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Superior Court of the District of Columbia, Probate Division Guide

Settled Estate records a 90-day deadline to deposit the will and a 6-month creditor claim period for the Probate Division of the Superior Court of the District of Columbia, read from 24 linked sources and last verified October 5, 2026.

By Settled Estate Editorial Team

Superior Court Probate Division information · Updated October 2026

Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.

90 days
To deposit the will
6 months
Creditor claims, from appointment
202-879-9460
Filing office phone
Unofficial guide · Verified October 2026 · Probate Division of the Superior Court of the District of ColumbiaSources (24)

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Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

Immediate Actions

The first days

First: Get Death Certificates

Required for everything

DC Health Vital Records Division

Cost: $18/copy
Get: 8 copies
How to order
Office info
Address: 2201 Shannon Place SE, Washington, DC 20020
Hours: Walk-up: Mon and Tue 9:00 am to 1:00 pm; Wed 9:00 am to 3:30 pm; Thu and Fri 9:00 am to 1:00 pm

Secure the Property

  • Lock the residence and secure valuable items
  • Forward mail to a responsible family member
  • Make a list of what you find (don't throw anything away yet)

Locate Important Documents

Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)

Required by Law

First 90 days
90 days

Deposit the Will

A person holding a will may deliver it to the Probate Court or the Register of Wills after the death (D.C. Code § 18-110). Whoever possesses a will and willfully neglects, for 90 days after the testator's death becomes known to him, to deliver it to the Probate Court, the Register of Wills, or an executor named in it 'shall be fined not more than $500' (§ 18-111). The 90 days run from when the holder learns of the death. (D.C. Code §§ 18-110, 18-111)

Cost: Verify locally
Where: Register of Wills, Probate Division, Superior Court of the District of Columbia
Clerk Website

Creditor claim window

Creditors generally have 6 months from date of first publication of notice of the personal representative's appointment to bring claims against the estate. (D.C. Code § 20-903(a))

Notify Key Parties

  • Banks and credit card companies (to prevent unauthorized use)
  • Social Security Administration (1-800-772-1213)
  • Employer (if applicable) for final paycheck and benefits

Assess Your Situation

Before filing anything

Which probate type is right for you?

1

Small estate? If the estate is worth less than the District of Columbia small-estate limit (shown on the options below), you may qualify for simplified procedures.

2

Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.

3

Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.

Select a probate type below to see specific requirements and costs.

Which applies to your situation?

Not sure? Use the free checker at the top of this page - you don't have to decide this alone.

No court case. A person holding a small asset must pay or deliver it to the designated successor on an affidavit made by all known successors meeting § 20-361(a). Any interest in real property, anywhere, rules this route out. The affidavit is presented to the asset holder (a bank, a transfer agent, or the DMV for a vehicle title under § 20-361(d)); it is not filed with the Court.

  • The entire probate estate, less liens and encumbrances, wherever located, does not exceed $40,000 and exceeds known liabilities
  • The estate includes no interest in real property
  • At least 60 days have passed since the death, shown by an attached certified death certificate
  • No application for appointment of a personal representative is pending or has been granted in any jurisdiction
  • The funeral expenses have been paid
  • The affidavit is made by all known successors, under penalty of perjury
Qualifies:
$40,000

Added by D.C. Law 25-302 (effective March 21, 2025). The current text repeals the requirement that any will was admitted to probate, § 20-361(a)(4) (D.C. Code § 20-361(a), as amended by D.C. Law 26-164, a temporary act effective until March 27, 2027); the permanent text keeps it. While that act is in force the route applies to deaths on or after March 21, 2025.

A court proceeding for an estate whose property subject to administration in the District of Columbia has a value of $80,000 or less (D.C. Code § 20-351). Real property in the District counts toward that figure. Any person eligible to be personal representative under § 20-303 files a verified petition listing known creditors and pending lawsuits (§ 20-352). If the Court directs notice, it is published once, and claims and objections are due within 30 days of publication (§ 20-353(b)). The small-estate personal representative needs no attorney, gives no bond and takes no commission (§ 20-354(a)).

Qualifies:
$80,000

D.C. Law 25-302 raised the figure from $40,000 to $80,000 effective March 21, 2025. The clause keying the new figure to deaths on or after March 21, 2025 is itself temporary (D.C. Law 26-164, a temporary act effective until March 27, 2027); for an earlier death the $40,000 figure applies. Do not quote § 20-355's 'less than $15,000', which was not updated.

The ordinary way to open a District estate of any size. An interested person files a petition for an abbreviated probate proceeding with the Court, and it may go ahead without the prior notice formal probate requires (D.C. Code § 20-311(a), as amended by D.C. Law 26-164, a temporary act effective until March 27, 2027). The Court or the Register of Wills appoints the personal representative, and the appointment is an order for unsupervised administration unless the order says otherwise (§ 20-312(a), same temporary act). It 'shall be set aside' if an interested person requests formal probate within 6 months after notice of the appointment under § 20-704 (§ 20-331(a)).

Qualifies:
Larger estates, or when no simplified option fits

Under the permanent text of §§ 20-311 and 20-312, which returns when the temporary act lapses, the Register of Wills admits the will and appoints the personal representative on request in the petition, and only the Court is named as appointing. Re-read both sections before relying on this after March 2027.

A proceeding conducted after notice under § 20-323, used particularly when due execution of a will cannot be presumed (D.C. Code § 20-321). It must be instituted if, before abbreviated probate, an interested person or creditor requests it, or the abbreviated petition appears materially incomplete or incorrect, or as provided in § 20-331 (§ 20-322). Formal probate is not the same as supervised administration: whether the personal representative is supervised is a separate order (§§ 20-312(a), 20-401).

Qualifies:
Estate over thresholds or complex situations

D.C. Law 25-302 (effective March 21, 2025) renamed 'standard probate' to 'formal probate'.

An abbreviated probate proceeding is instituted when an interested person files a petition for probate with the Court and may be conducted without the prior notice required for formal probate. It "shall be set aside" if, within 6 months after notice of the appointment under § 20-704, an interested person requests a formal probate proceeding (§ 20-331(a)). The current wording of § 20-311 rests on temporary text (D.C. Code § 20-311, as amended by D.C. Law 26-164, a temporary act effective until March 27, 2027); the permanent text has the Register of Wills admit the will and appoint the personal representative on request.

Attorney:
not required by law, though many families use one

A court small estates proceeding is available if the property of a decedent subject to administration in the District of Columbia has a value of $80,000 or less (§ 20-351). A small-estate personal representative need not be represented by an attorney, gives no bond, and takes no commission (§ 20-354(a)).

Qualifies:
$80,000

No court filing. A holder of a small asset must pay or deliver it to the designated successor on an affidavit made by ALL known successors stating that the entire probate estate, less liens and encumbrances, wherever located, does not exceed $40,000 and includes no interest in real property; that at least 60 days have passed since the death; that no application for a personal representative is pending or granted anywhere; that funeral expenses are paid; and naming the successors and shares. Added by D.C. Law 25-302 (effective March 21, 2025). The requirement that any will was admitted to probate, § 20-361(a)(4), is repealed in the current text (D.C. Code § 20-361(a), as amended by D.C. Law 26-164, a temporary act effective until March 27, 2027).

Qualifies:
$40,000

File for Probate

Where to file, forms & fees

Where to File

Office: Probate Division of the Superior Court of the District of Columbia
Address: Court Building A, 515 Fifth Street, NW, Third Floor, Washington, DC 20001
Hours: Monday-Friday, 8:30 a.m. to 5:00 p.m.
How: Petition filed with the Probate Division of the Superior Court (D.C. Code §§ 20 311, 20 321)

Free Filing Help Available

Probate Self-Help Center can help you understand forms and filing requirements at no cost.

Other Topics That May Apply

Property & Real Estate

Property transfer after death, recording

Recorder of Deeds, D.C. Office of Tax and Revenue

Website

Vehicle Title Transfer

Retitle or transfer the deceased's vehicle. Office, forms, fees.

DC DMV Southwest Service Center

District of Columbia Department of Motor Vehicles

Phone:
311 or (202) 737-4404
Address:
95 M Street SW, Washington, DC 20024
Hours:
Tuesday, Thursday, Friday and Saturday 8:15 am to 4 pm; Wednesday 9:15 am to 4 pm; closed Sunday and Monday
Office Website

Any open DC DMV service center handles title work. Rhode Island Service Center: 2350 Washington Place NE, Suite 112N, Washington, DC 20018 (https://dmv.dc.gov/page/rhodeisland-service-center). Benning Ridge Service Center: 4525 Benning Road SE, Washington, DC 20019 (https://dmv.dc.gov/page/benning-ridge-service-center). Both list the same phone and hours. Georgetown Service Center is temporarily closed. Mail: DC DMV, PO Box 90120, Washington, DC 20090.

DC DMV transfers a deceased owner's vehicle at its service centers. Check the title first: a named beneficiary or a surviving joint owner can take the vehicle without probate. Otherwise the vehicle passes through the estate, by small-asset affidavit, small estate order, or letters of administration.

Transfer scenarios

Beneficiary named on the DC title

Documents needed:

  • Death certificate of the vehicle owner
  • Beneficiary's driver license or identification card
  • The title fee ($30.00)

The beneficiary brings the documents to a DC DMV service center. DC DMV does not notify the beneficiary of the owner's death. The beneficiary obtains the title only and is responsible for registering the vehicle. DC DMV will not transfer ownership to the beneficiary unless any lien is satisfied.

Only one beneficiary can be named, and only on a vehicle owned by an individual (DC DMV treats a trust as a business). The DC DMV page is the only official source read for this route. The statute authorizing the designation was NOT located: D.C. Code § 50-1501.02 was read and does not mention beneficiaries, and the D.C. Municipal Regulations (18 DCMR) were not searched. That does not mean no authority exists.

Surviving joint owner

Documents needed:

  • Certificate of title in the names of the surviving and deceased joint owners
  • Authenticated death certificate of the deceased joint owner
  • Certificate of Title/Temporary Registration and Tag Application (DMV-CTA-001)
  • Title fee ($30.00)

The surviving joint owner presents the title and authenticated death certificate at a DC DMV service center and applies for a new title. No probate or court order is required.

DC DMV's page speaks of 'joint owners' and does not distinguish survivorship wording on the title. If the title names the decedent alone, this route does not apply.

Surviving spouse or domestic partner (no separate route)

Documents needed:

  • The documents of whichever route applies (see the other scenarios)

Check the title. If the spouse is a co-owner, use the surviving joint owner route. If not, use the beneficiary designation, the small-asset affidavit, a small estate order, or letters.

DC DMV's excise tax exemption for gifts between spouses or domestic partners covers a bona fide gift of a vehicle already titled in the District; it is not described as a death-transfer route.

Small-asset affidavit (no court filing)

Documents needed:

  • Affidavit under D.C. Code § 20-361(a), made by all known successors under penalty of perjury
  • Certified copy of the death certificate attached to the affidavit
  • Certificate of Title/Temporary Registration and Tag Application (DMV-CTA-001)
  • Title fee ($30.00)

At least 60 days after the death, all known successors sign the affidavit naming the designated successor, and the designated successor presents it to DC DMV with the death certificate and the title fee.

No official DC DMV form for this affidavit was found, and DC DMV's death-of-owner page does not mention the route. The court's forms could not be read (dccourts.gov answers 403 to non-browser user agents). The permanent text of § 20-361 still requires that any will was admitted to probate ((a)(4)); the temporary text in force through March 27, 2027 repeals it.

Small estate proceeding (court order)

Documents needed:

  • Assignment of title executed by the personal representative
  • Authenticated copy of the small estate order that includes the vehicle as an estate asset
  • DC DMV application for a new certificate of title (DMV-CTA-001)
  • Original death certificate

Petition for a small estate in the Probate Division. Once the order issues, the personal representative signs the title assignment and presents it with the authenticated order and the original death certificate at a DC DMV service center.

A small-estate personal representative needs no attorney (D.C. Code § 20-354(a)). The court route counts D.C. real property, so a house does not close it the way it closes the affidavit.

Sole owner, probate with letters

Documents needed:

  • Assignment of title executed by the personal representative or estate executor
  • Authenticated copy of the letters testamentary or administration (the probate must still be open)
  • DC DMV application for a new certificate of title (DMV-CTA-001)
  • Original death certificate of the deceased

After the Probate Division appoints the personal representative, the personal representative assigns the title and the recipient presents the documents at a DC DMV service center. If the vehicle was titled in a trust, DC DMV instead requires the trust agreement showing the trust's name, trustor, trustee and beneficiary, signed by the trustor and trustee.

DC DMV notes that 'Under certain circumstances, additional information and/or forms may be required.' Excise tax is assessed at titling unless an exemption on DC DMV's list applies.

Forms

  • Certificate of Title/Temporary Registration and Tag Application(DMV-CTA-001)(The PDF prints 'DMV-CTA-001 Rev. 08/15/2013'. DC DMV's publication page also links Amharic, Vietnamese, Korean, Chinese, French and Spanish versions.)
  • Beneficiary Designation to Certificate of Title Application(DCDMV-ADD-BEN-001)(The PDF prints 'DCDMV-ADD-BEN-001 Rev. 9/17/2020'. Signed by the owner while alive; after the death the beneficiary needs only the death certificate, their ID and the fee.)
  • Affidavit for payment or delivery of a small asset (D.C. Code § 20-361)(No official form was located. DC DMV publishes none, and the Superior Court's site (dccourts.gov) could not be read (403 to non-browser user agents).)

Fees

$30 for each titling, duplicate titling and retitling (D.C. Code § 50-2201.03(d)); DC DMV's fee page lists 'Vehicle Title Only (New and Replacement) $30.00'.$30
lien recording$20
registration transferOn the death of a joint owner, the registration transfers to the surviving joint owners for a $15 fee (D.C. Code § 50-1501.02(e)(5)). A beneficiary or other successor obtains the title only and must register the vehicle separately at the weight-class registration fees of D.C. Code § 50-1501.03.
excise taxExcise tax is levied on issuance of a certificate of title at a percentage of fair market value set by weight and city MPG (DC DMV table effective February 17, 2025). A title issued to a surviving co-owner after the death of one co-owner is exempt (D.C. Code § 50-2201.03(j)(3)(K)).

Fees read 2026-10-05 on DC DMV's 'Vehicle Title and Excise Tax Fees' page (https://dmv.dc.gov/book/dmv-fees/dmv-fees-0): Vehicle Title Only $30.00, Duplicate Title $30.00, Lien Recordation $20.00 per lien, Title Information Request $7.00. Since December 15, 2025 DC DMV adds a 2.5% service fee to debit and credit card payments online, in the app and in person.

Small-estate vehicle transfer

The District's general small-asset affidavit reaches vehicles directly: D.C. Code § 20-361(d) requires DC DMV to transfer title to the designated successor on the affidavit. There is no separate vehicle-only affidavit, and the old motor-vehicle exception in § 20-357 was repealed in 2018. A court small estate order (property subject to administration of $80,000 or less, § 20-351) is a second, court-supervised route that DC DMV accepts.

Threshold: $40,000

All known successors must sign the affidavit under penalty of perjury, no personal representative application may be pending or granted anywhere, and the funeral expenses must be paid. DC DMV's own death-of-owner page does not yet describe this route, so bring a copy of § 20-361(d). TRAP: § 20-355 'After-discovered property' still prints $15,000; it is not the cap.

Lost or duplicate title

When the DC title is lost or stolen, or the lien on the vehicle has been satisfied.

Apply online if nothing on the title changes, by mail to DC DMV, PO Box 90120, Washington, DC 20090, or in person at a DC DMV service center, with the application signed by all owners, valid photo ID, a copy of a valid credential and vehicle information (renewal notice, registration, VIN, DC title number or tag number). A non-owner applying for the owner needs a fully executed Vehicle Power of Attorney Form. Duplicate titles are mailed to the primary owner within 10 business days.

Form:Certificate of Title/Temporary Registration and Tag Application (Duplicate Title box)(DMV-CTA-001)

Fee: $30

To obtain a duplicate after a lien is satisfied, add a lender letter on company letterhead stating the lien is satisfied, a loan agreement stamped 'paid' and certified, or a title stamped with the lien release.

Helpful resources

Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.

Vehicle sources (16)

Sources for this page (24)

The facts above come from these official sources. Verify current details with the office before filing.

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in District of Columbia

Frequently Asked Questions

How much does probate cost in District of Columbia?
Probate filing fees in District of Columbia, District of Columbia vary by the type of administration. Contact the Superior Court Probate Division for the current fee schedule.
How long does probate take in District of Columbia?
Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
Do I need an attorney for probate in District of Columbia?
Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.

More District of Columbia Resources

Explore the rest of the District of Columbia probate hub.

Do I need probate?5 pages
For the executor4 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages

Verified against Probate Division of the Superior Court of the District of Columbia on October 5, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in District of Columbia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.