If you live in Washington, DC, and you've been putting off your estate plan, here's the reality: without one, the District decides what happens to everything you own — your home, your savings, even who raises your kids. DC law makes that call for you, and it rarely matches what you'd have chosen. The good news is that creating an estate plan in DC isn't as complicated as most people fear. This guide walks you through exactly what an estate plan includes, the DC-specific rules that catch people off guard, and the steps to get it done in 2026. Here are seven strategies that genuinely work to avoid probate in Florida. Some take five minutes. Some need an attorney. All of them are worth knowing before you decide what's right for you.
What is an estate plan, and why does Washington, DC make it especially important?
An estate plan is a set of legal documents that control what happens to your money, property, and dependents if you pass away or become unable to make decisions. At its core, it answers three questions: who gets your assets, who makes decisions if you can't, and who takes care of the people who depend on you. DC residents have an extra reason to plan carefully — the District has its own estate tax, completely separate from the federal one, and the threshold is far lower than most people expect. For 2026, DC imposes an estate tax on estates above $4,988,400, with rates running from 11.2% to 16%. That sounds high until you add up a DC home, retirement accounts, and life insurance — many longtime homeowners are closer to that line than they realize.
There's a second DC trap: the District's estate tax exemption is not portable between spouses. Under federal law, a surviving spouse can use their late spouse's unused exemption automatically. DC offers no such thing — if a married couple doesn't plan correctly, one spouse's DC exemption can be lost forever. That single quirk is why couples with substantial assets in the District really shouldn't rely on a template plan.
What documents does a DC estate plan include?
A complete Washington, DC, estate plan is built from a few core documents. Most people need some combination of the following:
1. A last will and testament.
Your will names who inherits your property, who serves as your personal representative (DC's term for an executor), and — if you have minor children — who you want as their guardian. In DC, a will generally must be signed by you and witnessed by two people. Worth knowing: DC law requires that a will be filed with the court within 90 days after death, even in some cases where no estate is opened.
2. A revocable living trust.
A trust lets your assets pass to your loved ones without going through DC probate. You stay in full control while you're alive, and the person you name takes over smoothly when you're gone. Trusts are a central tool in our estate planning practice because they offer privacy and avoid court delays.
3. A durable power of attorney.
This names someone to handle your finances if you become incapacitated — paying bills, managing accounts, dealing with property — without a court having to step in.
4. An advance healthcare directive.
Sometimes called a living will, this spells out your medical wishes and names someone to make health decisions if you can't speak for yourself.
5. Beneficiary designations.
Your life insurance, IRA, and 401(k) pass directly to whoever you name on the account — outside your will entirely. These are easy to overlook and just as easy to leave outdated.
How does probate work in Washington, DC?
Probate is the court process for settling an estate, handled by the Probate Division of the DC Superior Court under DC Code Title 20. If you own assets in your name alone with no beneficiary attached, those assets typically have to go through probate before anyone can inherit them.
DC has a few tracks depending on the size of the estate:
- Small estate administration applies when the probate assets total $40,000 or less. It's a simplified, faster process.
- Standard (full) administration applies above that. A typical DC standard probate runs roughly nine to twelve months, and longer if the estate is complex or contested.
Within standard probate, DC also distinguishes between supervised administration (the court reviews filings on a set schedule) and unsupervised administration (the personal representative has more independence). A good plan aims to keep your family out of the slower, more expensive lanes — or out of probate altogether.
Not everything goes through probate, though. Assets that pass automatically — jointly owned property with right of survivorship, property held by married couples as tenancy by the entirety, and anything with a named beneficiary — skip the court process entirely. That's exactly why the planning steps below matter so much. If you'd like the full picture, our probate attorney can walk you through what would and wouldn't be subject to DC probate in your situation.
How do you create an estate plan in DC? A step-by-step
Here's the practical path from "I have nothing" to "I'm protected."
Step 1 — Take inventory of what you own. List your real estate, bank and investment accounts, retirement accounts, life insurance, business interests, and valuable personal property. You can't plan for assets you haven't accounted for.
Step 2 — Decide who gets what, and who's in charge. Name your beneficiaries, your personal representative, a guardian for minor children, and the people you trust to make financial and medical decisions if you can't.
Step 3 — Choose the right tools. A simple estate might only need a will, powers of attorney, and a healthcare directive. A larger DC estate — especially one near that $4,988,400 tax threshold — usually benefits from a trust and tax planning. If you also want to shield assets from future claims, it's worth looking at asset protection planning at the same time.
Step 4 — Sign everything correctly. DC has specific signing and witnessing requirements. A document that isn't executed properly can be challenged or thrown out, which defeats the entire purpose.
Step 5 — Fund your trust and update beneficiaries. If you create a trust, you have to actually transfer assets into it. And confirm every account beneficiary is current, because those designations override your will.
Step 6 — Review it regularly. Revisit your plan every few years and after big life events — marriage, divorce, a new child, a death, a major change in assets, or a move into or out of the District.
What happens if you die without an estate plan in DC?
If you die without a will in Washington, DC, you're considered "intestate," and DC's intestacy laws decide who inherits — not you. The District follows a fixed legal order, generally favoring spouses, and children, and working outward to more distant relatives from there.
The problem is that DC's default rarely matches real life. It doesn't account for blended families, unmarried partners, stepchildren you've raised, a charity you care about, or the friend you'd trust with your kids. And without a named guardian, a DC court decides who raises your minor children. Dying without a plan also tends to mean a slower, costlier probate and more stress for the people you leave behind. A plan puts those decisions back in your hands.
Frequently Asked Questions
Get your Washington, DC, estate plan in place
An estate plan is one of the most meaningful things you can do for the people you love — and in the District, where the estate tax reaches further than most people expect, planning early genuinely pays off. If you're ready to protect your family and put your wishes in writing, schedule a consultation with Fiducia Law. We'll review your situation, explain how DC law applies to you, and build a plan that fits your family, your assets, and your goals.
