Should You Get a Trust or a Will in District of Columbia?

In District of Columbia, a will-based plan pays probate 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; a funded revocable trust keeps those assets out of probate and off that fee.

In District of Columbia, a will-based plan pays probate 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; a funded revocable trust keeps those assets out of probate and off that fee. The trust also distributes assets faster than the 6 months to 12 months probate timeline a simple estate takes.

Probate in District of Columbia runs about $26,493D.C. Code § 20-753 (reasonableness review of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate in combined attorney, executor, and court fees. A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the District of Columbia probate calculator.

No. A will must go through probate in District of Columbia. A small estate may qualify for a simplified route: In District of Columbia, estates with personal property of $40,000D.C. Code § 20-351Verified Sep 8, 2026View source or less skip probate with the Transfer by AffidavitD.C. Code § 20-351Verified Sep 8, 2026View source, 60 daysD.C. Code § 20-351Verified Sep 8, 2026View source after death. The Transfer by Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court.

Simple estates in District of Columbia typically take 6 months to 12 months through probate; average estates 12 months to 18 months, and contested estates longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.

Yes. A will becomes a public court record once it enters probate in District of Columbia: the will, the inventory, the beneficiaries and the distributions. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.

Forms for Planning Your Estate in District of Columbia

Free forms for planning your estate in District of Columbia: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

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Last Will and Testament

In District of Columbia, a will is signed before 2D.C. Code § 18-103Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitD.C. Code § 18-103Verified Oct 18, 2026View source.

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Free

Pour-Over Will

In District of Columbia, a pour-over will is signed before 2D.C. Code § 18-103Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.

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$12/month

Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Free

Healthcare Power of Attorney

District of Columbia requires 2DC Code § 21-2207Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredDC Code § 21-2207Verified Oct 15, 2026View source.

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Free

Financial Power of Attorney

District of Columbia treats a power of attorney as durable by defaultD.C. Code §§ 21-2601.04, 21-2601.05, 21-2601.06, 21-2601.09, 21-2601.13, 21-2601.14, 21-2601.19, 21-2601.20, 21-2602.01, 21-2602.17, 21-2603.01, 21-2603.03Verified Sep 18, 2026View source, and it is signed before a notaryD.C. Code §§ 21-2601.04, 21-2601.05, 21-2601.06, 21-2601.09, 21-2601.13, 21-2601.14, 21-2601.19, 21-2601.20, 21-2602.01, 21-2602.17, 21-2603.01, 21-2603.03Verified Sep 18, 2026View source.

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Transfer on Death Deed

In District of Columbia, a transfer on death deed is signed before a notaryD.C. Code 19-604.01 to 19-604.19Verified Oct 18, 2026View source, then recorded with the county before the owner's deathD.C. Code 19-604.01 to 19-604.19Verified Oct 18, 2026View source.

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Free

Vehicle Transfer on Death

Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.

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Free

Living Will

In District of Columbia, the living will is the DeclarationD.C. Code Title 7, Ch. 6, Subch. II (Natural Death Act of 1981, D.C. Law 4-69), §§ 7-621 to 7-630Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.

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Tools for Planning Your Estate in District of Columbia

Free tools for planning your estate in District of Columbia: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

How Do I Sign Estate Documents?

Find witness, notary, and remote signing requirements for all 50 states.

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Will My Estate Documents Transfer?

Check if estate planning documents signed in one state are valid in another.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in District of Columbia runs $3,820Estimate: 10 hours at $382, Clio's District of Columbia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,730Estimate: 15 hours at $382, Clio's District of Columbia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in District of Columbia runs $1,041Estimate: 3 hours at $347, Clio's District of Columbia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,082Estimate: 6 hours at $347, Clio's District of Columbia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $26,493D.C. Code § 20-753 (reasonableness review of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In District of Columbia, a parent names a guardian for a minor child in a will or a separate signed writingD.C. Code §§ 21-102, 21-103(a), 21-105 (estate, by deed or will), 21-101(b), 21-107Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18D.C. Code § 46-101; see also § 21-104Verified Sep 15, 2026View source.

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Do I Need a Revocable Trust?

Probate in District of Columbia takes 6 months to 12 months for a simple estate and charges 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; assets held in a revocable trust skip both.

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What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in District of Columbia runs $3,820Estimate: 10 hours at $382, Clio's District of Columbia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,730Estimate: 15 hours at $382, Clio's District of Columbia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,041Estimate: 3 hours at $347, Clio's District of Columbia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,082Estimate: 6 hours at $347, Clio's District of Columbia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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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.