Estate plan

District of Columbia

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

Will

2W

Trust

POA

N

HC Directive

2W

E-will

Adopted

Since 2023

RON

Since 2022

Remote online notarization

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses = no formal requirements
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: Not available

Witnesses may need to testify during probate

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. 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.
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)
Plus

6 more documents with Will.com Plus

$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. Plus

Free
Plus
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
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, stored in your account
Annual review reminder
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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.

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