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

A will made in District of Columbia must be signed by you and by 2 witnesses to be valid. No. Your state does not provide a self-proving affidavit; your witnesses may need to testify or sign a statement after your death. Below is everything the signing cover sheet in your free District of Columbia will covers, generated from the same rules.

Make my free District of Columbia will

District of Columbia will requirements at a glance

Witnesses required	2
Self-proving affidavit	No
Notary required for the will	No
Notary for the affidavit	n/a
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	No
No-contest clause	Limited
Will execution statute	D.C. Code § 18-103
Financial POA statute	D.C. Code § 21-2101 et seq. (Uniform General Power of Attorney Act; durable powers § 21-2081 et seq.)
Healthcare directive statute	D.C. Code § 21-2201 et seq. (Health-Care Decisions Act; durable power of attorney for health care) and § 7-621 et seq. (Natural Death Act; living will declaration)

Witnesses

Two witnesses. The will must be in writing, 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 presence of the testator by at least two credible witnesses (D.C. Code § 18-103). Use adult witnesses who take nothing under the will: a gift to an attesting witness (or the witness's spouse) is void unless the will is also attested by two other disinterested witnesses, although the interested witness may still take what he or she would have received by intestacy (D.C. Code § 18-104). The statute does not require the witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Do you need a notary in District of Columbia?

No. Your state does not use a notary for wills, and does not provide a self-proving affidavit.

Self-proving affidavit

No. Your state does not provide a self-proving affidavit; your witnesses may need to testify or sign a statement after your death. What a self-proving affidavit does.

How to sign your will in District of Columbia

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, 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 presence of the testator by at least two credible witnesses (D.C. Code § 18-103). Use adult witnesses who take nothing under the will: a gift to an attesting witness (or the witness's spouse) is void unless the will is also attested by two other disinterested witnesses, although the interested witness may still take what he or she would have received by intestacy (D.C. Code § 18-104). The statute does not require the witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. The District does not provide for lifetime deposit of a will with the Probate Division; after death the custodian must deliver the will to the Register of Wills (D.C. Code § 18-109).
5. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse or domestic partner cannot be completely disinherited. The spouse may renounce the will and take the share he or she would have received by intestacy, but not more than one-half of the net estate (D.C. Code § 19-113). The election must be filed within six months after the will is admitted to probate.

Homestead

No special restriction on devising a homestead by will; the District has no general homestead exemption comparable to those of most states (see D.C. Code § 15-501 for personal exemptions).

If you die without a will in District of Columbia

If you die without a will in the District of Columbia, your spouse or domestic partner takes everything if you leave no descendants and no parents. If you leave parents but no descendants, the spouse takes three-quarters. If all of your descendants are also your spouse's and the spouse has no other descendants, the spouse takes two-thirds; if any descendant is not your spouse's, the spouse takes one-half (D.C. Code § 19-302). The rest passes to descendants, then parents, then siblings (D.C. Code §§ 19-301 to 19-312). More on intestacy.

Other estate-planning documents in District of Columbia

• Durable financial power of attorney: D.C. Code § 21-2101 et seq. (Uniform General Power of Attorney Act; durable powers § 21-2081 et seq.). A durable power of attorney must be in writing and signed by the principal; the District's statutory form calls for the principal's signature to be acknowledged before a notary public (D.C. Code §§ 21-2081, 21-2101). Sign before a notary and two adult witnesses who are not the agent, and record it with the Recorder of Deeds before using it for real estate.
• Advance healthcare directive: D.C. Code § 21-2201 et seq. (Health-Care Decisions Act; durable power of attorney for health care) and § 7-621 et seq. (Natural Death Act; living will declaration). A durable power of attorney for health care must be signed and dated by the principal in the presence of two adult witnesses, who also sign; a witness may not be the attorney-in-fact, the principal's health care provider or an employee of the provider, or a person entitled to any part of the estate or with a claim against it (D.C. Code § 21-2205). The District publishes a form and the statute directs that the power be in substantially that form (D.C. Code § 21-2207). A Natural Death Act declaration (living will) likewise requires two adult witnesses with similar restrictions (D.C. Code § 7-622). Notarization is not required.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: None — not authorized by statute; gifts of tangible property should be made in the will itself.

District of Columbia notes

• The District of Columbia does not provide a self-proving affidavit. At probate, a witness may be asked to sign a verification; ask both witnesses for their current addresses and phone numbers and keep them with the will.
• The District does not recognize holographic (unwitnessed handwritten) wills, and does not recognize a separate personal property memorandum; list gifts of specific items in the will itself.

Frequently asked questions

How many witnesses does a will need in District of Columbia?

District of Columbia requires 2 witnesses (D.C. Code § 18-103). Two witnesses. The will must be in writing, 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 presence of the testator by at least two credible witnesses (D.C. Code § 18-103). Use adult witnesses who take nothing under the will: a gift to an attesting witness (or the witness's spouse) is void unless the will is also attested by two other disinterested witnesses, although the interested witness may still take what he or she would have received by intestacy (D.C. Code § 18-104). The statute does not require the witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Does a will need to be notarized in District of Columbia?

No. Your state does not use a notary for wills, and does not provide a self-proving affidavit.

Does District of Columbia have a self-proving affidavit?

No. Your state does not provide a self-proving affidavit; your witnesses may need to testify or sign a statement after your death.

Are handwritten (holographic) wills valid in District of Columbia?

District of Columbia does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in District of Columbia?

A surviving spouse or domestic partner cannot be completely disinherited. The spouse may renounce the will and take the share he or she would have received by intestacy, but not more than one-half of the net estate (D.C. Code § 19-113). The election must be filed within six months after the will is admitted to probate.

What happens if I die without a will in District of Columbia?

If you die without a will in the District of Columbia, your spouse or domestic partner takes everything if you leave no descendants and no parents. If you leave parents but no descendants, the spouse takes three-quarters. If all of your descendants are also your spouse's and the spouse has no other descendants, the spouse takes two-thirds; if any descendant is not your spouse's, the spouse takes one-half (D.C. Code § 19-302). The rest passes to descendants, then parents, then siblings (D.C. Code §§ 19-301 to 19-312).

Is a no-contest clause enforceable in District of Columbia?

The District of Columbia has no statute on no-contest clauses. Courts applying District law have generally enforced them but construe them strictly, and a good-faith contest with probable cause may not trigger forfeiture. Treat enforceability as uncertain.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.