How to Write a Will in District of Columbia (2026 Guide)

This is general legal information for District of Columbia, not legal advice. Will laws change, and specific situations can have exceptions. For any complex case, consult a licensed attorney in District of Columbia.

Why Having a Will Matters

A will is the simplest, clearest way to say what happens to your property, your minor children, and your affairs after you die. Without one, you die "intestate" and District of Columbia’s default inheritance rules (called intestate succession) take over. Those rules are rigid and generic — they do not know your relationships, your intentions, or the people you care about most. They follow a fixed formula.

The cost of skipping a will is not hypothetical. It plays out the same way in District of Columbia as everywhere else: unmarried partners locked out, stepchildren with nothing, pets in shelters, court-appointed administrators, family disputes over items and money, and a probate process that is slower, messier, and more expensive than it needed to be. Whatever you own — even if you think it’s "not much" — someone will have to deal with it after you’re gone. A will decides whether that someone is you or a judge.

A simple District of Columbia will takes about ten minutes to draft using a free tool and costs nothing. You can start drafting yours now. The rest of this guide walks you through what makes a will legally valid in District of Columbia and how to avoid the technical mistakes that most commonly cause wills to be thrown out.

District of Columbia Will Requirements at a Glance

• Minimum age: 18 years old (No specific statutory exception for emancipated minors in the will statute)
• Written form: Must be in writing and signed by the testator, or by another person in the testator's presence and by the testator's express direction, and attested and subscribed in the testator's presence by at least two credible witnesses; otherwise the will is void (DC Code 18-103). 18-103 names no medium, so a typed, printed or handwritten will is valid only if it is signed and witnessed this way. 18-103 has no exception for unwitnessed handwritten (holographic) wills. Two exceptions to 18-103: (1) Nuncupative (oral) wills under DC Code 18-107. Only a person in actual military or naval service or a mariner at sea may make one, and it can dispose of personal property only. It is valid only if proved by at least two witnesses who were present and asked by the testator to bear witness, made during the last illness, and its substance is reduced to writing within 10 days. (2) Electronic wills under DC Code 18-901 et seq. (D.C. Law 24-296). Under 18-905(a) the will must be a record readable as text at the time of signing. It must be signed by the testator, or by another individual in the testator's name, in the testator's physical presence and by the testator's direction. At least 2 individuals must sign in the testator's physical or electronic presence, each a resident of a state and physically located in a state at the time of signing, within a reasonable time after witnessing the signing or the testator's acknowledgment.
• Witnesses required: 2
• Notarization: Not required for a standard signed will
• Self-proving affidavit: Yes — recommended, it speeds up probate later
• Holographic (handwritten) wills: No
• Electronic wills: Yes

Testamentary Capacity

At the time of executing or acknowledging the will, the testator must be of sound and disposing mind and capable of executing a valid deed or contract; a will, testament, or codicil is not valid for any purpose otherwise (DC Code 18-102)

Signature Requirements in District of Columbia

You must personally sign the will. District of Columbia does allow proxy signing in specific cases: Another person may sign in the testator's presence and by the testator's express direction (DC Code 18-103)

Witness Requirements in District of Columbia

District of Columbia requires 2 witnesses. At least two credible witnesses (DC Code 18-103(2))

Presence rules: The will must be attested and subscribed by the witnesses in the presence of the testator (DC Code 18-103(2)). The testator, or another person in the testator's presence and by the testator's express direction, must sign it (18-103(1)). DC Code 18-103 contains no requirement that the testator sign in front of the witnesses, acknowledge the signature to them, or declare the document to be a will. Nuncupative wills (18-107) and electronic wills (Chapter 9) are outside 18-103.

Interested witnesses: A gift to an attesting witness is void as to that witness and anyone claiming under them (DC Code 18-104(a)). Exceptions: (1) a witness who would inherit if the will were not established still takes the gift, up to the amount of their intestate share (18-104(b)); (2) the voidance does not apply to charges on real estate for the payment of debts (18-104(c)). The interested witness remains a competent witness to the will's execution (18-104(d)). DC Code 18-105 bars anyone from demanding, receiving or accepting such a void gift, or any compensation for it, directly or through another person.

The safest approach in every state, including District of Columbia, is to use witnesses who are adults, not beneficiaries under the will, and not the person you’ve named as executor. This avoids any question about whether a witness’s inheritance could be "purged" for being an interested party.

Notarization and Self-Proving Affidavits

District of Columbia does not require a will to be notarized to be valid. A signed and witnessed will is enough. Not required for standard wills. DC historically did not have a traditional self-proving affidavit for paper wills. Electronic wills may be made self-proving with notarization

District of Columbia does allow a self-proving affidavit, which is a short notarized document attached to the will where you and your witnesses swear under oath that everything was signed properly. It is optional, but it is strongly recommended — a self-proving affidavit means the probate court can admit the will without having to contact your witnesses later. For traditional paper wills, DC historically did not provide a self-proving affidavit. The Uniform Electronic Wills Amendment Act of 2022 introduced self-proving provisions for electronic wills under DC Code 18-908, requiring acknowledgment by the testator and affidavits of witnesses before an authorized officer

Holographic, Electronic, and Oral Wills in District of Columbia

Holographic (handwritten) wills: Not recognized in District of Columbia. A valid will must be typed or printed and signed in front of witnesses.

Electronic wills: Recognized in District of Columbia under specific conditions. DC recognizes electronic wills under D.C. Code § 18-901 et seq. (Uniform Electronic Wills Act, enacted by D.C. Law 24-296, the Uniform Electronic Wills Amendment Act of 2022, effective Mar. 10, 2023). Under D.C. Code § 18-905(a), an electronic will must be (1) a record readable as text at the time of signing; (2) signed by the testator, or by another individual in the testator's name, in the testator's physical presence and by the testator's direction; and (3) signed in the physical or electronic presence of the testator by at least 2 individuals, each a resident of a state and physically located in a state at the time of signing, within a reasonable time after witnessing the signing of the will or the testator's acknowledgment of the signing or of the will (subject to § 18-908(d); harmless-error rule in § 18-906). Testator intent that the record be the electronic will may be established by extrinsic evidence (§ 18-905(b)). Under § 18-908(a), an electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses.

Nuncupative (oral) wills: Recognized in District of Columbia under very limited circumstances. A nuncupative will made after January 1, 1902 is not valid in DC, except that a person in actual military or naval service or a mariner at sea may dispose of his personal property by word of mouth, if ALL of the following are met: (1) the oral disposition is proved by at least two witnesses who were present at the making and were requested by the testator to bear witness that the disposition was his last will; (2) the will is made during the time of the last illness of the deceased; and (3) the substance of the will is reduced to writing within 10 days after it was made (DC Code 18-107)

How to Revoke or Update a District of Columbia Will

If you already have a will and want to change it, District of Columbia recognizes these revocation methods: A later will, codicil, or other writing declaring the revocation, executed as provided by DC Code 18-103 or 18-107, Burning, tearing, cancelling, or obliterating the will or codicil (or the part thereof) with the intention of revoking it, by the testator himself, or by a person in his presence and by his express direction and consent, By implication of law. DC Code 18-109(a). A will or codicil, or a part of it, can be revoked only by (1) a later will, codicil, or other writing declaring the revocation, executed as provided by 18-103 or 18-107; (2) a physical act (burning, tearing, cancelling, or obliterating) with intent to revoke, by the testator or by another person in the testator's presence and by the testator's express direction and consent; or by implication of law. Partial revocation is permitted. Revival (18-109(b)): a revoked will or codicil can be revived only by re-execution or by a codicil executed as a will must be, and only to the extent an intention to revive is shown.

The cleanest approach is to draft a new will that starts with the sentence "I revoke all previous wills and codicils," then sign it with the proper witnesses. Destroy old copies when you do. Small updates can technically be done by codicil (a formal amendment), but a fresh will is usually easier to read and harder to contest.

Special Provisions in District of Columbia

DC is a separate property jurisdiction. Provides an elective share for the surviving spouse. DC has a unique revocation statute that appears to require a written revocation instrument rather than permitting revocation by physical destruction alone. DC's interested witness rule is strict: devises to attesting witnesses are void under DC Code 18-105. DC adopted the Uniform Electronic Wills Amendment Act of 2022 (D.C. Law 24-296). Nuncupative wills permitted only for military personnel and mariners, with a 10-day writing requirement

Step-by-Step: Writing a Valid District of Columbia Will

1. Take inventory. Bank accounts, vehicles, property, valuables, digital assets, pets.
2. Decide who gets what. Be specific for items that matter (names, addresses, account identifiers). Use a residuary clause ("everything else goes to...") to catch anything you forget.
3. Name an executor. The person who handles your estate. Pick someone trustworthy, organized, and likely to outlive you. Name a backup too.
4. Name a guardian for minor children if you have kids under 18. This is the single most important reason for a will if you’re a parent.
5. Draft the document. Our free drafting tool generates a District of Columbia-specific will in about 10 minutes, with all the correct clauses in the correct order.
6. Print the will. Don’t rely on a digital copy for signing.
7. Sign in front of 2 adult witnesses who are not named as beneficiaries. You all need to be in the same room at the same time. You sign first, they sign while watching.
8. Sign the self-proving affidavit in front of a notary. This is optional but speeds up probate later.
9. Store it somewhere findable. A fireproof home safe is the standard choice. Tell your executor where it is.
10. Review every few years and after major life events (marriage, divorce, new child, moving out of District of Columbia, major asset changes).

Common District of Columbia Will Mistakes to Avoid

• Wrong number of witnesses. District of Columbia requires 2. More is fine; fewer invalidates the will.
• Using a beneficiary as a witness. Can cause the beneficiary’s share to be "purged" (forfeited).
• Not signing in the witnesses’ presence. The signing has to happen as a ceremony, with everyone in the same room.
• Forgetting a residuary clause. Without it, anything you didn’t specifically mention falls into intestate succession.
• Storing the will where nobody can find it. An unfindable will is the same as no will.
• Not updating after major life events. An ex-spouse named in an old will can still inherit in some situations.

Need to Check Details?

You can also read the full District of Columbia will requirements and the District of Columbia estate planning guide for background on intestate succession, probate, and related topics.

Start Your District of Columbia Will Now

The easiest way to get a valid District of Columbia will done today is our free drafting tool. It walks you through the questions, generates a District of Columbia-specific document with the correct clauses, and gives you signing instructions tailored to District of Columbia’s requirements. No account, no cost, nothing stored on our servers. You’ll have a draft ready in about ten minutes.

Whatever you decide, decide. A simple will is one of the most meaningful things you can leave the people you love — and it’s one of the easiest things to put off until it’s too late.