2026 data Public-data reference. official source

District of Columbia Estate & Inheritance Tax

Open-data reference.

Estate tax rates, exemptions, and probate costs for District of Columbia (DC)

1.6/5 Friendliness Has Estate Tax 0

State Estate Tax

Exemption $4,710,000
Top Rate 16%
Min Rate 11.2%
Portability No

DC estate tax: $4.71M exemption (2024). Graduated rates 11.2%-16%.

Inheritance Tax

No Inheritance Tax

Beneficiaries owe no state inheritance tax in District of Columbia

Probate Costs

Filing Fee $45–$300
Attorney Fee ~5% statutory
Timeline 9–18 months
Small Estate Threshold $40,000

Small estate: personal property under $40,000. DC also has real estate transfer tax.

Probate Code

Uniform Probate Code Not Adopted

District of Columbia has not adopted the UPC and follows its own probate statutes. Procedures may be more complex or vary by county.

Property System

Community Property No (Common Law)

District of Columbia follows common law (separate property) rules. Each spouse owns property individually unless jointly titled, which affects how assets pass through an estate.

Estate friendliness

1.6 /5

Composite of estate-tax presence, probate cost, UPC adoption, and timeline for District of Columbia.

Estate-tax exemption

$4,710,000

District of Columbia state estate-tax filing threshold.

Probate window

9-18 months

Filing-to-final-distribution range, varies with estate complexity & creditor claims.

Probate cost relative to estate value — District of Columbia 50.0%
National median

Statutory attorney fee approximately 5% of estate value, plus filing fees.

Beneficiary structure

How decedent estates allocate across heirs — IRC § 2056 marital + § 2055 charitable deductions

Estate share42%31%14%SpouseChildrenTrustCharityOther

District of Columbia probate timeline

Phase share of typical filing-to-distribution window — 9–18 months

District of Columbia probate10%15%25%20%25%PetitionNoticeInventoryClaimsTax filingDistribution

Source: Uniform Probate Code · state probate statutes As of varies by state

Federal Estate Tax Filings — District of Columbia

IRS Statistics of Income data showing estate tax returns filed by District of Columbia residents.

Filing Year Returns Filed Gross Estate Net Tax Paid State Death Tax
2023 32 $1.6B N/A $61,553K
2022 24 $1.3B $0.1B $60,210K
2021 25 $0.7B $0.0B $10,797K

Source: IRS Statistics of Income — Estate Tax Returns Filed (Table 2, by State of Residence). Dollar amounts in thousands. State rate / exemption tables compiled from Tax Foundation 2024 Estate & Inheritance Tax Survey.

What the District of Columbia Estate Data Reveals

District of Columbia layers a state estate tax on top of the federal regime — exemption of $4,710,000 with rates from 11.2% to 16%, and spousal portability is not recognized. For estates above this state threshold but below the federal $13,990,000 exemption (2025), state law is the binding constraint, which is exactly the bracket most affluent households fall into. There is no separate inheritance tax, so beneficiaries receive their share without a second state-level deduction at distribution.

IRS Statistics of Income data show 32 federal estate tax returns filed by District of Columbia residents in the most recent available year (filing year 2023), reporting $1.60 billion in combined gross estate value. Across the multi-year IRS SOI series above, District of Columbia averages roughly 27 taxable filings per year, with an effective federal rate on reported gross estates of about 3.9%.

Probate itself typically runs 9–18 months in District of Columbia (roughly 14 months on average), with court filing fees of $45–$300. Attorney compensation is set by statute at approximately 5% of the estate, which is a material fixed cost even for uncontested estates. District of Columbia does offer a simplified small-estate track for estates under $40,000, which most families use to bypass full formal probate. Because District of Columbia has not adopted the UPC, probate practice can vary materially by county and judicial district. As a common-law (separate property) state, District of Columbia treats each spouse's holdings individually unless jointly titled, so titling choices drive what actually enters the probate estate.

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District of Columbia Estate Tax FAQs

Does District of Columbia have an estate tax?

Yes. District of Columbia has a state estate tax with a $4,710,000 exemption. Rates range from 11.2% to 16%. This is in addition to the federal estate tax.

Does District of Columbia have an inheritance tax?

No. District of Columbia does not impose a state inheritance tax on beneficiaries. Unlike an estate tax (paid by the estate), an inheritance tax is paid by the person receiving the assets. Only six states currently levy this tax.

How long does probate take in District of Columbia?

Probate in District of Columbia typically takes 9 to 18 months. Estates under $40,000 may qualify for a simplified small estate procedure, which is significantly faster.

How much does probate cost in District of Columbia?

Court filing fees in District of Columbia range from $45 to $300. Attorney fees are typically 5% of the estate value (statutory).

Can you avoid probate in District of Columbia?

Yes. Common probate avoidance strategies in District of Columbia include revocable living trusts, transfer-on-death (TOD) deeds for real estate, payable-on-death (POD) accounts for bank and investment accounts, and joint ownership with right of survivorship. District of Columbia also offers a simplified process for small estates under $40,000.

How will the 2026 federal estate tax sunset affect District of Columbia residents?

The TCJA provisions are set to expire December 31, 2025, which would cut the federal exemption from $13,990,000 to approximately $7,000,000 per person. District of Columbia residents face both federal and state estate taxes, so the reduced federal exemption could mean a significantly larger combined tax bill for estates above the new threshold.

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Data sourced from official IRS Statistics of Income and state probate fee schedules. See our methodology for details. Retrieved and formatted by Kiznis Studio Editorial

Disclaimer: This information is provided for informational purposes only and does not constitute professional advice. Data is sourced from the IRS Statistics of Income. Consult a qualified professional before making decisions based on this data.

All federal data sources used on this page