Estate plan requirements

District of Columbia

Everything your estate plan needs to be valid in District of Columbia: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Requirements at a glance

DocumentWitnessesNotary
Will2 requiredRecommended
Living trustNone requiredRecommended
Power of attorneyNone requiredRequired
Healthcare directive2 requiredNot required

Your complete District of Columbia estate plan

Will, living trust, durable power of attorney, healthcare directive, and six more documents, all valid in District of Columbia.

$29per year · cancel anytime

  • Your answers stay private, encrypted in your browser.
  • You keep every document you made.
  • Edit any document any time as life changes.

District of Columbia content last reviewed May 18, 2026.

1

Will

D.C. Code §18-101 et seq.

Witnesses: 2 required

Two credible witnesses must attest and subscribe in the presence of the testator. Same-time presence of both witnesses is not statutorily required.

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

District of Columbia does not recognize handwritten wills without witnesses

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

3

Durable Power of Attorney

D.C. Code §21-2601.01 et seq. (Uniform Power of Attorney Act of 2022, D.C. Law 24-236, effective February 23, 2023)

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

Acknowledged before a notary public. D.C. Code §21-2601.05
Durability is presumed unless the instrument states otherwise. D.C. Code §21-2601.04
Statutory notice and form are governed by D.C. Code §21-2603.01
ViewStatutory warning notice
IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act of 2022 (D.C. Official Code §21-2601.01 et seq.). This power of attorney does not authorize the agent to make health-care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent may be entitled to reasonable compensation unless you state otherwise in the Special Instructions. This form provides for designation of one agent. If you wish to name more than one agent you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions. If you have any questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
ViewAgent acknowledgment wording
IMPORTANT INFORMATION FOR AGENT (D.C. Code §21-2603.01) Agent's Duties. When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must: (1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest; (2) Act in good faith; (3) Do nothing beyond the authority granted in this power of attorney; and (4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner: (Principal's Name) by (Your Signature) as Agent. Unless the Special Instructions in this power of attorney state otherwise, you must also: (1) Act loyally for the principal's benefit; (2) Avoid conflicts that would impair your ability to act in the principal's best interest; (3) Act with care, competence, and diligence; (4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal; (5) Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and (6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest. Termination of Agent's Authority. You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include: (1) Death of the principal; (2) The principal's revocation of the power of attorney or your authority; (3) The occurrence of a termination event stated in the power of attorney; (4) The purpose of the power of attorney is fully accomplished; or (5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority. Liability of Agent. The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act of 2022 (D.C. Official Code §21-2601.01 et seq.). If you violate the Uniform Power of Attorney Act of 2022 (D.C. Official Code §21-2601.01 et seq.) or act outside the authority granted, you may be liable for any damages caused by your violation. If there is anything about this document or your duties that you do not understand, you should seek legal advice.
4

Health Care Directive

D.C. Code §21-2201 et seq.

Witnesses: 2 required

District of Columbia requires 2 witnesses

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

Two adult witnesses required, who must affirm that the principal was of sound mind and free from duress. D.C. Code §21-2205(c)
Witnesses cannot be the principal, the principal's health-care provider, or an employee of the health-care provider; at least one witness must not be related by blood, marriage, or adoption and must not be entitled to any part of the principal's estate. D.C. Code §21-2205(c)-(d)
Subscription

6 more documents with a subscription

$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

Free
Paid
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Secure online storage
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime
Annual review reminder
Get started →

Electronic will status

District of Columbia has adopted electronic will legislation (2023). You may be able to create, sign, and witness a will electronically using approved methods.

Digital assets access

District of Columbia has adopted RUFADAA (2021). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

District of Columbia authorized RON in 2022.

Will

Allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

District of Columbia does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in District of Columbia for guidance specific to your situation.

Also for District of Columbia

← All states