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
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
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.