forms)
Certified Letters of Administration ~$1 per copy

3. Appointment of Personal Representative

  • The court will issue Letters of Administration once a personal representative (executor) is appointed.

Bond may be required unless waived in the Will or by all heirs.

Bond Cost: Varies based on estate size and credit — typically $200–$1,000+ annually.


4. Notify Creditors and Heirs

  • Publish notice in a local newspaper for once a week for 3 consecutive weeks.

  • Cost: ~$150–$300

Creditors have 6 months to file claims after notice is published.


5. Inventory and Appraisal

  • File an Inventory within 3 months of appointment.

  • Real estate, personal property, bank accounts, etc. must be listed.

Appraisal Fees:

  • May be required for real estate or specialty assets.

  • Typical range: $300–$800 per appraisal.


6. Pay Debts, Taxes, and Administrative Costs

  • Estate pays:

    • Valid creditor claims

    • Funeral expenses

    • Personal representative compensation

    • Estate and income taxes (if applicable)

🧾 DC Estate Taxes (2025):

  • Estate tax exemption: $4.71 million

  • Rates: 11.2% – 16% on amounts above exemption

💵 Personal Representative Compensation (DC Law):

  • Reasonable fee allowed.

  • Often based on a percentage or court-approved hourly rate.


7. Accounting and Distribution

  • Must file:

    • Initial Accounting

    • Final Accounting

  • Assets are distributed once accounting is approved.


8. Close the Estate

  • File a final report and request court approval to close.


💰 Estimated Cost of Probate in DC

Type of Estate Typical Total Cost
Small Estate (≤ $40K) $200 – $1,000
Regular Estate ($100K–$500K) $3,000 – $10,000
Large Estate ($500K+) $10,000 – $25,000+

🔁 Assets That Bypass Probate in DC

  • Jointly titled property with survivorship

  • Life insurance or retirement accounts with beneficiaries

  • Trust-held property

  • POD (Payable-on-death) and TOD (Transfer-on-death) accounts

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