Washington DC Probate Courts and Filing Requirements

All estate matters in the District run through a single court, which simplifies one part of an otherwise detailed process. This page covers where to go, what to file, what it costs, and which deadlines carry real consequences.

Where the Court Is

The Probate Division of the DC Superior Court handles decedents’ estates, trusts, guardianships, conservatorships, and the estates of minors.

Filings go to the Office of the Register of Wills at Court Building A, 515 Fifth Street NW, Washington, DC 20001. The Probate Clerk’s Office sits in Room 314, and the Legal Branch is on the third floor.

Filing the Will

The court does not accept wills before death. Once the testator dies, the original will should be filed within 90 days, accompanied by a Certificate of Filing Will. There is no cost to file a will.

Where something about the execution needs explaining, an Affidavit of Witness may be filed alongside it. Filing the will and opening an estate are separate steps, and the will may be filed either before or together with the documents that open the estate.

If the original is held in a safe deposit box you cannot access, the court has a procedure for appointing a special administrator to open it. If someone is withholding the will, the remedy runs through a formal probate petition.

Types of Estate Cases

The estates the court handles fall into a few categories, and the right one depends on what the decedent owned and where they lived.

Small estate proceedings cover estates within the statutory threshold, which the Strengthening Probate Administration Amendment Act of 2024 raised to $80,000 in property subject to administration. Large estate proceedings apply to District real estate and to estates above that figure. A foreign estate case is required when the decedent lived in another state or country but owned property in the District. Minors’ estate cases handle money or property held for a child.

Note that some pages still reference the older $40,000 figure. The statute now sets $80,000, and the probate process page explains how the tracks differ.

Opening the Estate

To open a case, file with the Register of Wills. The forms depend on the case type, and the core set for a decedent’s estate includes the petition for probate, the will if there is one, a certified death certificate, a list of interested persons, and the bond where required.

Appointment then requires a statement accepting the duties of the office, any required bond, and written consent to personal jurisdiction in the District. Nonresident representatives must also file an irrevocable power of attorney designating the Register of Wills for service of process. Choosing someone able to handle these obligations is covered under selecting a personal representative.

Court Costs

Fees are modest compared with the professional costs of administration. According to the court, costs are set by Probate Division Rules 125 and 425. In general there is a $25 fee where the decedent owned one or more pieces of real estate in the District, plus an additional fee that depends on the value of all other assets and personal property.

Rule 125 sets out the scale, which the Register of Wills assesses based on the value of the probate estate. Because the fee tracks probate assets only, moving property outside probate reduces it, which is one of several practical arguments for planning around the process.

Petitioners unable to pay may apply to proceed without prepayment of costs, submitting the application to the Legal Branch of the Register of Wills, with the decision made by the Judge-in-Chambers at the Moultrie Courthouse.

Electronic Filing and Paper Records

The Probate Division uses electronic filing for most documents. Where a document is filed in paper, whether in person or by mail, the office keeps only certain originals in the case file: wills, codicils, bonds, sealed documents, and documents requested to be placed under seal. Everything else is returned to the filer once the filing is docketed and imaged.

Keep your own complete set regardless. A personal representative will be asked for documents repeatedly over the course of an administration.

The Deadlines That Matter

Six dates drive a District estate.

The will should be filed within 90 days of death. Notice of appointment must be published and mailed within 20 days after appointment. The verified inventory is due within three months of appointment. Creditor claims are barred six months after first publication of the notice of appointment. A will contest must be filed within six months of that same publication, or within 30 days in a small estate where the court directs notice. The District estate tax return and payment are due within ten months of death.

Missing the publication or inventory dates creates work. Missing the tax deadline creates interest and penalties. The full sequence appears under estate administration.

Searching Records and Getting Copies

Estate files and wills are kept in the Probate Division file room at Room 314, available for inspection from 8:30 to 5:00 Monday through Friday except holidays. Closed cases and files more than ten years old are moved to storage, so allow time when requesting older records.

Docket information is also available through Remote Public Access, which returns the same information a mailed search request produces while saving the $10 search fee and the wait.

Foreign Estates and Out-of-District Decedents

A decedent who lived elsewhere but owned District property requires a foreign estate case filed here, which runs alongside the administration in the home jurisdiction. The reverse also happens: a District resident with real property in another state or country generally triggers a separate proceeding there.

Families with property or heirs abroad should plan for this in advance rather than discovering it during administration, which is what international estate planning addresses. A Washington DC estate planning attorney can also structure an estate so most assets never reach this court at all. Contact our office to schedule a consultation.

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