DC · Probate Division — Superior Court
District of Columbia
Personal property
$80,000
statutory cap
No mandatory wait
Doubled from $40K by D.C. Law 25-302 § 4(n), eff Mar 21 2025 — first increase in 24 years.
Who is eligible to file
- Surviving spouse or registered domestic partner
- Adult children, equally if more than one
- Parents of the decedent, if no spouse or descendants
- The named executor under the will, if one exists
- An heir at law under District of Columbia's intestate-succession statute, in the absence of the above
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
State note: Doubled from $40K by D.C. Law 25-302 § 4(n), eff Mar 21 2025 — first increase in 24 years.
Real property
Real property requires regular probate. Small estate procedure under § 20-351 is for property not including DC real property.
Where to file
File with the Probate Division — Superior Court in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The District of Columbia judicial system operates an authoritative court locator.
Open the official District of Columbia court locator →Form & statute
Form
- Petition for Small Estate (Form S-2 / S-3)Probate Division publishes a Small Estate Packet.
Statute