Washington, D.C.

At a Glance

The filing deadline.

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.

Who files it.

The funeral director or person acting as funeral director is responsible for filing the death certificate. The attending physician, medical examiner, or coroner must certify the cause of death. If the death is unexpected or violent, the Office of the Chief Medical Examiner (OCME) takes jurisdiction.

Who can order certified copies.

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.

• –DC Vital Records Division: doh.dc.gov/service/vital-records
• –Cost: $18 per certified copy
• –Online, mail, and in-person ordering available
• –Expedited processing available for an additional fee

DC is not a state. Jurisdiction matters.

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.

How do I get a death certificate in Washington, D.C.?

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. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Washington, D.C.?

$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.

At a Glance

Will requirements in DC.

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 does not recognize holographic (handwritten, unwitnessed) wills.

Small estate threshold: $40,000.

Estates with a total probate value of $40,000 or less qualify for DC's simplified Small Estate Proceeding under D.C. Code § 20-351. This is 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 does not offer a pure affidavit bypass; court involvement is still required.

• –Small estate threshold: $40,000 (D.C. Code § 20-351)
• –Typical timeline: up to 120 days
• –No surety bond required for small estates (D.C. Code § 20-354)
• –File with: DC Superior Court, Probate Division (dccourts.gov)

Standard and abbreviated probate.

For estates above $40,000, 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.

Timeline and costs.

Unsupervised abbreviated probate typically takes 6–9 months. Supervised administration runs 12–18 months. Contested estates can take 1–3 years. Court filing fees start at $25 for real property plus a value-based fee for personal property. DC probate attorneys charge $300–$600 per hour. Some of the highest rates in the country. Budget $4,000–$8,000 for a straightforward estate.

The creditor claim period.

After the personal representative is appointed, creditors have six months to file claims against the estate. The personal representative must publish notice of the estate proceeding in a DC newspaper. Do not distribute assets before this window closes.

Avoiding probate.

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.

How long does probate take in Washington, D.C.?

A straightforward Washington, D.C. probate typically runs 6–9 months, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Washington, D.C.?

$40,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Washington, D.C.?

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.

Does Washington, D.C. allow transfer-on-death deeds?

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 are 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's intestacy rules are specific. And they may surprise you.

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.

What your spouse or domestic partner gets.

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.

• –Spouse only (no descendants or parents): 100% to spouse
• –Spouse + parents (no descendants): 75% to spouse, 25% to parents
• –Spouse + joint descendants only: 2/3 to spouse, 1/3 to descendants
• –Spouse + blended family: 50% to spouse, 50% to descendants
• –Source: D.C. Code § 19-302

Children's shares.

If you die without a spouse but with children, your children inherit everything in equal shares. Stepchildren do not inherit under intestacy unless legally adopted. Children born outside of marriage inherit equally with children born within marriage under DC law.

What happens if you have no close relatives.

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.

At a Glance

DC has its own estate tax. And it catches people who think they're safe.

Washington, DC imposes a separate estate tax on estates exceeding $4,988,400 (2026 threshold, adjusted annually for inflation). 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 are below the federal threshold and stop planning.

DC estate tax rates (2026).

The DC estate tax is graduated, running from 11.2% to 16% on the taxable portion of the estate above the exemption.

• –$4,988,400–$5,000,000: 11.2%
• –$5,000,000–$6,000,000: 12%
• –$6,000,000–$7,000,000: 12.8%
• –$7,000,000–$8,000,000: 13.6%
• –$8,000,000–$9,000,000: 14.4%
• –$9,000,000–$10,000,000: 15.2%
• –$10,000,000+: 16%
• –Source: DC Office of Tax and Revenue, Form D-76

No inheritance tax. No gift tax.

DC does not impose an inheritance tax (a tax on the person receiving assets). DC also does not have its own gift tax. The federal gift tax annual exclusion is $19,000 per recipient in 2026.

Filing the DC estate tax return.

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 nine months of the date of death. An extension of up to six months is available, but any tax owed must still be paid within nine months to avoid interest and penalties.

Planning strategies for DC residents.

Because the DC exemption is not portable, married couples often use credit shelter trusts (also called bypass trusts or AB trusts) to fully utilize both spouses' exemptions. Irrevocable life insurance trusts (ILITs), charitable trusts, and annual gifting programs are also commonly used. If your estate is approaching $5 million, this is not a DIY situation. Get a DC estate planning attorney.

Does Washington, D.C. have an estate tax?

Yes. Washington, D.C. levies its own estate tax, with a state exemption of $4.99 million and rates of 11.2%–16%. The federal estate tax can also apply, but only to estates over $15 million per person (2026).

Does Washington, D.C. have an inheritance tax?

No. Washington, D.C. does not tax inheritances. Heirs owe no state tax on what they receive, though the estate itself can owe state estate tax before anything is distributed.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

DC's advance directive covers both healthcare proxy and living will.

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.

Execution requirements.

A DC advance directive must be signed by the principal (you) in the presence of two adult witnesses. The witnesses cannot be your healthcare agent, your healthcare provider, an employee of your healthcare provider, or anyone who would inherit from your estate. Notarization is not required under DC law, but some facilities prefer it.

• –Minimum age: 18
• –Witnesses required: 2 adults
• –Witnesses cannot be: your agent, your healthcare provider, or your heirs
• –Notarization: not required but recommended
• –Source: D.C. Code § 21-2205

The MOST form.

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.

Revocation.

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.

Where to file it.

DC does not 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 cannot open in an emergency.

Where do I get Washington, D.C.'s advance directive form?

The controlling law is D.C. Code Title 21, Chapter 22 (DC Healthcare Decisions Act), linked as this section's source. Most people use the free statutory form: Washington, D.C.'s health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Washington, D.C. require a notary or witnesses for an advance directive?

Washington, D.C. requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

Authorization for cremation.

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 is a conflict among family members of equal priority, the funeral home may require a court order.

Burial permits.

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.

Home burial is not permitted in Washington, DC. The District does not have the rural land or zoning framework that allows home burial in some states. All burials must occur in a licensed cemetery.

Green burial.

DC does not 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.

Pre-need funeral arrangements.

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.

At a Glance

How to register in DC.

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.

Your family cannot override your registration.

Under DC's Uniform Anatomical Gift Act (D.C. Code § 7-1531.01 et seq.), a registered donor's anatomical gift is legally valid and cannot be revoked by family members after death. However, as a practical matter, medical teams sometimes defer to family wishes. Make your intentions known to your family in advance.

What you can donate.

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 are willing to donate when you register.

• –DC donor registry: registerme.org/dc
• –OPO serving DC: Washington Regional Transplant Community (wrtc.org)
• –Minimum age to register: 18 (parents may register minors)

DC has among the strongest LGBTQ+ protections in the country.

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 is not true in every state. It is a meaningful distinction for DC residents.

Registering a domestic partnership.

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.

• –Register at: doh.dc.gov/service/domestic-partnerships
• –Fee: $45
• –Both partners must appear in person with valid ID
• –Source: D.C. Code § 32-702

Estate planning implications.

Even with DC's strong protections, registered domestic partners and same-sex spouses should not 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 do not match your wishes. Especially in blended families or where one partner has children from a prior relationship.

Federal recognition.

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, are not recognized at the federal level. Only marriages are.