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The District of Columbia adopted the Uniform Electronic Wills Act on March 10, 2023 and rewrote its execution statute in the same act. DC is also one of the very few jurisdictions whose intestacy law treats a registered domestic partner exactly like a spouse — and it divides an intestate estate using pure fractions with no dollar setaside anywhere, including a two-thirds share no state uses. Handwritten wills are not valid here, but an oral will still is, for military and mariners. The DC estate tax exclusion for 2026 is $4,988,400. Every rule below cites the Code of the District of Columbia.
Most DC adults can finish a legally valid will in under an hour.
Two credible witnesses, a signature, and clear wishes — that’s the whole requirement. An online service like Trust & Will prepares a DC-specific will with the witness pages ready to sign.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
DC Will Requirements (2026)
Section 18-103 is framed as a prohibition rather than a permission — a will “is void unless” it meets the requirements:
| Requirement | DC rule | Statute |
|---|---|---|
| In writing | Required — unless executed under § 18-107 (oral, military only) or Chapter 9 (electronic) | § 18-103(1) |
| Signed | By the testator, or by another person in his presence and by his express direction | § 18-103(1) |
| Witnessed | Attested and subscribed in the presence of the testator by at least two credible witnesses | § 18-103(2) |
| Notarized | Not required for validity | § 18-103 |
The witnesses must sign in your presence. DC does not additionally require them to sign in each other’s presence — a lighter rule than Vermont’s or West Virginia’s. Section 18-103 was amended on March 10, 2023 by D.C. Law 24-296, the same act that added the electronic wills chapter.
Handwritten wills are not valid in DC. Section 18-103 names exactly two carve-outs — § 18-107 and Chapter 9 — and neither is a handwriting exception. A will written entirely in your own hand still needs two credible witnesses attesting in your presence.
Do not let a beneficiary witness your DC will
Section 18-104 is unforgiving: a beneficial devise, legacy, interest, gift or power of appointment given to an attesting witness is void as to that witness and anyone claiming under him. The only relief is § 18-104(b) — if the witness would have inherited by intestacy anyway, he keeps so much of the gift as does not exceed that intestate share.
So a DC will witnessed by the two people you are leaving everything to does not fail, but their gifts can be reduced to nothing. Use disinterested witnesses.
DC Still Recognizes Oral Wills — for Military and Mariners
Section 18-107 abolished nuncupative wills made after January 1, 1902, with one surviving exception: a person in actual military or naval service, or a mariner at sea, may dispose of personal property by word of mouth, if:
- the oral disposition is proved by at least two witnesses who were present and were requested by the testator to bear witness that the disposition was his last will;
- the will is made during the time of the last illness; and
- the substance of the will is reduced to writing.
Personal property only — an oral will cannot pass real estate. Rhode Island preserves a similar soldiers’ and sailors’ will, and Kansas keeps a broader oral-will provision. This is a deathbed rule that never got repealed, not a planning tool.
Electronic Wills: Legal in DC Since March 2023
Title 18, Chapter 9 of the DC Code is captioned, simply, the Uniform Electronic Wills Act. It was enacted by D.C. Law 24-296 and took effect March 10, 2023.
Under § 18-905(a), an electronic will shall be:
- a record readable as text at the time of signing;
- signed by you, or by another individual in your name, in your physical presence and at your direction; and
- signed in your physical or electronic presence by at least 2 individuals, each of whom is a resident of a state and physically located in a state at the time of signing, within a reasonable time after witnessing your signing or your acknowledgment.
“A state” means any state — the same standard Oklahoma and Idaho use, and far broader than Kentucky’s requirement that both witnesses be Kentucky residents standing in Kentucky. For a jurisdiction where a great many residents’ families live in Maryland and Virginia, that matters.
Section 18-904 adds a generous choice-of-law rule: a will executed electronically that does not meet § 18-905(a) is still an electronic will here if it complied with the law of the jurisdiction where you were physically located when you signed, or where you were domiciled or resident when you signed or when you died.
Dying Without a Will in DC: Fractions, and Domestic Partners Count
Two things make § 19-302 unusual before you even read the numbers.
First, its caption is “Share of spouse or domestic partner,” and every operative clause reads “surviving spouse or surviving domestic partner.” A registered DC domestic partner inherits exactly as a spouse does. Only Hawaii’s reciprocal beneficiary status comes close among the states.
Second, DC uses pure fractions with no preferential dollar amount anywhere. Nearly every Uniform Probate Code state gives the survivor a setaside off the top — $150,000, $225,000, $300,000 — before dividing the rest. DC gives none.
| Your situation | What your spouse or domestic partner receives |
|---|---|
| No descendant and no parent survive you | The entire intestate estate (§ 19-302(1)) |
| No descendant, but a parent survives | Three-fourths of the balance (§ 19-302(3)) |
| All your descendants are theirs, and they have no others | Two-thirds of the balance (§ 19-302(2)) |
| All your descendants are shared, but they have other descendants | One-half of the balance (§ 19-302(4)) |
| You have a descendant who isn’t theirs | One-half of the balance (§ 19-302(5)) |
The two-thirds row is the one to notice. Even in the simplest case — every child is a child you had together, nobody has children from anywhere else — your surviving spouse or partner takes two-thirds and your children take a third. Most states hand the whole estate to the survivor in that situation. DC does not, and no other jurisdiction in this comparison uses a two-thirds fraction at all.
The DC Estate Tax Reaches Below the Federal Threshold
For estates of decedents dying on or after January 1, 2026 and on or before December 31, 2026, the DC zero-bracket (exclusion) amount is $4,988,400. Rates follow the pre-EGTRRA federal state death tax credit schedule and top out at 16% on estates above $10,000,000.
DC decoupled from the federal exclusion, which produces the consequence that catches people: a DC estate can owe District estate tax even where no federal return is required and no federal tax is due. With DC real estate values what they are, a house plus retirement accounts plus life insurance can reach $4.99 million without the family thinking of itself as wealthy — and life insurance counts.
Confirm the current figure with the DC Office of Tax and Revenue before relying on it; the exclusion is adjusted. See our state estate tax guide for how DC compares with Maryland and Virginia, its immediate neighbors.
What a Will Costs in DC
| Route | Typical cost | What you get |
|---|---|---|
| Handwritten, no witnesses | $0 | Void in DC — § 18-103 says so in terms |
| Online service | $199 individual / $299 couple | DC-specific will with witness pages, done in about an hour |
| DC attorney | Flat fees vary — DC rates run above the national median | Custom drafting and counsel, including estate-tax planning at DC’s decoupled threshold |
Online pricing verified against Trust & Will’s published rates (August 2026). The DC Bar publishes no fee survey, so we quote no attorney figures we can’t source. See how DC compares with the rest of the country.
One DC-specific caution. If you live in the District but own property in Maryland or Virginia — a common pattern here — a will alone means probate in more than one jurisdiction. That is the classic case for a trust.
What a DC Will Does Not Do
1. A will does not avoid probate. DC probate runs through the Probate Division of the Superior Court, on the public record. See what a living trust costs in DC and our guide to avoiding probate.
2. A will does not reduce the DC estate tax. The tax applies with or without one, and DC’s decoupled threshold reaches estates the federal tax never touches.
3. A will does not cover incapacity, and does not override beneficiary designations. Pair it with a durable power of attorney and an advance directive — see the five documents every family needs.
Will vs. Trust for DC Families
Every DC adult needs a will. Without one, even a couple with only shared children sees the survivor take two-thirds rather than everything — and if you are in a registered domestic partnership rather than a marriage, the will is also the cleanest way to make your intentions unambiguous rather than relying on registration records.
DC is also one of the places where the trust question has two real drivers: an estate tax that starts below $5 million, and the multi-jurisdiction probate problem that comes with owning property across the DC-Maryland-Virginia line. Start with Trust vs. Will: Which Does Your Family Need? and the numbers in our DC living trust cost guide.
If the will is what you need today, Trust & Will’s DC package includes the witness pages, guardianship nominations, and healthcare documents — build your DC will here.
FAQ
Does a will have to be notarized in DC?
No. Validity takes your signature and at least two credible witnesses attesting and subscribing in your presence (§ 18-103). A notary appears only in the optional self-proving affidavit.
Are handwritten wills legal in DC?
No. Section 18-103 makes a will void unless it is witnessed by two credible witnesses, and its only exceptions are § 18-107 (oral wills for military and mariners) and Chapter 9 (electronic wills). There is no handwriting exception.
Can I make an electronic will in DC?
Yes — since March 10, 2023, under the Uniform Electronic Wills Act at Title 18, Chapter 9. The record must be readable as text at signing and witnessed by two individuals in your physical or electronic presence, each a resident of and located in a state (§ 18-905).
Do domestic partners inherit in DC?
Yes. Section 19-302 is captioned “Share of spouse or domestic partner” and gives a surviving registered domestic partner the same intestate share as a surviving spouse.
What happens if I die without a will in DC?
Your spouse or domestic partner takes the entire estate only if you leave no descendant and no parent. Otherwise: three-quarters if a parent survives and you have no descendants; two-thirds if all your descendants are theirs and they have no others; one-half if either of you has descendants from elsewhere (§ 19-302). DC uses fractions only — there is no dollar setaside.
Does DC have an estate tax?
Yes. The exclusion for decedents dying in 2026 is $4,988,400, with rates topping out at 16% above $10,000,000. DC decoupled from the federal exclusion, so a DC estate can owe District tax with no federal tax due.
DC Law Cited on This Page
- D.C. Code § 18-103 — execution of written will; attestation
- D.C. Code § 18-104 — devises to attesting witnesses
- D.C. Code § 18-107 — nuncupative wills
- D.C. Code Title 18, ch. 9 — Uniform Electronic Wills Act
- D.C. Code § 18-905 — execution of an electronic will
- D.C. Code § 19-302 — share of spouse or domestic partner
- DC Office of Tax and Revenue — estate tax
Update log — August 2026: page created. Execution, interested-witness, nuncupative, electronic-will and intestacy rules verified against the official Code of the District of Columbia published by the D.C. Law Library, including the amendments made by D.C. Law 24-296 effective March 10, 2023; estate tax exclusion from the Office of Tax and Revenue. The exclusion is adjusted — confirm the current figure before relying on it. Reviewed when DC law changes.