What Are the Burial and Cremation Laws in District of Columbia?
District of Columbia allows you to name your own agent in a signed, written documentD.C. Code § 3-413(b)Verified Sep 10, 2026View source, and that designation takes priority over the statutory order of next of kin who otherwise control disposition of the remains.
Frequently Asked Questions
Burial on private property is not permittedD.C. Code § 43-121Verified Sep 10, 2026View source in District of Columbia; burial takes place in an established cemetery.
District of Columbia imposes no statutory minimum waiting periodD.C. Code § 7-231.17Verified Sep 10, 2026View source before cremation. A medical examiner or coroner authorizes the cremation before it proceeds. The funeral director must obtain: (1) authorization from the person with rights to control final disposition per § 3-413; (2) a permit from the Registrar; (3) a filed death certificate on security paper; AND (4) additional authorization from the Office of the Chief Medical Examiner in a format prescribed by the Registrar — required specifically for cremation, resomation, or burial at sea (§ 7-231.17).
District of Columbia sets a statutory order for who controls the disposition of remains: the competent surviving spouse, or domestic partner, then the sole surviving competent adult child of the decedent, or if there is more than one, the majority of the surviving competent adult children, then the surviving competent parent or parents of the decedentD.C. Code § 3-413(a)Verified Sep 10, 2026View source. The state allows you to name your own agent in a signed, written documentD.C. Code § 3-413(b)Verified Sep 10, 2026View source, and that designation takes priority over the default order. Those wishes can be recorded alongside the rest of an estate plan when you create a revocable living trust.
Embalming is not required by lawD.C. Code § 43-121Verified Sep 10, 2026View source in District of Columbia. D.C. Code § 43-125 prohibits embalming within 4 hours after death or before a death certificate is issued. If death appears non-natural or cause is unknown, the death certificate must be signed or approved by the Chief Medical Examiner before embalming. Tissue donation by licensed professionals may proceed immediately without the 4-hour restriction, except for bodies in OCME custody.
In District of Columbia, a licensed funeral director is required for the dispositionD.C. Code § 3-411(a)Verified Sep 10, 2026View source. DC requires a licensed funeral director for disposition.
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Learn moreForms for Planning and Settling an Estate in District of Columbia
Free District of Columbia forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Petition for Probate and Letters
In District of Columbia, the petition asks the Superior Court of the District of Columbia, Probate Division to appoint the personal representative, whose authority is proved by Letters of Administration; every appointment goes through the courtD.C. Code § 20-312(a)-(b) (permanent text: the Court appoints the PR and admits the will; Register of Wills is the Clerk of the Probate Division, not an appointing officer)Verified Sep 8, 2026View source.
Notice to Creditors
In District of Columbia, the notice to creditors is published for 2D.C. Code §§ 20-704, 20-903, 20-905, 20-906, 20-908Verified Sep 15, 2026View source weeks in a local newspaper, and creditors have 6 monthsD.C. Code § 20-903Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In District of Columbia, a person named as personal representative may renounce the right to serveD.C. Code § 20-303(b)(1), (c-1)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In District of Columbia, the Transfer by AffidavitD.C. Code § 20-351Verified Sep 8, 2026View source covers estates with personal property of $40,000D.C. Code § 20-351Verified Sep 8, 2026View source or less, 60 daysD.C. Code § 20-351Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In District of Columbia, the personal representative files the estate inventory within 90 daysD.C. Code §§ 20-711 to 20-713.01Verified Sep 15, 2026View source of appointment.
Estate Closing
In District of Columbia, the personal representative is discharged automatically once the statutory period runsD.C. Code § 20-1301; § 20-735(b)Verified Sep 15, 2026View source, and a final accounting is required.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In District of Columbia, a will is signed before 2D.C. Code § 18-103Verified Sep 15, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitD.C. Code § 18-103Verified Sep 15, 2026View source.
Tools for Planning and Settling an Estate in District of Columbia
Free calculators and checklists for planning or settling an estate in District of Columbia: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in District of Columbia costs an estimated $26,493D.C. Code § 20-753 (reasonableness review of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2%D.C. Code § 20-753 (reasonableness review of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.1%D.C. Code § 20-753 (reasonableness review of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in District of Columbia, a surviving spouse takes the first $0 plus two-thirds of the restD.C. Code § 19-302Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesD.C. Code § 19-307Verified Sep 10, 2026View source.
How Much Are Estate & Inheritance Taxes?
District of Columbia levies an estate taxD.C. Code § 47-3702Verified Sep 15, 2026View source above $4,988,400D.C. Code § 47-3702Verified Sep 15, 2026View source (top rate 16%D.C. Code § 47-3702Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In District of Columbia, beneficiaries owe no inheritance tax and the estate pays any estate taxD.C. Code § 47-3702Verified Sep 15, 2026View source above $4,988,400D.C. Code § 47-3702Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 12 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in District of Columbia take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesD.C. Official Code § 47-1806.03(a)(11) (graduated rates, TY2022+)Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in District of Columbia costs an estimated $26,493D.C. Code § 20-753 (reasonableness review of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 6 months to 12 months for a simple estate, with attorney fees of typically 2%D.C. Code § 20-753 (reasonableness review of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.1%D.C. Code § 20-753 (reasonableness review of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate. Estates under $40,000D.C. Code § 20-351Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
District of Columbia pays executors reasonable compensationD.C. Code § 20-751 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
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District of Columbia Estate Planning Resources
In-depth guides covering District of Columbia probate laws, trust requirements, and estate planning strategies.