How to Make a Valid Will in District of Columbia
District of Columbia has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in DC.
District of Columbia Will Requirements at a Glance
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. The testator must be of sound and disposing mind and capable of executing a valid deed or contract (DC Code 18-102)
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten, but all wills must meet standard execution requirements. Electronic wills are recognized under DC Code 18-901 et seq.. 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. Must be credible witnesses. Witnesses must attest and subscribe in the presence of the testator. The testator must either sign before the witnesses or declare to them that the signature is theirs and state that the document is their last will and testament (DC Code 18-103).
Interested witnesses: A devise or legacy to an attesting witness is void under DC Code 18-105. The interested witness may not retain or demand any such devise or legacy. This is one of the strictest interested witness rules in any jurisdiction
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 DC Code 18-901 et seq. (Uniform Electronic Wills Amendment Act of 2022, D.C. Law 24-296). An electronic will must be readable as text at signing, electronically signed by the testator, and witnessed. Electronic wills may be made self-proving under DC Code 18-908
Oral (Nuncupative) Wills
Nuncupative wills made after January 1, 1902 are not valid except for persons in actual military or naval service or mariners at sea, who may dispose of personal property by word of mouth. The oral will must be reduced to writing within ten days of its making (DC Code 18-107)
How to Revoke a Will in District of Columbia
In District of Columbia, a will can be revoked by:
- •Executing a later will, codicil, or other writing declaring the revocation, executed as provided by DC Code 18-103
- •By implication of law
DC Code 18-109. Notably, DC does not explicitly include physical destruction (burning, tearing, etc.) as a method of revocation in the statute. Revocation must generally be by a subsequent written instrument executed with the same formalities as a will, or by implication of law
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)
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