How to Make a Valid Will in District of Columbia

Who Can Make a Will in District of Columbia?

You must be at least 18 years old to make a will in District of Columbia. No specific statutory exception for emancipated minors in the will statute. 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)

Signing Requirements

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.. If you are physically unable to sign, 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)). 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.

Notarization in District of Columbia

Notarization is not required for a will to be valid in District of Columbia. 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

Self-Proving Affidavit

District of Columbia allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. 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

Handwritten (Holographic) Wills

District of Columbia does not recognize holographic wills. DC does not recognize unwitnessed holographic wills. A handwritten will is only valid if it has two witnesses and follows all standard execution requirements under DC Code 18-103

Electronic Wills

District of Columbia recognizes electronic wills. 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.

Oral (Nuncupative) Wills

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 a Will in District of Columbia

In District of Columbia, a will can be revoked by:

• •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.

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

Relevant District of Columbia Statutes

• DC Code 18-102 (Who may make a will)
• DC Code 18-103 (Execution of written will; attestation)
• DC Code 18-105 (Attesting witness; devise void)
• DC Code 18-107 (Nuncupative wills)
• DC Code 18-109 (Revocation of wills; revival)
• DC Code 18-901 et seq. (Electronic wills)
• DC Code 18-908 (Electronic will self-proving)
• D.C. Law 24-296 (Uniform Electronic Wills Amendment Act of 2022)