Washington DC probate runs through DC Superior Court's Probate Division. It's public, slow (9–15 months), and costs money in court fees, executor commissions, and attorney fees — often 3–5% of the estate's gross value. A properly structured trust eliminates all of that.
For DC residents with real property — particularly in neighborhoods where values have appreciated significantly — a trust also allows real estate to pass cleanly to heirs without a probate court sale or forced distribution.
Without a DC Trust — What Probate Costs Your Family
- ✕Public: all assets, debts, and beneficiaries filed at 500 Indiana Avenue NW — public record
- ✕Slow: 9–15 months minimum for uncontested estates
- ✕Expensive: personal representative fees, attorney fees, court costs — often 3–5% of gross estate
DC-Specific Considerations
What DC Residents Need to Know
DC Estate Tax — $4.71M Threshold
DC's 2026 exemption is significantly lower than the federal threshold. Trust structures can reduce DC estate tax exposure for estates approaching or above the threshold.
DC Real Property Transfer
Transferring DC real estate into a trust requires a deed recorded with the DC Office of Recorder of Deeds. We prepare and file this deed as part of every trust engagement.
Federal Employee Benefits
TSP, CSRS, and FERS pension benefits pass by beneficiary designation — not into the trust. We coordinate your trust with your federal retirement designations so everything works together.
The Path Forward
Four Steps to a DC Trust
1
Consultation — Is a Trust Right for You?
We assess your estate, property, family, and DC estate tax exposure. Not every DC resident needs an irrevocable trust. We recommend only what you need.
2
Trust Drafting — DC Law, Your Family's Situation
We draft a trust agreement reflecting DC law, your family situation, and your goals — with clear trustee succession, distribution terms, and incapacity provisions.
3
Funding — DC Real Property, Accounts, Business Interests
We coordinate the transfer of DC real property (via deed to Recorder of Deeds), bank accounts, investment accounts, and business interests into the trust. Most clients complete funding within 30–60 days.
4
Updates as Life Changes
We help you add new assets, update beneficiaries, and revise trust terms as your situation evolves. A trust is a living document that should be maintained over time.
Your Attorney
Estate Planning Counsel
SV
Sunil Varghese
Georgetown Law · Partner, Estate Planning
New York Bar DC Bar Maryland Bar
Sunil handles trust planning for DC residents — from straightforward revocable living trusts to complex structures for estates approaching the DC estate tax threshold. He practices from our 1700 K Street NW office.
View Full Profile → Common Questions About DC Trusts
How does a revocable living trust avoid DC probate?
Assets held in a properly funded revocable living trust pass directly to your beneficiaries at death — outside of DC Superior Court's Probate Division. The successor trustee distributes assets immediately, without court involvement, without public disclosure, and without the 9–15 month timeline of DC probate.
What is DC's estate tax exemption?
DC's estate tax exemption is approximately $4.71 million (2026) — significantly lower than the federal exemption. DC residents with estates approaching or exceeding this amount need trust structures designed to minimize DC estate tax. We model your specific estate at the consultation.
How do I transfer DC real estate into a trust?
Transferring DC real property into a trust requires a new deed prepared and recorded with the DC Office of Recorder of Deeds. We prepare deeds that are properly recorded as part of every trust engagement — trust funding is not optional.
Do federal employees need special trust planning?
TSP, CSRS, and FERS pension benefits are not trust assets — they pass by beneficiary designation. We coordinate your trust plan with your federal retirement designations so they work together. A trust that doesn't account for federal benefits misses a significant portion of most federal employees' wealth.
Ready to keep your DC estate out of probate? Schedule your DC trusts 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.
