Estate plan requirements

District of Columbia

Everything you need to create a valid estate plan in District of Columbia: wills, trusts, powers of attorney, and healthcare directives.

Will

2W

Trust

POA

N

Healthcare Dir.

2W

E-will

Adopted

Since 2023

Online notary (RON)

Authorized

Since 2023

Remote witnessing (ROW)

Not authorized

Community property

No

Minimum age

18

2W + N = 2 witnesses + notarization2W = 2 witnesses, no notarization
N = notarization, no witnesses = no formal requirements
1

Will

Witnesses: 2 required

Two credible witnesses must be present at the same time and sign in the presence of the testator

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

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 §21-2101
Durability is presumed unless the instrument states otherwise
4

Healthcare Directive

Witnesses: 2 required

District of Columbia requires 2 witnesses for healthcare directive execution

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

Two witnesses required — D.C. Code §7-622
Witnesses cannot be the agent or healthcare providers

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.

Remote online notarization

District of Columbia authorized remote online notarization (RON) in 2023. You can have your estate planning documents notarized via live video call with an approved notary, without an in-person appointment.

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.