Washington DC Probate Cost Calculator

Estimate the full cost of probate in Washington, D.C. — the reasonable personal representative fee (D.C. Code § 20-751), attorney fees, Probate Division court costs, and the DC estate tax above the $4,988,400 exemption — based on your estate value, with the D.C. Code cited.

Based on D.C. Code § 20-751 FigureMyTax Editorial Team Free · no sign-up

Your DC estate

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Waived (0%)
Typical (3%)
Higher (4%)
Estimated total probate cost in Washington DC
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— of the estate
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How probate costs work in Washington DC

Probate in the District of Columbia runs through the Probate Division of the Superior Court and the Register of Wills. DC isn't a state — it has its own code (the D.C. Code) and its own rules. It sets no percentage fee schedule (fees are "reasonable"), has some of the highest attorney rates in the country, and levies its own estate tax with an exemption far below the federal one.

1. Personal representative fee — reasonable, no rate

D.C. Code § 20-751: for deaths on or after July 1, 1995, the personal representative is entitled to reasonable compensation for services — there's no set rate. The Probate Division reviews reasonableness on request. In practice this often runs about 2% to 4% of the estate.

On a $500,000 estate, 3% is $15,000. The PR can renounce the fee (in writing), and family members serving in the role often do, since it's taxable income.

2. Attorney fees — among the highest in the US

Attorney compensation is also "reasonable," reviewed by the Court. DC has some of the highest legal rates in the country — roughly $300–$600 per hour, and $4,000–$8,000 for a straightforward estate ($8,000–$20,000+ for complex or contested). It's a separate cost from the PR fee.

3. The DC estate tax — low exemption

DC estate tax (Form D-76): the 2026 exemption (zero-bracket amount) is $4,988,400, indexed for inflation — far below the federal $15 million. Rates run from 11.2% to 16%, and the exemption is not portable between spouses. The estate files Form D-76 within 10 months of death.

Because the DC exemption ($4.99M) is far below the federal, some DC estates owe DC estate tax while owing no federal tax. DC has no inheritance tax for deaths after March 1987.

4. Court & other costs

  • Filing / court costs — modest fees to open the estate and publish notice; the Probate Division charges a publication cost and per-document fees.
  • Bond — may be required unless waived by the will or interested persons.
  • Accountings — filed periodically (every 9–12 months) with the Court.

5. When probate can be simplified in DC

  • Small estate proceeding — for estates of $80,000 or less (raised from $40,000 in a 2026 reform), through the Probate Division under D.C. Code § 20-351 et seq. It still needs a court filing and a PR, but is faster and cheaper than full probate.
  • Living trust, joint tenancy, POD/TOD — bypass probate entirely.
Cost componentDC figureSource
PR feeReasonable (no rate); ~2–4%§ 20-751
Attorney feeReasonable; $300–$600/hr (high)Probate Division
Estate taxAbove $4,988,400; 11.2–16%Form D-76
Small estate limit$80,000 (raised 2026)§ 20-351
Inheritance taxNone (post-1987 deaths)DC OTR

DC probate cost — frequently asked questions

How much does probate cost in Washington DC?

DC sets no percentage. The PR gets reasonable compensation (often 2–4%), and DC attorney fees are among the highest in the US ($4,000–$8,000 for a simple estate, up from there for complex ones). Court costs are modest. On a $500,000 estate that's roughly $15,000 PR + a similar-order attorney fee. Large estates may separately owe DC estate tax above the $4,988,400 exemption.

Why is the DC estate tax a concern?

Because the exemption ($4,988,400 in 2026) is far below the federal $15 million, and it's indexed but not portable between spouses. A DC home plus retirement accounts can approach it. Rates run 11.2% to 16%, and the estate files Form D-76 within 10 months of death.

Did the DC small estate limit change?

Yes. A 2026 reform raised it from $40,000 to $80,000, so more estates qualify for the small estate proceeding. Note that DC's small estate process still requires a court filing and appointment of a PR — it isn't a pure affidavit bypass like some states.

Who decides the PR fee in DC?

There's no set rate. Under D.C. Code 20-751 the standard is "reasonable" compensation for deaths on or after July 1, 1995, and the Probate Division of the Superior Court reviews it on request. Keep good records of the work done to support the fee.

How long does probate take in DC?

Most DC estates take about 12–18 months, shaped by the creditor claim period and the accountings the personal representative files with the Probate Division every 9–12 months until the estate closes.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. DC sets no fee percentage; the personal representative and attorney fees are "reasonable" under D.C. Code § 20-751 and reviewed by the Probate Division. The estate-tax estimate uses the 2026 exemption of $4,988,400 and the official 2026 D-76 computation table (11.2–16%) — confirm the final figure on Form D-76. The small estate limit is $80,000 (raised 2026). DC has no inheritance tax for modern deaths. Confirm current figures with the Register of Wills, the DC Office of Tax and Revenue, or a licensed DC attorney before acting.