D.C. Will and Trust Laws: Witnesses, Electronic Wills (2026)

In the District of Columbia, a paper will is void unless it is "in writing and signed by the testator, or by another person in his presence and by his express direction," and "attested and subscribed in the presence of the testator, by at least two credible witnesses" (D.C. Code 18-103). The person making it must be at least 18 and of sound and disposing mind (18-102). Since March 10, 2023, the District has also allowed electronic wills under its Uniform Electronic Wills Act (D.C. Code 18-901 to 18-911), with witnesses who may be present physically or electronically. Living trusts are governed by Chapter 13 of Title 19 of the D.C. Code, which may be cited as the "Uniform Trust Code" (D.C. Code 19-1301.01), in effect since March 10, 2004.

The District stands out among the wills and trusts laws by state in two ways. A gift to a witness is void, except to the extent of the witness's intestate share (18-104). And several features other jurisdictions apply to all wills, such as a self-proving affidavit and a harmless-error rule, exist in the District only for electronic wills.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers District of Columbia statutes on making, signing, proving, changing and revoking wills (D.C. Code Title 18, Chapters 1, 3, 9 and 10, and section 20-312) and on revocable living trusts (D.C. Code Title 19, Chapter 13). It does not cover what happens when someone dies without a will or how estate administration works (see District of Columbia probate), small-estate procedures (see the District of Columbia small estate affidavit page), powers of attorney (see District of Columbia power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the District of Columbia advance directive tool.

What makes a will valid in the District of Columbia?

Section 18-102 sets capacity: "A will, testament, or codicil is not valid for any purpose unless the person making it is at least 18 years of age and, at the time of executing or acknowledging it as provided by this chapter, of sound and disposing mind and capable of executing a valid deed or contract." The section has no exception for a married or military minor.

Section 18-103 sets the form for a will on paper:

"A will or testament, other than a will executed in the manner provided by section 18-107 or Chapter 9 of this title, is void unless it is: (1) in writing and signed by the testator, or by another person in his presence and by his express direction; and (2) attested and subscribed in the presence of the testator, by at least two credible witnesses." (D.C. Code 18-103)

The requirements, then:

• Writing and signature. The testator signs, or another person signs in the testator's presence and at the testator's express direction.
• Two witnesses. At least two credible witnesses attest and subscribe (sign) the will in the testator's presence.
• No notary. Section 18-103 contains no notary requirement for a paper will.
• Two exceptions. The section does not govern the limited oral wills allowed by 18-107 or electronic wills made under Chapter 9, each covered below.

Gifts to witnesses

In the District, serving as a witness can cost a beneficiary. Under 18-104(a), a beneficial devise, legacy, interest, gift or power of appointment "given or made to an attesting witness to a will or codicil is void as to him and persons claiming under him," except as subsections (b) and (c) provide:

• Intestate-share saving rule. Under 18-104(b), a witness who would be entitled to a share of the estate if the will were not established takes the gift only up to "the share of the estate which would be distributed to him or persons claiming under him in case of intestacy."
• Debts. Under 18-104(c), the voiding rule "does not apply to charges on real estate for the payment of debts."
• Still a competent witness. Under 18-104(d), the interested witness "is not disqualified as a competent witness to the execution of the will or codicil by reason of his interest."

Section 18-105 adds that a person whose gift is void may not take or accept it "in any manner or under any color or pretense whatsoever."

Proving a paper will: no self-proving affidavit

For a paper will, the District has no self-proving affidavit. The self-proving procedure in Title 18 is section 18-908, and it applies to electronic wills. A paper will is admitted under the probate procedure in D.C. Code 20-312(b):

"In the case of a petition to admit a will to abbreviated probate, due execution of the will shall be presumed and the Court or the Register of Wills may admit a will to probate either: (1) If the will appears to have been duly executed and contains a recital by attesting witnesses of facts constituting due execution" (D.C. Code 20-312(b))

The other route, under 20-312(b)(2), is a statement, in the form the statute requires, of "any person with personal knowledge of the circumstances of execution, whether or not the person was in fact an attesting witness, reciting facts showing due execution of the will."

Under 20-312(c), the Register of Wills may require additional proof filed in the proceeding and may refer the matter to the Court. The current text of section 20-312 reflects temporary amendments made by D.C. Law 26-164 (the Strengthening Probate Administration Temporary Amendment Act of 2026), effective August 14, 2026; the D.C. Code notes that the temporary text expires March 27, 2027. Probate procedure itself is covered on the District of Columbia probate page.

Are handwritten (holographic) wills valid in D.C.?

Not without witnesses. Section 18-103 makes a will on paper void unless it is attested and subscribed by at least two credible witnesses, and Chapters 1, 3, 9 and 10 of Title 18 contain no section that accepts a will because it is in the testator's handwriting. A handwritten will that two credible witnesses attest and subscribe in the testator's presence meets the same rule as any other paper will.

Are oral (nuncupative) wills valid?

Almost never. Section 18-107 provides that "A nuncupative will made after January 1, 1902, is not valid in the District of Columbia except that a person in actual military or naval service or a mariner at sea may dispose of his personal property by word of mouth," and only if all three conditions are met:

1. The oral disposition "is proved by at least two witnesses who were present at the making thereof and were requested by the testator to bear witness that the disposition was his last will."
2. The will "is made during the time of the last illness of the deceased."
3. "the substance of the will is reduced to writing within 10 days after it was made."

The exception reaches personal property only.

Electronic wills and remote witnessing

The District's Uniform Electronic Wills Act, Chapter 9 of Title 18, was added by D.C. Law 24-296 (the Uniform Electronic Wills Amendment Act of 2022), effective March 10, 2023. Under section 18-911, "This chapter applies to the will of a decedent who dies on or after May 27, 2020."

How an electronic will is signed and witnessed

Under 18-905(a), an electronic will must be:

1. "A record that is readable as text at the time of signing";
2. Signed by the testator, or by "Another individual in the testator's name, in the testator's physical presence and by the testator's direction"; and
3. "Signed in the physical or electronic presence of the testator 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 and within a reasonable time after witnessing" either the testator's signing or the testator's acknowledgment of the signing or of the will.

Section 18-902 defines electronic presence as "the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location." That is what makes remote witnessing possible for an electronic will. Two limits follow from the text: a person signing for the testator must be in the testator's physical presence, and each witness must be a resident of a state and physically located in a state when signing. Under 18-905(b), the testator's intent that the record be the electronic will "may be established by extrinsic evidence."

Under current law, a paper will gets none of this. Section 18-103 requires paper-will witnesses to attest and subscribe "in the presence of the testator," and the electronic-presence option appears only in the electronic-will chapter.

COVID-era remote witnessing (expired)

For a period during the pandemic, paper wills did have a remote option. Beginning with emergency legislation on May 27, 2020 (D.C. Act 23-326) and continuing through temporary acts including D.C. Law 23-130 and D.C. Law 24-9, the Council amended 18-103(2) so that witnesses could attest "in the presence or, during a period of time for which the Mayor has declared a public health emergency pursuant to § 7-2304.01, the electronic presence" of the testator. The same legislation added a temporary section on electronic wills (numbered 18-813 in D.C. Law 23-130 and 18-113 in D.C. Law 24-9). In the version enacted by D.C. Law 24-9, that section defined electronic presence as witnesses who "are in a different physical location than the testator but can observe and communicate with the testator and one another to the same extent as if the witnesses and testator were physically present with one another," and required signing in the testator's physical or electronic presence "by at least 2 credible witnesses, each of whom is physically located in the United States at the time of signing."

D.C. Law 24-39, effective October 27, 2021, replaced the public-emergency wording in both provisions with "the period from March 11, 2020, until November 5, 2021." Those temporary provisions have expired, and the current text of 18-103 again reads "in the presence of the testator." The permanent electronic-will chapter described above took effect March 10, 2023.

Self-proving an electronic will

Under 18-908(a), "An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses." The acknowledgment and affidavits are made before an officer authorized to administer oaths under the law of the state where execution occurs or, "if fewer than two attesting witnesses are physically present in the same location as the testator at the time of signing," before an officer authorized under D.C. Code 1-1231.13a, and are evidenced by the officer's certificate under official seal affixed to or logically associated with the electronic will (18-908(b)). The statutory form is in 18-908(c); this page does not reproduce it.

Harmless error, for electronic wills only

Under 18-906, a record readable as text that was not executed in compliance with 18-905(a) "is deemed to comply" if the proponent "establishes by clear and convincing evidence that the decedent intended the record to be" the will, a partial or complete revocation, an addition or modification, or a partial or complete revival of a revoked will. The rule is written for records under the electronic-will section. For a paper will, 18-103 still says a noncomplying will "is void."

Electronic wills made elsewhere

Under 18-904, a will executed electronically but not in compliance with 18-905(a) is still an electronic will under the chapter "if executed in compliance with the law of the jurisdiction where the testator is: (1) Physically located when the will is signed; or (2) Domiciled or resides when the will is signed or when the testator dies."

Changing or revoking a D.C. will

Paper wills

Section 18-109(a) provides that a will or codicil, or any part of it, "may not be revoked, except by implication of law, otherwise than by":

• "a later will, codicil, or other writing declaring the revocation, executed as provided by section 18-103 or 18-107"; or
• "burning, tearing, cancelling, or obliterating the will or codicil, or the part thereof, with the intention of revoking it, by the testator himself, or by a person in his presence and by his express direction and consent."

Revival is narrow. Under 18-109(b), a revoked will "may not be revived otherwise than by its re-execution, or by a codicil executed as provided in the case of wills, and then only to the extent to which an intention to revive is shown."

Electronic wills

Under 18-907(b), all or part of an electronic will is revoked by a later will that revokes it "expressly or by inconsistency," or by a physical act, "if it is established by a preponderance of the evidence that the testator, with the intent of revoking all or part of the will, performed the act or directed another individual who performed the act in the testator's physical presence." An electronic will may also revoke all or part of a previous will (18-907(a)).

Divorce, marriage and new children

Section 18-109 lists the ways a will is revoked and does not mention divorce, annulment, marriage or the birth of a child; its text preserves revocation "by implication of law," a question for the courts that this page does not address. The District's trust-revocation sections (19-1306.01 to 19-1306.04) likewise contain no divorce rule.

On children, Chapters 1, 3, 9 and 10 of Title 18 contain no section giving a share to a child born after the will. Section 19-314, on posthumous children, applies to inheritance on intestacy, which the District of Columbia probate page explains.

Withholding or destroying a will

Under D.C. Code 18-111, a person who has a will and "willfully neglects, for the period of 90 days after the death of the testator becomes known to him, to deliver it to the Probate Court, or to the Register of Wills, or to an executor named in the instrument, shall be fined not more than $500." Under 18-112, anyone who, for a fraudulent purpose, takes and carries away, destroys, mutilates or secretes a will, during the testator's life or after death, "shall be imprisoned not more than five years," and may also be fined.

Limits on what a D.C. will can do

Spouse's or domestic partner's share. A surviving spouse or surviving domestic partner who is left a gift by will is barred from statutory rights in the estate unless, "within 6 months after the will of the deceased spouse or deceased domestic partner is admitted to probate," he or she files a written renunciation in the Probate Court (D.C. Code 19-113(a)). The legal share taken instead is the share the survivor would have taken on intestacy, "not to exceed one-half of the net estate bequeathed and devised by the will" (19-113(e)). The Probate Court may extend the time, before it expires, for successive periods of not more than six months on a showing of reasonable cause, and a suit to construe the will restarts the six-month period from its final determination (19-113(c)). If the will makes no gift to the survivor, or nothing passes under it, the survivor takes the legal share without filing a renunciation (19-113(d)). A valid antenuptial or postnuptial agreement controls (19-113(f)).

Slayer rule. Under 19-320(a), a person convicted of felonious homicide of another by murder or manslaughter "takes no estate or interest in property of any kind from that other person" by inheritance, devise or bequest, and the property passes "as if the person so convicted had died before the decedent."

Gifts to people who die first. Under 18-308, unless the will provides otherwise, if a devisee or legatee dies before the testator "leaving issue who survive the testator, the issue shall take the estate devised or bequeathed." A gift that fails or is void falls into the residuary gift, if any, unless the will shows a contrary intention.

Revocable living trusts in the District of Columbia

The trust code

D.C. trust law is in Chapter 13 of Title 19, which may be cited as the "Uniform Trust Code" (D.C. Code 19-1301.01), enacted by D.C. Law 15-104 and effective March 10, 2004. Section 19-1301.03(15) defines "Revocable," as applied to a trust, as "revocable by the settlor without the consent of a person holding an adverse interest."

Creating a trust: no signing formality in the code

Section 19-1304.02(a) sets the requirements: "A trust is created only if: (1) The settlor has capacity to create a trust; (2) The settlor indicates an intention to create the trust; (3) The trust has a definite beneficiary or is" a charitable trust, a trust for an animal, or a trust for a noncharitable purpose; "(4) The trustee has duties to perform; and (5) The same person is not the sole trustee and sole beneficiary." The section does not require witnesses or a notary.

A trust does not even have to be written. Under 19-1304.07, "Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence."

Under 19-1306.01, "The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will."

Revocable by default (for trusts from 2004 on)

Section 19-1306.02(a) provides: "Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before the effective date of this chapter [March 10, 2004]."

How to revoke or amend

Under 19-1306.02(c), the settlor may revoke or amend a revocable trust "(1) By substantial compliance with a method provided in the terms of the trust; or (2) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive," by "(A) A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or (B) Any other method manifesting clear and convincing evidence of the settlor's intent."

Other rules in the same section:

• More than one settlor. To the extent a trust holds property other than community property, each settlor may revoke or amend as to the portion attributable to that settlor's contribution, and the trustee must promptly notify the other settlors (19-1306.02(b)).
• Agents. An agent under a power of attorney may exercise the settlor's powers to revoke, amend or distribute "only to the extent expressly authorized by the terms of the trust or the power" (19-1306.02(e)). See District of Columbia power of attorney laws.
• Conservators and guardians. A conservator, or a guardian if no conservator has been appointed, may exercise those powers "only with the approval of the court supervising the conservatorship or guardianship" (19-1306.02(f)).
• Trustee protection. A trustee who does not know a trust has been revoked or amended is not liable for acting on the assumption that it was not (19-1306.02(g)).

Creditors

Under 19-1305.05(a)(1), "During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors." After the settlor's death, under 19-1305.05(a)(3), property of a trust that was revocable at death is subject to the settlor's creditors' claims, estate administration costs, funeral expenses and statutory allowances to a surviving spouse and children "to the extent the settlor's residuary probate estate is inadequate to satisfy those claims, costs, expenses, and allowances," subject to the settlor's right to direct the source of payment.

Certification of trust

Under 19-1310.13(a), "Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust" stating the trust's existence and date, the settlor, the acting trustee's identity and address, the trustee's powers, "The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust," cotrustee signing authority, the taxpayer identification number and the manner of taking title. A person who relies on it without knowing it is incorrect "is not liable to any person for so acting" (19-1310.13(f)), and a person who demands the full instrument in addition to a certification may be liable for damages if the court finds the demand was not made in good faith (19-1310.13(h)).

After the settlor dies: notice and the contest deadline

Notice. Under 19-1308.13(b)(3), within 60 days after the trustee learns that a formerly revocable trust has become irrevocable, "whether by the death of the settlor or otherwise," the trustee must notify the qualified beneficiaries of the trust's existence, the identity of the settlor, the right to request a copy of the trust instrument, and the right to a trustee's report. Under 19-1308.13(e), this duty does not apply to a trust created under an instrument executed before March 10, 2004.

Contest deadline. Under 19-1306.04(a), a person may contest the validity of a trust that was revocable at the settlor's death "within the earliest of":

1. "One year after the settlor's death";
2. "Ninety days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding"; or
3. Six months after the first publication of notice of the trust's existence, the names and addresses of each trustee and of the settlor, and the time allowed, published in the same manner as notice of appointment of a personal representative, but only "if the trustee sends a copy of the text of such notice, not later than 15 days after the date of its first publication," to each qualified beneficiary, heir and other person who would be entitled to notice if the trust were a will.

After the settlor's death, the trustee may distribute under the trust's terms without liability unless the trustee knows of a pending contest, or a potential contestant notified the trustee of a possible contest and a proceeding "is commenced within 60 days after the contestant sent the notification" (19-1306.04(b)). A beneficiary of a trust later found invalid "is liable to return any distribution received" (19-1306.04(c)).

Pour-over wills

Section 18-306(a) lets a will or codicil make a devise or bequest "to the trustees under, or in accordance with the terms of, a written inter vivos trust, including an unfunded life insurance trust," that "has been executed and is in existence prior to or contemporaneously with the execution of the will or codicil and is identified in the will or codicil, without regard to the size or character of the corpus of the trust." The timing matters: the trust must exist before or at the same time as the will.

The gift "is not invalid because the trust is subject to amendment or modification or may be terminated or revoked after the will or codicil is executed," or because the trust instrument "was not executed in the manner required by law for wills or codicils." Unless the will provides otherwise, the gift follows the trust's terms as they appear in writing at the testator's death, including amendments; the property passes directly to the trustees and is not held in a separate testamentary trust; "an entire revocation of the trust prior to the death of the testator invalidates the devise or bequest"; and a termination other than by revocation does not invalidate it (18-306(a)(1)-(4)).

District of Columbia wills and trusts at a glance

Recent and upcoming changes

• COVID-era remote witnessing (2020-2021, expired). Emergency and temporary acts beginning May 27, 2020 let paper-will witnesses attest in the testator's electronic presence and added a temporary electronic-wills section; D.C. Law 24-39 limited both to the period from March 11, 2020 until November 5, 2021. See the electronic wills section.
• Electronic wills (2023). D.C. Law 24-296, effective March 10, 2023, added Chapter 9 of Title 18 and the cross-reference to it in 18-103.
• Directed trusts (2025). D.C. Law 25-298, the Uniform Directed Trust Amendment Act of 2024, took effect March 21, 2025 and amended the trust code, including the definitions in 19-1301.03.
• Will registry (from 2025, deposits from 2028). D.C. Law 26-41, effective October 1, 2025, added Chapter 10 of Title 18. Under 18-1001, filing a will with the registry "shall not create any presumption as to the authenticity of the document, its signatures, or its admissibility in probate." Deposits do not begin until a future date: under 18-1002(a), "Beginning January 1, 2028, an original will may be deposited by a domiciliary testator, the testator's agent, or the testator's attorney, with the Register of Wills for safekeeping." During the testator's lifetime, a deposited will may be delivered only to the testator or a person the testator authorizes in writing, except in the incapacity proceedings described in 18-1002(e)(2).
• Temporary probate amendments (2026). D.C. Law 26-164, effective August 14, 2026, amends the abbreviated-probate provisions of Chapter 3 of Title 20 on a temporary basis, including section 20-312; the D.C. Code notes that the temporary text expires March 27, 2027.

Making a will in practice

The site's free District of Columbia will-maker tool can help draft a basic will. Whatever produces the document, a paper will must be signed and attested under section 18-103, and a gift to a witness is affected by 18-104; an electronic will follows the separate rules in Chapter 9. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in the District of Columbia. The tool is not legal advice.

Members of the armed forces have one federal option as well: under 10 U.S.C. 1044d, a military testamentary instrument is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate, and the statute defines "State" to include the District of Columbia (see the wills and trusts hub for the federal layer).

Related pages

• Wills and trusts laws by state
• District of Columbia probate
• District of Columbia small estate affidavit
• District of Columbia power of attorney laws

This article provides general legal information about District of Columbia law on wills and revocable trusts as of 2026-10-19. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in the District of Columbia or the Register of Wills.

Last updated: 2026-10-19.

Frequently Asked Questions

How many witnesses does a will need in D.C.?

A paper will needs at least two credible witnesses who attest and subscribe it in the testator's presence (D.C. Code 18-103). An electronic will needs at least two witnesses who sign in the testator's physical or electronic presence, each a resident of a state and physically located in a state at signing (18-905).

Can a beneficiary witness a will in D.C.?

A beneficiary can serve as a competent witness, but the gift to that witness is void, except that a witness who would inherit if the will failed keeps the gift up to that intestate share (D.C. Code 18-104).

Does a will have to be notarized in D.C.?

No. Section 18-103 does not require a notary. An officer is used only to make an electronic will self-proving under 18-908; a paper will is admitted on the witnesses' recital of due execution or a statement of someone with personal knowledge under 20-312(b).

Is a handwritten will valid in D.C.?

Only if it is attested and subscribed in the testator's presence by at least two credible witnesses, like any other paper will (D.C. Code 18-103). The District has no exception for an unwitnessed handwritten will.

Are electronic wills legal in D.C.?

Yes. The Uniform Electronic Wills Act (D.C. Code 18-901 to 18-911), effective March 10, 2023, allows a will that is a text record signed by the testator and by at least two witnesses in the testator's physical or electronic presence (18-905). It applies to wills of people who die on or after May 27, 2020 (18-911).

Does divorce revoke a will in D.C.?

Section 18-109, which lists the ways a will is revoked, does not mention divorce. It allows revocation by a later writing executed like a will or by a physical act with intent to revoke, and preserves revocation by implication of law, which is a matter for the courts.

Is a living trust revocable in D.C.?

Yes, unless its terms expressly say it is irrevocable, for a trust created under an instrument executed on or after March 10, 2004 (D.C. Code 19-1306.02(a)). The default does not apply to trusts under earlier instruments.

How long do you have to contest a revocable trust in D.C.?

The earliest of one year after the settlor's death, 90 days after the trustee sent a copy of the trust and notice, or six months after published notice where the trustee also mails the notice within 15 days of publication (D.C. Code 19-1306.04(a)).

Can a spouse be left out of a will in D.C.?

A surviving spouse or domestic partner may renounce the will within six months after it is admitted to probate and take the intestate share, capped at one-half of the net estate given by the will (D.C. Code 19-113). If the will gives the survivor nothing, no renunciation is needed.