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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
Document
Witnesses
Notary
Will
2 required
Recommended
Living trust
None required
Recommended
Power of attorney
None required
Required
Healthcare directive
2 required
Not 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 once signed the way District of Columbia requires.
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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
State-specific notes
•In the District of Columbia, a separate list of personal items written after you sign your will is not legally binding, so name each item and the person who gets it in the specific gifts section of your will before you sign.
•An unwitnessed handwritten will is void in the District. A will that is not signed and witnessed as the District requires is void, and the statute's only two carve-outs are an electronic will under the Uniform Electronic Wills Act and an oral will made by a person in actual military or naval service or by a mariner at sea, which reaches personal property only and must be proved by two witnesses who were present at the making and asked to bear witness, made during the last illness, and written down within 10 days (D.C. Code §§18-103, 18-107).
•A gift in this will to someone who signs it as a witness is void as to that witness; a witness who would have inherited without a will keeps no more than that intestate share, and unlike many states D.C. gives no escape for having extra disinterested witnesses. Use two witnesses who take nothing under this will (D.C. Code §18-104).
ViewSelf-proving affidavit wording▾
We, {testatorName}, the Testator, and the Witnesses whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority:
The Testator declares: I signed and executed the foregoing instrument as my will, or expressly directed another person to sign it for me in my presence. I signed it willingly and executed it as my free and voluntary act for the purposes expressed in it. I am eighteen years of age or older, of sound and disposing mind and capable of executing a valid deed or contract, and under no constraint or undue influence.
Each of the Witnesses declares: The Testator signed the foregoing instrument in our presence, or expressly directed another person to sign it in the Testator's presence, and declared it to be the Testator's will. We are credible witnesses, and each of us thereupon attested the instrument and subscribed our name as a witness in the presence of the Testator. To the best of our knowledge, the Testator was at the time of signing eighteen years of age or older, of sound and disposing mind, and under no constraint or undue influence.
D.C. Code §18-104: a beneficial devise, legacy, estate, interest, gift, or power of appointment given to an attesting witness is void as to that witness and persons claiming under them (§18-104(a)), except that (b) a witness who would be entitled to a share in intestacy may take up to that intestate share and (c) the voidance does not reach charges on real estate for the payment of debts. Unlike NY, WA, IN and AR, D.C. has no rule under which additional disinterested attesting witnesses save the gift. The interested witness is not disqualified as a competent witness to the execution (§18-104(d)).
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
Certification of trust: D.C. Code §19-1310.13
District of Columbia lets your trustee prove the trust to a bank, brokerage, title company, insurer, or transfer agent with a short certification instead of the trust itself. It states that the trust exists, who the trustee is, and what the trustee may do, and it leaves out who inherits and what each person receives. Will.com generates the District of Columbia Certification of Trust with your trust, built to the contents that section requires. Sign it in front of the same notary, at the same sitting as the trust. The same section also says what happens if someone demands the trust itself anyway. D.C. Code §19-1310.13(h) provides that a person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.
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 prescribed by statute (D.C. Code §21-2603.01)
ViewWarning notice for the principal▾
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. You may also name a second 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
•The directive must be dated and signed by the principal and 2 adult witnesses who affirm that the principal was of sound mind and free from duress at the time of signing. 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 by a current will or operation of law. D.C. Code §21-2205(c)-(d)
ViewWitness disqualification recital▾
D.C. Code §21-2205(c): the durable power of attorney for health care must be dated and signed by the principal and by two adult witnesses who affirm that the principal was of sound mind and free from duress at the time of signing, and those witnesses may not include the principal, the principal's health-care provider, or an employee of that provider. Under §21-2205(d), at least one of the two witnesses must not be related to the principal by blood, marriage, or adoption and must not be entitled to any part of the principal's estate by a current will or by operation of law. The sample form at §21-2207 also has each witness declare that the witness is not the person appointed as attorney in fact by the document.
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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. The free packet includes it too whenever it has a healthcare directive.
Nomination of Guardian of the Person and Conservator of the Estate
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.
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State-specific signing guide
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Covers real estate, business, digital, and funeral wishes
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)
For the paper documents Will.com produces, District of Columbia does not allow remote online witnessing. 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.