How to Make a Will in D.C.

If you're a resident of D.C. and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

When you make a will in D.C., you can use it to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name an executor (also called a "personal representative"), the person who makes sure that the terms of your will are carried out.

(D.C. Code §§ 18-301, 20-303, 21-102, 21-105 (2025).)

Below you'll find an overview of what a will can do for you, what D.C. laws require for making a valid will, and what the process looks like.

Steps to Create a Will in D.C.

Here's a quick checklist for making a will in D.C.:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In D.C., if you die without a will, your property will be distributed according to state "intestacy" laws. D.C.'s intestacy law gives your property to your closest relatives, beginning with your spouse, children, and parents. This list of inheritors continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property. (D.C. Code §§ 19-302, 19-305, 19-306, 19-308, 19-309, 19-701 (2025).)

Can I Make My Own Will in D.C.?

Yes. You can make your own will in the District of Columbia, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in D.C.

To make a will in D.C., you must be:

• 18 years of age or older,
• of sound and disposing mind, and
• capable of executing a valid deed or contract.

(D.C. Code § 18-102 (2025).)

You generally must make your will in writing on actual paper. It can't be on audio or video. However, D.C. does recognize electronic wills. (See "Can I Make a Digital or Electronic Will?" below.) (D.C. Code § 18-103 (2025).)

D.C. does recognize nuncupative (oral) wills in very limited circumstances. This option is only available for a person in military or naval service. To make a will in this circumstance, the will-maker must make the will during the time of the last illness, two witnesses must be present, and the will maker's statements must be put in writing within 10 days. An oral will can be used for personal property only, not real estate. (D.C. Code § 18-107 (2025).)

How to Sign and Execute My D.C. Will

To finalize your will in the District of Columbia:

• you must sign your will in front of two witnesses, and
• your witnesses must sign your will in front of you.

(D.C. Code § 18-103 (2025).)

It's best to only have "disinterested" witnesses who don't stand to inherit sign your will because an "interested" witness can lose any gift you leave them. (D.C. Code § 18-104 (2025).)

Do I Need to Have My Will Notarized?

No, you don't need to notarize your will to make it legal in D.C. While many states allow you to make your will "self-proving," which prevents your witnesses from having to go to court and testify that they saw you sign the will, D.C. generally doesn't give you this option.

However, the District has a law that allows self-proving electronic wills. Because this is a relatively new law, you should be cautious about using an electronic will and should consider speaking with an attorney. (D.C. Code § 18-908 (2025).)

Can I Make a Digital or Electronic Will?

Electronic wills (e-wills) are legal in D.C. An e-will can be signed electronically by the will maker and witnesses, and the witnesses can be present electronically (through live audio-video technology) as long as they are located in the United States or its territories. The e-will also must be readable as text at the time it's signed. As mentioned above, electronic wills aren't common yet, so it's a good idea to speak to an estate planning attorney before making one. (D.C. Code §§ 18-901 and following (2025).)

Can I Choose and Appoint an Executor in My D.C. Will?

Yes. In D.C., you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in D.C.?

In D.C., you may revoke or change your will at any time. You can revoke your will by:

• burning, tearing, canceling, or obliterating your will with the intent to revoke it
• directing another person in your presence to burn, tear, cancel, or obliterate your will with the intent to revoke it, or
• making a new will that says it revokes the old will.

(D.C. Code § 18-109 (2025).)

If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find D.C.'s laws about making wills here: Code of the District of Columbia, Title 18 Wills, Chapter 1 General Provisions.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and living trusts—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on D.C. wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in D.C., consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in D.C.?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in D.C., and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death.

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. Unlike most states, D.C. does have an estate tax. The federal government also has an estate tax, but very few estates are wealthy enough to owe federal estate taxes. If your estate is large enough to owe district or federal estate taxes, you should consider working with an estate planning attorney. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.