You didn't expect to become an executor. But here you are — responsible for administering a loved one's estate through DC Superior Court's Probate Division, while still processing grief, managing family expectations, and carrying your own responsibilities.
DC probate has specific filing deadlines, publication requirements, and accounting standards. Mistakes can result in personal liability for the executor. DC Superior Court's Probate Division — at 500 Indiana Avenue NW — has its own procedural rules that differ from both Maryland and New York.
Small Estates (under $40K)
DC allows a Small Estate Affidavit to avoid formal probate. We assess eligibility first — many families qualify and don't realize it.
Standard Probate (over $40K)
Filed through DC Superior Court Probate Division. Full accounting, creditor publication, and court approval required. Timeline: 9–15 months.
DC Estate Tax
DC exemption: approx. $4.71M (2026) — the lowest of the three jurisdictions we serve. Estates above this threshold owe DC estate tax at progressive rates.
How We Guide You
Four Steps Through DC Probate
1
Consultation — Assess the Estate and Your Role
We review the will (or intestacy), identify all assets, determine which require probate, and give you a realistic timeline and cost estimate. We assess Small Estate eligibility before recommending full probate.
2
File With DC Superior Court — Letters Testamentary
We file the Petition for Probate at 500 Indiana Avenue NW, obtain Letters Testamentary (or Letters of Administration), and handle DC's publication requirement — notice to creditors in a DC newspaper.
3
Estate Administration — Creditors, DC Estate Tax, Accounting
We inventory and value assets, pay debts and taxes — including the DC estate tax return if applicable — manage estate property (including DC real estate), and prepare the final accounting for the Probate Division.
4
Distribution and Close — Your Duties as Personal Representative Discharged
We distribute assets to beneficiaries, obtain releases, file for court approval, and formally close the estate. Your fiduciary duties are properly and completely discharged.
The Full Process
DC Superior Court Probate — Step by Step
1
File Petition for Probate with DC Superior Court Probate Division (500 Indiana Avenue NW)
2
Obtain Letters Testamentary (will) or Letters of Administration (intestate)
3
Publish creditor notice in a DC newspaper (required by DC law)
4
Inventory and value all probate assets
5
Pay debts, administration expenses, and DC estate taxes (if applicable)
6
File final account with the Probate Division
7
Distribute assets to beneficiaries
8
Obtain court approval and close estate. Timeline: 9–15 months for uncontested estates.
DC Real Estate in Probate
DC has significant real estate values — a single property in Chevy Chase, Capitol Hill, or Georgetown can represent most of an estate's value. Property held only in the decedent's name must go through DC Superior Court probate before it can be transferred. If the family needs to sell during probate, the personal representative must petition the Division for authority. A revocable living trust would have allowed immediate transfer or sale.
Your Attorney
Estate Planning Counsel
SV
Sunil Varghese
Georgetown Law · Partner, Estate Planning
New York Bar DC Bar Maryland Bar
Sunil handles DC probate from our 1700 K Street NW office — from routine administration to contested will proceedings in DC Superior Court. We offer flat-fee administration for straightforward estates and hourly representation for complex or contested matters, with a clear fee estimate at the outset.
View Full Profile → Common Questions About DC Probate
How long does DC probate take?
9–15 months for uncontested estates. Contested estates or real estate sales add time. DC requires publication of notice to creditors in a DC newspaper, which adds to the administrative timeline.
What are DC personal representative fees?
In DC, personal representatives are entitled to a commission — typically 1% of the gross estate. Attorneys representing the estate typically charge 1–2% of the gross estate. On a $1.5 million DC estate, this means $30,000–$45,000 in combined fees, plus court costs. A properly funded revocable trust eliminates these fees.
What is a Small Estate in DC?
DC allows simplified procedures for small estates — a Small Estate Affidavit that avoids formal probate for qualifying estates under $40,000. We assess whether you qualify at the consultation.
Can a DC will be contested?
Yes — DC wills can be challenged on grounds of lack of testamentary capacity, undue influence, fraud or forgery, or improper execution. Contested DC estates involve discovery, depositions, and potentially a trial before a DC Superior Court judge. We represent both executors defending the will and beneficiaries challenging it.
Need help settling a DC estate? Schedule your DC probate consultation or browse our estate planning FAQ.
Estate Planning Notice: Estate planning laws vary by state and change frequently. This website provides general information only and does not constitute legal advice. A consultation with an attorney licensed in your state is required for legal advice tailored to your situation. Wills and trusts must be executed in accordance with state law or they may be invalid. The information on this site does not create an attorney-client relationship.
