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District of Columbia Will Requirements
Pillar GuideDistrict of Columbia16 min read

District of Columbia Will Requirements

D.C. will requirements: age 18, sound mind, a signed writing and two credible witnesses (D.C. Code § 18-103). No holographic wills; e-wills allowed.

By Settled Editorial

District of Columbia will requirements come down to one short section of the D.C. Code. The person making the will (the testator) must be at least 18 and of sound and disposing mind. The will must be in writing and signed by the testator, or by another person in the testator's presence and at his express direction. At least two credible witnesses must then attest and subscribe it in the testator's presence. Miss any of those steps and D.C. Code § 18-103 calls the will void. (See D.C. Code § 18-102 and D.C. Code § 18-103.)

Two narrow paths sit outside that rule: an oral will for a service member or a mariner at sea (§ 18-107), and an electronic will under the District's Uniform Electronic Wills Act (§§ 18-901 to 18-911). There is no exception for a handwritten will signed without witnesses.

Use this page as a planning map, not a do-it-yourself signing kit. The Probate Division of the Superior Court applies these rules to the facts of each will, and one signing slip can void the document. When real estate, a blended family or a likely dispute is involved, confirm the plan with a lawyer licensed in the District before anyone signs.

Who Can Make a Will in D.C.

D.C. Code § 18-102 sets two conditions. A will, testament or codicil "is not valid for any purpose" unless the maker:

  • Is at least 18 years old. A person under 18 cannot make a valid D.C. will.
  • Has a sound and disposing mind at signing. The maker must be of sound and disposing mind and capable of executing a valid deed or contract at the time of executing or acknowledging the will.

Capacity is measured at the moment of signing. A later illness or decline does not undo a will that the testator made while he met both conditions.

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How to Sign a Valid D.C. Will

For an ordinary paper will, D.C. Code § 18-103 lists two requirements. The section was last amended by D.C. Law 24-296, effective March 10, 2023, which added the electronic will exception.

  1. Writing and signature. The will must be in writing and signed by the testator. Another person may sign for the testator, but only in the testator's presence and by his express direction.
  2. Two credible witnesses, in the testator's presence. At least two credible witnesses must attest the will and subscribe (sign) it in the presence of the testator.

The witness step is where homemade wills fail. A witness who signs later, in another room, or after the testator has left breaks the presence requirement. The safe practice is one sitting: the testator and both witnesses together, the testator signs, then each witness signs while the testator watches.

What about a notary? Section 18-103 does not mention one. A paper will signed by the testator and attested and subscribed by two credible witnesses meets the statute with no notary seal. A notary or other officer appears in the D.C. Code's will rules only for the self-proving affidavit of an electronic will (covered below).

D.C. Has No Holographic Will Exception

Many states accept a will written entirely in the testator's handwriting with no witnesses. The District does not. Section 18-103 voids every will that lacks the writing, signature and two-witness formalities, and its only carve-outs are oral wills under § 18-107 and electronic wills under Chapter 9 of Title 18. A handwritten will gets no separate treatment.

So the test for a handwritten will is the same as for a typed one:

  • Handwritten, signed by the testator alone: void under § 18-103.
  • Handwritten, signed by the testator and attested and subscribed by two credible witnesses in his presence: valid, because it meets § 18-103 like any other written will.

If a family finds a handwritten note with no witness signatures, expect it to fail as a will. The estate then passes as if no will existed; see what happens with no valid will.

Oral Wills: Service Members and Mariners Only

D.C. Code § 18-107 says a nuncupative (oral) will made after January 1, 1902, is not valid in the District, with one exception. 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 three conditions hold:

  1. At least two witnesses who were present prove the oral disposition, and the testator asked them to bear witness that it was his last will.
  2. He made the will during his last illness.
  3. Someone reduced the substance of the will to writing within 10 days after it was made.

An oral will reaches personal property only. It cannot pass a house or other real estate.

Electronic Wills Under the Uniform Electronic Wills Act

The District adopted the Uniform Electronic Wills Act as D.C. Code §§ 18-901 to 18-911, through D.C. Law 24-296 (effective March 10, 2023). Under § 18-911, the chapter applies to the will of a decedent who dies on or after May 27, 2020.

D.C. Code § 18-905(a) sets three requirements for an electronic will:

  1. A text record. The will must be a record readable as text at the time of signing.
  2. The testator's signature. The testator signs, or another individual signs in the testator's name, in the testator's physical presence and by the testator's direction.
  3. Two witnesses. At least two individuals sign in the testator's physical or electronic presence within a reasonable time after witnessing the signing or the testator's acknowledgment of the signing or of the will. Each witness must be a resident of a state and physically located in a state at the time of signing.

"Electronic presence" means people in different locations communicating in real time to the same extent as if they were in the same place (§ 18-902(a)(2)). For this chapter, "state" includes the District, Puerto Rico, the U.S. Virgin Islands, U.S. territories and federally recognized Indian tribes (§ 18-902(a)(6)). So a witness on a video call can count, provided that witness lives in and is physically in a U.S. state or one of those places.

Three more rules from the same chapter:

  • Self-proving option. Under § 18-908, an electronic will may be executed, attested and made self-proving at the same time through the testator's acknowledgment and the witnesses' affidavits before an officer authorized to administer oaths, in the form the section prints.
  • Harmless error. § 18-906 treats a text record that missed the § 18-905(a) formalities as compliant if the person offering it proves by clear and convincing evidence that the decedent intended it as a will, a revocation, an amendment or a revival. The section measures the record against § 18-905(a), the electronic will rule, and does not mention § 18-103.
  • Wills signed elsewhere. Under § 18-904, an electronically executed will that does not meet § 18-905(a) still counts if it follows the law of the place where the testator was physically located at signing, or where the testator was domiciled or resided at signing or at death.

Witnesses Who Inherit Under the Will

D.C. is stricter here than many states. D.C. Code § 18-104 makes a gift to an attesting witness void as to that witness and anyone claiming under him. The will itself survives, and the witness remains competent to prove the signing (§ 18-104(d)).

There is one cushion. If the witness would have taken a share of the estate had the will failed, he keeps the gift up to the amount he would have received with no will. Anything above that intestate share is lost. A witness who is not an heir loses the whole gift.

D.C. Code § 18-106 adds that a creditor may serve as a witness when the will only charges the estate with paying debts.

The practical rule follows: pick two witnesses who take nothing under the will. Keep spouses, children and other beneficiaries out of the witness lines.

Revoking or Changing a D.C. Will

D.C. Code § 18-109(a) says a will, codicil or part of one may not be revoked, except by implication of law, other than by:

  • A later writing. A later will, codicil or other writing declaring the revocation, executed under § 18-103 or § 18-107.
  • A physical act with intent. Burning, tearing, cancelling or obliterating the will or the part being revoked, with the intention of revoking it, by the testator or by another person in his presence and by his express direction and consent.

Revival is narrow. Under § 18-109(b), a revoked will comes back only by re-execution or by a codicil executed like a will, and only to the extent the intent to revive is shown. Tearing up a new will does not bring the old one back.

Electronic wills follow § 18-907: a later will revokes all or part of one expressly or by inconsistency, and a physical act counts if a preponderance of the evidence shows the testator performed it, or directed someone in his physical presence to perform it, with intent to revoke.

Marriage, divorce or a new child are good reasons to review the will. This guide did not verify a D.C. Code section that revokes a gift to a former spouse on divorce, so do not assume one applies. Sign a new will instead.

After Death: Delivering and Probating the Will

A signed will does nothing on its own. D.C. Code § 20-302(a) makes a will ineffective to transfer property or to nominate a personal representative unless it is admitted to probate or recorded under § 20-341(b). For the full filing path, see probating the will.

Whoever holds the original has a deadline. Under D.C. Code § 18-111, a person with possession of a will who willfully neglects, for 90 days after learning of the death, to deliver it to the Probate Court, the Register of Wills or the named executor faces a fine of up to $500. Section 18-110 lets the holder open and read it in the presence of near relatives, then deliver it to the Probate Court or the Register of Wills.

Destroying or hiding a will is a crime. D.C. Code § 18-112 sets imprisonment of up to five years for taking, destroying, mutilating or secreting a will for a fraudulent purpose, during the testator's life or after death.

A valid will can still face a challenge. Under D.C. Code § 20-305, any person may file a verified complaint to contest a will within 6 months following notice by publication of the appointment of a personal representative. See contesting a D.C. will for grounds and procedure.

A surviving spouse or domestic partner has a separate option. A gift in the will bars the spouse's statutory share (§ 19-112) unless the spouse files a written renunciation within 6 months after the will is admitted to probate, then takes the intestate share capped at one-half of the net estate (§ 19-113). The D.C. surviving spouse rights guide walks through that choice.

What We Could Not Verify

Two gaps, stated plainly so nobody relies on a guess:

  • A self-proving affidavit for a paper will. The D.C. Code's self-proving procedure that this guide read is § 18-908, which covers electronic wills only. We did not locate or rule out a paper-will counterpart. Attestation by two witnesses under § 18-103 is what makes a paper will valid either way.
  • Court forms, fees and addresses. The D.C. Courts website was not reachable for this review, so this page lists no Probate Division form number, filing fee or counter address. Confirm those with the Probate Division before filing.

A Clean D.C. Will Signing, Step by Step

  1. Confirm the testator is at least 18 and of sound and disposing mind.
  2. Put the will in writing (paper or, under §§ 18-901 to 18-911, an electronic text record).
  3. Have the testator sign, or have someone sign for him in his presence at his express direction.
  4. Have at least two credible witnesses who take nothing under the will attest and sign in the testator's presence.
  5. Keep the original where the named executor can find it, since § 18-111 expects delivery within 90 days of the death becoming known.

A will is one document in a larger plan. See the rest of an estate plan for how it fits beside a D.C. power of attorney, a D.C. advance directive and the ways to avoid probate in D.C.. For everything else on District estates, start at the D.C. probate hub.

Frequently Asked Questions

How many witnesses does a D.C. will need?

At least two credible witnesses. D.C. Code § 18-103 says a written will is void unless it is attested and subscribed in the presence of the testator by at least two credible witnesses. An electronic will under D.C. Code § 18-905 also needs at least two witnesses, who may sign in the testator's physical or electronic presence.

Is a handwritten will valid in D.C.?

Only if it also meets the two-witness rule. The D.C. Code has no holographic will exception, so a handwritten will that the testator signed alone is void under D.C. Code § 18-103. A handwritten will that is signed by the testator and attested and subscribed by two credible witnesses in the testator's presence is valid like any other written will.

Can a witness also inherit under a D.C. will?

The witness can still witness, but the gift is at risk. D.C. Code § 18-104 makes a gift to an attesting witness void as to that witness. If the witness would have inherited had the will failed, the witness keeps the gift only up to the share he would have received with no will. The witness stays competent to prove the signing under § 18-104(d).

Can you make an oral will in D.C.?

Almost never. D.C. Code § 18-107 bars oral (nuncupative) wills made after January 1, 1902, except for a person in actual military or naval service or a mariner at sea, and then only for personal property. The oral will must be made during the last illness, proved by at least two witnesses the testator asked to bear witness, and reduced to writing within 10 days.

Can you sign a will electronically in D.C.?

Yes. The Uniform Electronic Wills Act, D.C. Code §§ 18-901 to 18-911, lets a testator sign a will as an electronic record. Under § 18-905(a), at least two witnesses sign in the testator's physical or electronic presence, and each witness must be a resident of a state and physically located in a state when signing. The chapter applies to a decedent who dies on or after May 27, 2020.

How do you revoke a will in D.C.?

D.C. Code § 18-109(a) allows two methods besides revocation by implication of law: a later will, codicil or other writing that declares the revocation and is executed like a will, or burning, tearing, cancelling or obliterating the will with the intent to revoke it, by the testator or by another person in the testator's presence and at the testator's express direction and consent.

This guide is general information about District of Columbia wills, current as of October 5, 2026.

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It is not legal advice.

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Information current as of October 5, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in District of Columbia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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