Will requirements in the District of Columbia
DC is one of only two US jurisdictions where self-proving affidavits are not available — your witnesses may actually have to testify at probate — though it does authorize electronic wills.
The District of Columbia has a quirk that matters more than most: self-proving affidavits are not available here. DC and Ohio are the only two US jurisdictions in that position. Everywhere else, a notarized affidavit signed at execution lets a will be admitted without anyone testifying. In DC, your witnesses may genuinely need to be located and asked to confirm the signing.
That single fact should shape how you choose witnesses. Pick people who are likely to outlive you, likely to be findable, and unlikely to have moved across the country — because unlike in most states, their continued availability is not a formality you can buy your way out of at signing.
Who can make a will in DC
At a glance
18 or older, and of sound mind
You must be at least 18 and of sound mind. Capacity is judged at the moment of signing and asks whether you understood what you owned, who your natural heirs were, and what the document did.
Witness requirements
How many witnesses
Two witnesses, who sign in your presence
D.C. Code § 18-104
Purging statute with an intestate-share saving clause
A gift to an attesting witness is void, except that a witness who would inherit in intestacy keeps up to that intestate share
Two witnesses must sign in your presence. Given that DC has no self-proving affidavit, the choice of witnesses carries real weight — these are people your executor may have to find.
DC purges gifts to attesting witnesses, with one saving clause: a witness who would have inherited had you died without a will keeps up to that intestate share. Anything beyond it is void. A beneficiary who is not an heir at all and signs as a witness loses the gift entirely.
Whatever the District of Columbia allows, the safe practice is the same everywhere: use two disinterested witnesses who inherit nothing under the will.
Notarization and proving the will
At a glance
Self-proving affidavits are not available in DC; witnesses may need to testify at probate
This is the District's defining procedural feature. In almost every other jurisdiction you can attach a notarized self-proving affidavit at signing and spare your executor the job of proving execution. DC does not offer that mechanism, so proving the will can require witness testimony.
Two practical consequences follow. Choose witnesses who are younger than you, stable, and easy to trace, and record their full contact details somewhere your executor will find them. Second, DC has adopted the Uniform Electronic Wills Act, so an electronically executed will is authorized here — a different route with its own formalities, and one worth discussing with an attorney rather than attempting from an online template.
Handwritten (holographic) wills
At a glance
Not recognized
The District does not recognise holographic wills. A handwritten, unwitnessed document has no effect as a will here regardless of how clearly it sets out your intentions.
Combined with the absence of self-proving affidavits, DC is a jurisdiction where informality is punished at both ends: the shortcut is unavailable, and the formal route requires witnesses who can still be reached later.
Small estate procedure
At a glance
DC has a small-estate procedure, but published sources conflict materially about the current threshold
Confirm this with the Probate Division of the DC Superior Court.
The District offers an abbreviated probate route for small estates. We are not printing a figure: the sources available for this page disagree with one another by a wide margin, and choosing between them would mean guessing.
The Probate Division of the DC Superior Court publishes the current threshold and the forms that go with it. Confirm there before assuming an estate qualifies.
Community property or common law
At a glance
Common law (separate property) district
DC follows common law property rules. Ownership tracks title rather than being automatically split between spouses because assets were acquired during the marriage.
A surviving spouse in DC has an elective share, so a spouse cannot simply be written out by will. DC's rules also recognise domestic partnerships in ways that affect inheritance, which is worth raising with an attorney if it applies to you.
Advance directives and powers of attorney
At a glance
Statutory living will and durable power of attorney for health care
DC provides a statutory living will and a durable power of attorney for health care, letting you name someone to make medical decisions if you cannot. These matter while you are alive, which is the gap a will never covers.
A separate durable power of attorney handles financial affairs. Because many DC residents hold accounts and property in Maryland or Virginia, it is worth checking that your documents will be accepted across the state line.
Frequently asked about the District of Columbia wills
- Why can't I make my DC will self-proving?
- The District is one of only two US jurisdictions — DC and Ohio — that do not offer the self-proving affidavit mechanism. Everywhere else, a notarized affidavit signed at execution lets a will be admitted without witness testimony. In DC, proving the will can require your witnesses to confirm the signing at probate. The practical response is to choose witnesses who will be findable years from now, and to leave their contact details with your will.
- Who should I pick as witnesses in DC?
- People younger than you, geographically stable, and unconnected to your estate. Because DC has no self-proving affidavit, your witnesses may actually be called on, so a neighbour who is likely to move or an elderly friend is a poorer choice here than it would be elsewhere. They should also inherit nothing under the will, since DC voids gifts to attesting witnesses except up to an intestate share.
- Can I sign a will electronically in DC?
- The District has adopted the Uniform Electronic Wills Act, so electronic wills are authorized. That is a genuinely different execution process with its own requirements, and this is a fast-moving area of law. If you want to go that route, work with a DC attorney rather than relying on a generic online service, and confirm the current procedure before executing.
- Are handwritten wills valid in DC?
- No. The District does not recognise holographic wills. A handwritten, unwitnessed document is not a valid will in DC regardless of how clear it is. You need a written will signed before two witnesses.
This is not legal advice
This page is general information about the District of Columbia law, not legal advice, and reading it does not create an attorney-client relationship. Statutes change, courts interpret them differently, and the right answer depends on facts this page cannot know. Legacy Suite is not a law firm — before you sign or rely on anything, consult an attorney licensed in the District of Columbia.
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