You've built a life in the nation's capital. Your estate should be protected by an attorney who knows DC law — not New York or Virginia law imported without modification.
Washington DC wills are governed by DC Code Title 19. The execution requirements, the intestacy rules, the probate process in DC Superior Court — all are distinct from Maryland and Virginia. And in a city with a high concentration of unmarried couples, domestic partnerships, and non-traditional family structures, intestacy frequently produces devastating outcomes for surviving partners who were never legally married.
A will eliminates that uncertainty.
Without a Will in DC — DC Code § 19-306
- ✕Unmarried partners receive nothing — regardless of the length or depth of the relationship
- ✕Step-children receive nothing from a step-parent's estate
- ✕A judge appoints your children's guardian without your input
What Your DC Will Covers
Key Provisions in Every DC Will
Executor Designation
Your chosen executor, with a backup, empowered to manage your DC estate through Superior Court probate. We help you choose and always name at least two alternates.
Guardian for Minor Children
Critically important in DC, where custody disputes over non-designated guardians can be protracted and expensive. Name your choice — and a backup.
Specific Bequests
Personal property, DC real estate, and financial accounts distributed according to your wishes — not DC's intestacy formula.
Testamentary Trust
For minor children or beneficiaries who need ongoing management of inherited assets — a trust within your will that activates at death.
DC Probate Process
What Your Executor Will Face in DC Superior Court
DC probate runs through DC Superior Court's Probate Division. A properly funded revocable living trust eliminates DC probate entirely — but understanding the process helps you plan.
1
File the will and petition for probate with DC Superior Court Probate Division
2
Court issues Letters Testamentary to your named executor
3
Executor publishes notice to creditors (required under DC law)
4
Assets are marshaled, valued, and inventoried
5
Debts, taxes, and administration expenses paid
6
Distribution to beneficiaries per your will's instructions
7
Estate closed. Timeline: 9–15 months for uncontested estates.
Your Attorney
Estate Planning Counsel
SV
Sunil Varghese
Georgetown Law · Partner, Estate Planning
New York Bar DC Bar Maryland Bar
Sunil practices from our 1700 K Street NW office. He understands the unique planning needs of government employees, federal contractors, diplomatic professionals, and DC residents — and advises on DC-specific considerations including DC estate tax near the $4.71M exemption.
View Full Profile → Common Questions About DC Wills
Does my New York or Virginia will work in DC?
A will validly executed in another U.S. state is generally recognized in DC. However, DC law governs the administration of your DC estate — including DC real property. If you move to DC or acquire DC property, we recommend reviewing your existing will to ensure it addresses DC-specific considerations.
What is the DC estate tax threshold?
DC's estate tax exemption is approximately $4.71 million (2026). Estates above this threshold owe DC estate tax at progressive rates. This is substantially lower than the federal exemption — DC residents with growing estates may cross this threshold without realizing it.
Do I need a will if I have a trust?
Usually yes — even with a trust, you need a "pour-over" will that catches any assets not transferred into the trust during your lifetime. The pour-over will also names your guardian if you have minor children.
What if my named executor can't serve?
Your will should name a backup executor. If both are unavailable or unwilling, DC Superior Court will appoint an administrator. We always name at least two alternates.
Ready to protect your DC estate? Schedule your DC wills 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.
