Probate Timeline & Court Filing Fees: DC vs MD vs VA
Updated for 2026. How long probate takes, what each court charges, and when you can actually sell the house — across all three DMV jurisdictions.
Most heirs in the DMV don't live in just one jurisdiction. A parent passes in Maryland, an executor lives in Virginia, the inherited rental sits in DC. The probate rules — and the cost — change at every county line. This page is the plain-English comparison we wish existed when we started helping families.
Sources: DC Superior Court Probate Division, Maryland Register of Wills, Virginia Circuit Court Clerk offices. Verify current fees with the relevant court before filing.
Quick facts by jurisdiction
- •Single jurisdiction — one court, one Register of Wills
- •No state-level probate tax
- •Abbreviated probate available for small estates ≤ $40,000
- •House sale typically allowed once Letters issue (30–60 days)
- •Each county has its own Register of Wills
- •Inheritance tax applies to non-lineal heirs (10%)
- •Strict 6-month creditor claim window
- •Modified administration available if all heirs agree
- •Fastest of the three for straightforward estates
- •Filed in Circuit Court (Fairfax, Arlington, Loudoun, Prince William)
- •Small estate affidavit available with no qualification
- •Will-based power of sale lets the house close without court approval
Timeline comparison
| Topic | Washington DC | Maryland | Northern Virginia |
|---|---|---|---|
| Typical full probate (no disputes) | 8–14 months | 9–18 months | 6–12 months |
| Small estate / simplified process | ≤ $40,000 personal property — abbreviated probate, ~2–4 months | ≤ $50,000 (or ≤ $100,000 if spouse is sole heir) — small estate, ~2–3 months | ≤ $50,000 personal property — small estate affidavit, no qualification needed |
| When can the house be sold? | After Letters of Administration are issued (typically 30–60 days from petition) | After Letters and the 6-month creditor claim window is satisfied or bond posted | After qualification — often within 30 days; court approval not required if will grants power |
| Mandatory creditor notice period | Published notice + 6 months from first publication | 6 months from date of death OR 2 months from notice, whichever is later | Notice to creditors required; 1-year claim window from qualification |
| Required inventory filing | Within 90 days of appointment | Within 3 months of appointment | Within 4 months of qualification |
Filing fees, taxes & bond requirements
| Topic | Washington DC | Maryland | Northern Virginia |
|---|---|---|---|
| Petition / opening filing fee | $25 (Register of Wills) | Sliding scale: $50 (estates ≤ $10k) up to $2,500 (estates > $5M) | Sliding scale: ~$26 (≤ $50k) up to ~$1,266 (≥ $1M) — plus tax |
| Probate tax | None at the District level | Inheritance tax: 10% to non-lineal heirs; 0% to spouse, children, parents | State probate tax: $0.10 per $100 of estate value; local tax up to an additional $0.0333 per $100 |
| Personal representative bond | Usually required unless will waives; cost depends on estate size | Required unless waived in will; based on estate value | Required at qualification unless will waives; surety bond based on estate value |
| Recording fees (deed transfers) | Recordation tax: 1.1% (≤ $400k) or 1.45% (> $400k) of consideration | 0.5% state transfer tax + 1% county (varies); recordation tax ~$3.45–$10 per $500 | Grantor tax: $0.50 per $500; recording: $0.25 per $100 |
| Where to file | DC Superior Court — Probate Division, 515 5th St NW | Register of Wills in the decedent's county of residence | Circuit Court Clerk in the decedent's county or city of residence |
What this means for selling the house
DC and Virginia are usually the fastest paths to closing on an inherited property — often inside 60–90 days from the day the executor is appointed, especially when the will grants power of sale.
Maryland is the slowest of the three. The 6-month creditor claim window is enforced strictly, and most title companies will not close a sale until that window has passed or a sufficient bond is on file.
If the estate is small (under the small-estate thresholds above), all three jurisdictions offer abbreviated procedures that can wrap up in 60–90 days. Don't default to full probate if you don't need it.
Need help moving faster?
We work with executors and heirs across all three jurisdictions every week. If you want a plain-English walkthrough of your specific situation, grab the free guide or reach out — no obligation, no pressure.
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