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MORTL → State Guides → Washington, D.C.
District Guide
What DC law actually says about death, probate, cremation, advance directives, estate taxes, and LGBTQ+ protections. DC isn't a state. Its laws are distinct from Maryland and Virginia in ways that matter.
Common questions
Someone just died in DC? The first 24 hours, step by step →
Guide Status
● Last reviewed August 2026
Laws change. Each section shows when it was last verified. Always confirm with a licensed DC attorney for your specific situation.
This is general information, not legal advice. DC law changes. Your situation is specific. For anything that matters, talk to a licensed DC attorney. Our directory doesn't list attorneys, so you'll find one on your own.
The short answer
In Washington, D.C., estates under $80,000 can skip full probate through a simplified process or affidavit. Cremation has no statutory waiting period. Washington, D.C. has its own estate tax on estates over $4.99 million. Every figure below names its source and the date it was checked.
Reviewed August 2026 · Washington, D.C.
Someone just died in DC: the first 24 hours →Verified providers in DC →
Last verified: August 7, 2026
Source: D.C. Code § 7-231.12 (death registration) ↗At a Glance
File within 5 days · Restricted for 50 years · Then public
In Washington, D.C., a death certificate must be filed with the DC Vital Records Division within five calendar days of death and before the body is buried, cremated, or otherwise disposed of. The funeral home or mortuary typically handles this on your behalf.
Ask each bank, insurer, court, agency, and property office whether it requires a certified copy. Order an initial quantity based on those actual needs, and confirm the current fee and process for ordering more.
The funeral director who first takes custody of the body files the report of death electronically, and tells the Registrar the reason for any delay past five days. The physician in charge of the care for the condition that caused the death has 48 hours after the death to complete, sign, and return the medical certification to the funeral director, unless the Office of the Chief Medical Examiner needs to inquire. If the death is unexpected or violent, OCME takes jurisdiction.
DC limits certified copies to immediate family members (spouse, domestic partner, parent, child, sibling), legal representatives, executors, and others with a documented legal interest. You must provide proof of relationship or legal authority.
Because DC is a federal district, some federal agencies and out-of-state institutions may require additional documentation beyond a DC death certificate. If the decedent held property in Virginia or Maryland, those states' courts will have separate jurisdiction over those assets.
Order certified copies from Washington, D.C.'s vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.
$18.00 per certified copy in Washington, D.C., as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.
Last verified: August 9, 2026
Source: D.C. Code Title 20 (2024) ↗At a Glance
Small estate threshold vs. national average
To be valid in DC, a will must be in writing, signed by the testator (or by someone else in the testator's presence and at their direction), and witnessed by at least two credible witnesses who sign in the testator's presence. DC doesn't recognize holographic (handwritten, unwitnessed) wills.
No holographic wills. If you wrote your wishes on a napkin, it has no legal force in DC. Get it properly witnessed or it doesn't exist.
Estates with a total probate value of $80,000 or less qualify for DC's simplified Small Estate Proceeding under D.C. Code § 20-351. The Council doubled this from $40,000 in 2025, so older guides and court handouts still showing $40,000 are out of date. It's faster than full probate, typically completed within 120 days, but still requires filing a Petition for Administration of Small Estate with the DC Superior Court, Probate Division. Unlike many states, DC doesn't offer a pure affidavit bypass; court involvement is still required.
For estates above $80,000, DC offers two tracks: Abbreviated Probate (the most common, less formal, court can appoint a personal representative without advance notice to heirs) and Standard Probate (used for contested matters, non-priority appointees, or when only a copy of the will is available). Both tracks can be administered on either a supervised or unsupervised basis.
Unsupervised abbreviated probate typically takes 6 to 9 months. Supervised administration runs 12 to 18 months. Contested estates can take 1 to 3 years. Court filing fees start at $25 for real property plus a value-based fee for personal property. DC probate attorneys charge $300 to $600 per hour. Some of the highest rates in the country. Budget $4,000 to $8,000 for a straightforward estate.
DC probate isn't cheap. A well-drafted revocable living trust can keep your estate out of probate entirely, saving your heirs months of court process and thousands in fees.
The personal representative must publish notice of the estate proceeding in a DC newspaper. Claims against the estate are barred unless presented within six months after the date of that first publication, so the clock runs from publication, not from the date of death or the date of appointment (D.C. Code § 20-903). Do not distribute assets before this window closes.
Assets held in joint tenancy with right of survivorship, tenancy by the entirety (for married couples), revocable living trusts, and accounts with named beneficiaries (POD/TOD designations, life insurance, retirement accounts) all pass outside of probate. In DC, domestic partners recognized under DC law also have survivorship rights on jointly held property.
A straightforward Washington, D.C. probate typically runs 6 to 9 months, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.
$80,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.
Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.
No will yet, or one that's out of date? How to write a will covers what belongs in one and the signing requirements, step by step. The rules on this page are what Washington, D.C. law adds.
Yes. Washington, D.C. authorizes the transfer on death deed under D.C. Code sections 19-604.01 to 19-604.19 (Uniform Real Property Transfer on Death Act). Record it while you’re alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. The District adopted the uniform act in 2013, so a recorded, revocable TOD deed works here the same way it does in most uniform-act states.
Source: D.C. Code sections 19-604.01 to 19-604.19 (Uniform Real Property Transfer on Death Act) ↗
DC doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.
Who it covers. No private employer is covered. District government employees have two separate provisions in D.C. Code § 1-612.03: subsection (n) gives up to 3 days of paid leave to make arrangements for or attend the funeral or memorial service of an immediate relative, and subsection (n-1) gives 10 days to an employee who suffers a stillbirth or the death of their own child under 21.
How much. None required of private employers. A District government employee gets up to 3 days of paid leave for an immediate relative's funeral under § 1-612.03(n), and separately 10 days under § 1-612.03(n-1)(1) for a stillbirth or the death of their child under 21. The 10-day leave has to be exercised within 60 days of the death or stillbirth, and under (n-1)(3) it doesn't count against the DCFMLA unpaid entitlement and is in addition to other paid leave.
Paid or unpaid. n/a for private employers. The District government leave is paid, with no loss of pay, leave, or service credit.
D.C. is a common source of confusion because the District does mandate bereavement leave, just for its own workforce. Two provisions sit next to each other. § 1-612.03(n) entitles a District employee to "not more than 3 days of leave without loss of or reduction in pay, leave or service to make arrangements for or attend the funeral or memorial service for an immediate relative." § 1-612.03(n-1)(1) adds 10 days of bereavement leave without loss of pay, leave or service credit when the employee suffers a stillbirth or the death of a child under 21, exercised within 60 days. Private employers in the District owe neither. The DCFMLA's 20-or-more-employees threshold comes from D.C. Code § 32-516(2); the "employer" definition at § 32-501 carries no size threshold at all.
Yes. Washington, D.C. enforces pet trusts under D.C. Code § 19-1304.08, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one. The District sets no year limit, so an animal that outlives you by decades stays covered. Whoever you name in the trust enforces it, and if you name nobody a court appoints someone. Anyone who cares about your animal can ask the court to appoint an enforcer or to remove one who isn't doing the job. A judge can cut the amount back if the trust holds more than your animal's care requires. Unless your trust says where the extra should go, it comes back to you if you're living, and otherwise goes to whoever inherits from you. The District took the uniform pet trust law word for word, so there's no local twist to plan around. It covers an animal that was alive while you were, so a pet your family takes in after you die needs its own arrangement, and you have to name the caretaker, the person who enforces the trust, and a backup for each, because the statute won't pick any of them for you.
Last verified: June 1, 2026
Source: D.C. Code §§ 19-301 through 19-321 (2026) ↗If you die without a will in DC, your assets are distributed according to DC's intestate succession laws under D.C. Code Title 19. The outcome depends on who survives you: spouse or domestic partner, children, parents, and siblings all have defined shares.
DC recognizes domestic partners under the DC Domestic Partnership Equality Amendment Act. Registered domestic partners have the same intestacy rights as spouses. If you're in an unregistered partnership, your partner inherits nothing by default.
If you die with a surviving spouse or domestic partner but no living descendants or parents, your spouse or partner inherits everything. If you have living parents but no descendants, your spouse gets three-quarters and your parents get one-quarter. If you have descendants from you and your spouse (and your spouse has no other descendants), your spouse gets two-thirds and your descendants get one-third. If your spouse has descendants from another relationship, the split is fifty-fifty.
If you die without a spouse but with children, your children inherit everything in equal shares. Stepchildren don't inherit under intestacy unless legally adopted. Children born outside of marriage inherit equally with children born within marriage under DC law.
If you die with no surviving spouse, domestic partner, descendants, parents, or siblings, DC's intestacy law continues up the family tree to grandparents, aunts and uncles, and cousins. If no relatives can be found, your estate escheats to the District of Columbia.
Last verified: August 7, 2026
Source: D.C. Code § 47-3701 et seq.; DC OTR (2026) ↗At a Glance
Washington, DC imposes a separate estate tax on estates exceeding $4,988,400 for a death in 2026. The Office of Tax and Revenue raises this exclusion (the "zero bracket amount") each year for inflation; it was $4,873,200 for a 2025 death. The federal estate tax exemption is $15 million in 2026. That gap means DC residents with estates between roughly $5 million and $15 million owe DC estate tax but no federal estate tax. This catches a lot of people who assume they're below the federal threshold and stop planning.
The DC estate tax exemption is NOT portable between spouses. When the second spouse dies, only their individual exemption applies. Not the combined amount. This is a significant difference from federal law and requires specific planning.
Source: DC Office of Tax and Revenue: Notice of Oct. 1, 2025 Tax Changes (2026 estate tax exclusion of $4,988,400) ↗Source: D.C. Code § 47-3701 (zero bracket amount; cost-of-living adjustment) ↗
The DC estate tax is graduated, running from 11.2% to 16% on the taxable portion of the estate above the exemption.
DC doesn't impose an inheritance tax (a tax on the person receiving assets). DC also doesn't have its own gift tax. The federal gift tax annual exclusion is $19,000 per recipient in 2026.
If the estate exceeds the DC exemption threshold, the personal representative must file DC Estate Tax Return Form D-76 with the DC Office of Tax and Revenue within 10 months of the date of death, and pay the tax by then (D.C. Code § 47-3705). Note that this is 10 months, not the nine months the federal estate tax uses. Form D-77 buys a 6-month extension to file, but not to pay: the tax is still due at 10 months or interest and penalties run. Returns and payments go through MyTax.DC.gov.
Source: D.C. Code § 47-3705 (filing returns; payment of tax due) ↗
Because the DC exemption isn't portable, married couples often use credit shelter trusts (also called bypass trusts or AB trusts) to use both spouses' exemptions in full. Irrevocable life insurance trusts (ILITs), charitable trusts, and annual gifting programs are also commonly used. If your estate is approaching $5 million, this isn't a DIY situation. Get a DC estate planning attorney.
Yes. Washington, D.C. levies its own estate tax, with a state exemption of $4.99 million and rates of 11.2% to 16%. The federal estate tax can also apply, but only to estates over $15 million per person (2026).
No. Washington, D.C. doesn’t tax inheritances. Heirs owe no state tax on what they receive, though the estate itself can owe state estate tax before anything is distributed.
$15 million per person, $30 million for a married couple, indexed for inflation. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.
Last verified: June 1, 2026
Source: D.C. Code Title 21, Chapter 22 (DC Healthcare Decisions Act) ↗At a Glance
Living Will
Specifies end-of-life care wishes
Healthcare Proxy
Names a decision-maker for you
DNR / POLST
Do-not-resuscitate orders
Under the DC Healthcare Decisions Act (D.C. Code Title 21, Chapter 22), DC residents can execute a single Advance Health Care Directive that combines a Durable Power of Attorney for Health Care (naming a healthcare agent) and a Living Will (stating treatment preferences). You must be at least 18 years old and of sound mind to execute one.
DC's form isn't the same as Maryland's or Virginia's. If you split time between DC and a neighboring state, you may need separate documents for each jurisdiction. Consult an attorney if this applies to you.
A DC advance directive must be signed by the principal (you) in the presence of two adult witnesses. The witnesses can't be your healthcare agent, your healthcare provider, an employee of your healthcare provider, or anyone who would inherit from your estate. Notarization isn't required under DC law, but some facilities prefer it.
DC also recognizes the Medical Orders for Scope of Treatment (MOST) form. A physician-signed medical order (not just a patient directive) that travels with the patient and instructs emergency responders and healthcare providers about resuscitation and life-sustaining treatment preferences. Unlike an advance directive, the MOST form requires a physician's signature and is typically completed for patients with serious illness.
You can revoke a DC advance directive at any time, in any manner, verbally, in writing, or by destroying the document, as long as you have decision-making capacity. Notify your healthcare agent and your medical providers immediately upon revocation.
DC doesn't have a central advance directive registry. Give signed copies to your healthcare agent, your primary care physician, any specialists, and any hospital where you receive regular care. Keep the original somewhere accessible. Not in a safe deposit box your agent can't open in an emergency.
Start with D.C. Code Title 21, Chapter 22 (DC Healthcare Decisions Act), linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.
Washington, D.C. requires 2 adult witnesses; notarization isn’t required. Anyone 18 or older of sound mind can make one.
Last verified: August 7, 2026
Source: D.C. Code Title 43, ch. 1 (cemeteries and crematories); D.C. Code § 7-231.12 (death registration) ↗At a Glance
In DC, cremation requires written authorization from the next of kin or the person designated in a pre-need funeral arrangement. The priority order for authorization is: spouse or domestic partner, adult children, parents, adult siblings, and then other next of kin. If there's a conflict among family members of equal priority, the funeral home may require a court order.
DC's cemeteries and crematories chapter sets no minimum number of hours to wait before a cremation. What has to come first is the report of death and the permit for disposition. A separate rule does restrict embalming: no one may embalm a body in DC within 4 hours after death or before the death certificate issues (D.C. Code § 43-125). Ask your funeral home what its own timeline is.
A burial or cremation permit must be obtained from the DC Vital Records Division before the body can be disposed of. The funeral home handles this as part of the death certificate filing process.
Home burial isn't permitted in Washington, DC. The District doesn't have the rural land or zoning framework that allows home burial in some states. All burials must occur in a licensed cemetery.
DC doesn't have a dedicated green burial cemetery within its borders. The nearest green burial options are in Maryland and Virginia. If this matters to you, document your wishes clearly in your advance directive and pre-need funeral arrangement, and identify a specific cemetery in writing.
DC law allows you to pre-plan and pre-pay for funeral services. Pre-need funds must be held in trust by the funeral home. If you pre-pay and the funeral home goes out of business, DC law provides some consumer protections. But not complete protection. Get everything in writing and keep a copy outside the funeral home's files.
DC sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.
Naming someone in advance. D.C. Official Code § 3-413(b)(2): any competent adult may designate someone to make disposition decisions 'by executing a document in accordance with this section.' The document must clearly communicate the intent to have that person decide, becomes effective on death, must be dated and signed by the individual (§ 3-413(c)), and is revocable in writing at any time (§ 3-413(d)). The section requires no notary or witnesses on its face. Under § 3-413(e) the document may be included as part of a document executed under subchapter II-A of Chapter 15 of Title 7, the District's health-care power of attorney and advance directive scheme, so the designation can ride along with an advance directive or stand alone.
When the same tier disagrees. D.C. Official Code § 3-413.01: 'Disputes concerning the rights to the control or the disposition of the remains of a deceased person shall be resolved by a court of competent jurisdiction.' The court considers four listed factors: the reasonableness, practicality, and resources available for payment for the proposed arrangements and final disposition; the degree of the personal relationship between the decedent and each of the persons in the same degree of relationship; the expressed wishes and directions of the decedent and the extent to which the decedent provided resources to carry them out; and the degree to which the arrangements and final disposition will allow participation by all who wish to pay respect.
The District screens every tier for competence, not just relationship, and it is one of the few jurisdictions that writes 'an adult friend or volunteer' into the statute as the final tier rather than leaving unclaimed remains to a public official. The current ranking dates to D.C. Law 14-28 (2001); the prior version gave the claim to 'the oldest adult member of each class' down a long fixed list.
Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.
1. When nobody can pay. The DC Department of Human Services Burial Assistance program is discontinued. Its own page says that as of September 30, 2025, DHS 'will no longer provide Burial Assistance funds' and that 'While we recognize that funeral costs can present a financial challenge, funding is no longer available for this program.' What's left is 'public disposition' through the Office of the Chief Medical Examiner: when nobody claims a body within 15 days, OCME arranges cremation at no cost to the family. Formerly the Department of Human Services, Economic Security Administration (202-727-5355). Now the Office of the Chief Medical Examiner, 401 E Street SW, 202-698-9000, for public disposition.
What it pays. not published. The DHS page names no figure, and the program no longer pays anything. OCME public disposition is not a payment to the family, it's the District cremating the body.
What disqualifies you. Not published for the discontinued DHS program. For OCME public disposition, the trigger is that no family member or friend comes forward to claim the body within 15 days after it reaches OCME.
2. If the death was caused by a crime. 'Funerals: up to $10,000'. The program-wide limit: 'The maximum compensation for any claim is $25,000.' Administered by the DC Superior Court Crime Victims Compensation Program, Court Building A, 515 Fifth Street NW, Room 109.
DC crime victim compensation ↗
3. Money the person was already owed. Search DC's unclaimed property before you borrow anything. Searching and claiming are free.
This is the big one for DC: the burial assistance money is gone as of September 30, 2025, so any guide still describing a DC burial grant is wrong. Under public disposition the ashes are buried at a local cemetery after an annual autumn memorial service the public can attend, and OCME warns that neither it nor the contracted funeral home can issue a death certificate, which has to come from DC Health Vital Records.
Last verified: August 8, 2026
Source: D.C. Code § 7-1531.01 et seq. (Uniform Anatomical Gift Act) ↗At a Glance
Register as a donor through the DC DMV when you get or renew your driver's license or ID card, or online at registerme.org/dc. Your registration is stored in the DC donor registry and is legally binding under DC's Uniform Anatomical Gift Act.
Registering is legally binding in DC. But tell your family. In practice, medical teams often defer to family objections even when a legal registration exists. Register AND have the conversation.
Under DC's Uniform Anatomical Gift Act, a registered donor's anatomical gift is legally binding, and nobody else can amend or revoke it after death (D.C. Code § 7-1531.07). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (D.C. Code § 7-1531.07(g)). As a practical matter, medical teams and organ procurement organizations still consult families, so make your intentions known to your family in advance.
Source: D.C. Code § 7-1531.07 (Preclusive effect of anatomical gift, amendment, or revocation) ↗
You can donate organs (heart, lungs, kidneys, liver, pancreas, intestines), tissues (corneas, skin, bone, heart valves, tendons), and your entire body for medical research. You can specify which organs or tissues you're willing to donate when you register.
Last verified: June 1, 2026
Source: DC Domestic Partnership Equality Amendment Act; D.C. Code § 32-701 et seq. ↗Washington, DC has recognized same-sex marriage since 2010 and domestic partnerships since 1992. Registered domestic partners have the same rights as spouses under DC law for purposes of intestate succession, healthcare decision-making, hospital visitation, and estate administration. This isn't true in every state, and it matters for DC residents.
Domestic partnership registration isn't automatic. You must register with the DC Department of Health. If you're in an unregistered long-term partnership, your partner has no default legal rights under DC intestacy law and can't make healthcare decisions for you without a healthcare proxy.
Domestic partnerships in DC are registered with the DC Department of Health, Vital Records Division. Both partners must be DC residents (or one must be a DC government employee), at least 18 years old, not married or in another domestic partnership, and not related by blood in a way that would prohibit marriage. The registration fee is $45.
Even with DC's strong protections, registered domestic partners and same-sex spouses shouldn't rely solely on default law. A will, healthcare proxy, durable power of attorney, and beneficiary designations on all financial accounts are still essential. Default intestacy rules can produce outcomes that don't match your wishes. Especially in blended families or where one partner has children from a prior relationship.
Same-sex marriages are fully recognized at the federal level following Obergefell v. Hodges (2015) and the Respect for Marriage Act (2022). This affects federal estate tax portability, Social Security survivor benefits, and federal pension rights. Domestic partnerships, however, aren't recognized at the federal level. Only marriages are.
Need Help in DC?
Wills, trusts, advance directives, and probate all benefit from a licensed professional. We've compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.
Find Help in DC →From The MORTL Edit
Sources: DC Code (code.dccouncil.gov), DC Office of Tax and Revenue (otr.cfo.dc.gov), DC Superior Court Probate Division (dccourts.gov), DC Department of Health Vital Records (doh.dc.gov), Washington Regional Transplant Community (wrtc.org). Individual sections are updated and re-dated whenever a law changes, which is why the date at the top of the guide can be newer than this one. The whole guide also gets a front-to-back review on a schedule. Last front-to-back review: June 2026.
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