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A quick view of the questions, practical details and source notes below.
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Updated August 19, 2026. Quick answer: The District of Columbia publishes no percentage schedule for probate compensation — the personal representative and the attorney are each paid what the court finds reasonable (D.C. Code §20-751), so the bill tracks hours worked rather than the size of the estate. The second number is the small-estate threshold, at or under which an estate skips most of probate: $80,000, raised from $40,000 effective March 21, 2025. Whether any of that reaches a solely owned house is answered below — it is where most published guidance goes wrong.
What probate costs in District of Columbia
| Item | District of Columbia |
|---|---|
| Fee model | reasonable-fee |
| What the fee is calculated on | Reasonable compensation for personal representatives and attorneys (D.C. Code §20-751 et seq.); no percentage schedule. |
| Court filing fee | varies by county |
| Small-estate threshold | $80,000 — small estate administration, D.C. Code §20-351, as amended by D.C. Law 25-302 (Strengthening Probate Administration Amendment Act of 2024), effective March 21, 2025 (previously $40,000). |
Why District of Columbia has no single answer
District of Columbia does not publish a percentage schedule that produces one number, so any source quoting you a firm figure is estimating. What the statute actually fixes is the standard: Reasonable compensation for personal representatives and attorneys (D.C. Code §20-751 et seq.); no percentage schedule. That makes three things decide the bill — how many billable hours the administration takes, whether any beneficiary contests, and whether the estate qualifies for the small-estate route below and skips most of it. Get the fee basis in writing before engaging anyone.
For states that DO publish a schedule, and to compare, use the probate cost calculator.
What is the small estate limit in District of Columbia?
$80,000 — small estate administration, D.C. Code §20-351, as amended by D.C. Law 25-302 (Strengthening Probate Administration Amendment Act of 2024), effective March 21, 2025 (previously $40,000).
The statute as written does not clearly state whether this route reaches real property. Treat that as unresolved rather than permission: confirm with the probate court or a licensed attorney in the state before assuming a house can pass this way.
Full thresholds for every state: small-estate limits by state.
If the estate is still being planned rather than settled, the usual way to keep a house out of probate entirely is a living trust, which carries its own upfront cost: whether a living trust is worth it in the District of Columbia.
Skipping probate entirely
The usual way to keep a house out of probate entirely is a living trust, which carries its own upfront cost: LawDepot builds a state-specific revocable living trust if that fits how you want to leave things to your heirs.
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Does a house have to go through probate in District of Columbia?
District of Columbia’s statute does not clearly state whether its small-estate route reaches real property. That is not permission — it is an open question, and the time to settle it is while the owner is alive and has options, not while an estate is being administered. A fiduciary advisor can price the exposure alongside the rest of the estate picture. talk to someone about the whole estate picture. You can also run the numbers yourself first with the probate cost calculator — no email required.
How District of Columbia compares to the other 50
District of Columbia’s small-estate threshold of $80,000 ranks 19 of 49 jurisdictions with a stated figure, and sits close to the national median of $75,000. The range runs from $15,000 at the bottom to $400,000 at the top, so where an estate falls relative to the line matters far more than any national “average probate cost” figure. On fee model, District of Columbia is one of 30 of 51 jurisdictions using the reasonable-fee approach.
Death taxes in District of Columbia, separately
District of Columbia levies an estate tax, one of 13 jurisdictions that do. That is a different question from probate cost and is decided by different statutes, but families routinely conflate the two.
Estate tax: yes – 2026 zero-bracket (exemption) $4,988,400, up from $4,873,200 in 2025 (CPI-indexed annually); rates 11.2%-16%
What this does not include
The figures above are the probate cost — the court and compensation side of settling an estate. They are separate from any state estate tax or inheritance tax, which are taxes on the transfer itself and are owed whether or not the estate goes through probate. Appraisal, bond premium, publication, and real-estate commissions if property is sold are additional and are not set by the fee statute.
Before you hire anyone
- Ask which statute the fee is charged under, and get the citation. In District of Columbia the governing provisions are below.
- Ask whether the quoted fee is calculated on gross value or net of debts. Gross-value states charge on the full house value even if a mortgage covers most of it.
- Ask whether the personal representative is also claiming compensation, and on what basis.
- Ask in writing whether the estate qualifies for the small-estate route, and if a solely owned house is involved, whether that route reaches it.
Primary sources
- D.C. Code §20-351
- D.C. Code §20-751
- D.C. Law 25-302
Compare and calculate
Probate cost by state compares all 51 jurisdictions side by side. The probate cost calculator prices a specific estate. If a move is on the table, retirement tax relocation prices probate alongside the three other taxes that change with residency.
Cite or share this guide: “District of Columbia Probate Cost (2026),” statute-cited; clearmoneyguide.com/district-of-columbia-probate-cost/. Free to cite with attribution.
What the whole settlement costs here. There is no statutory percentage here, so the fee is whatever is reasonable — which is why no honest national figure exists. No state estate tax and no inheritance tax reaches an estate this size here. The small-estate route stops at $80,000 and the statute we read does not state whether it reaches real property — worth asking the court before relying on it. No state charges estate tax at any of these estate sizes. All three lines computed for every state: the cost of dying index.
A related question: when is probate required in District of Columbia at all, and what the small-estate shortcut covers.