District of Columbia Last Will and Testament

Get the details on how last wills work in the District of Columbia, including information on how probate court works, what happens if you don’t have a last will, and more.

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A woman sits in her home office and reviews her last will and testament on her laptop.

Contents

Updated on: January 31, 2025
Read time: 5 min

A last will and testament is an important step in planning the distribution of your estate (real and personal property) upon your death. District of Columbia wills permit the testator, the person writing the will, to provide for a spouse, children, other loved ones, and pets after his death as well as to name a personal representative for the estate.

Not to be confused with a will, a District of Columbia living will provides instructions should you become incapacitated and incapable of making decisions regarding your medical care.

Close up of a hand signing a last will and testament.

Do you need a last will and testament?

Although a last will and testament is not legally required, without a will, state laws (called laws of intestacy) will determine the distribution of the deceased’s assets. The outcome may not coincide with the decedent's (the person who passed away) wishes, however, which means it is generally advisable to create a last will and testament.

In addition to providing the opportunity to direct asset distribution, a District of Columbia last will and testament form also allows the testator to make a charitable gift, create a trust for any person, name a legal guardian for minor children, or create a “pet trust” in order to provide for the care of an animal after its owner’s death.

Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person. Once the will is proven valid in probate court, the executor (the person overseeing the will) can then pay off any debts and taxes owed by the estate and then distribute the testator’s property according to the will.

Once the will is proven, the executor can proceed to wrap up the estate, which includes collecting and protecting property, paying off debts, and then distributing assets.

The District of Columbia offers supervised and unsupervised probate as well as options for small estates, including claiming property through an affidavit and using a simplified procedure for estates worth $40,000 or less.

Intestacy: Dying without a Will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. In the District of Columbia in the absence of a will, a surviving spouse inherits the entire estate unless the decedent and surviving spouse share descendants, in which case the spouse inherits two-thirds of the estate. The spouse’s share varies depending on whether the decedent or spouse also had descendants from another relationship.

If there is no surviving spouse, descendants, or parents, other relatives, including siblings and grandparents, will inherit depending on the closeness of the relation.

Exceptions to ability to distribute property

Not all property can be distributed according to a will. Some exceptions in the District of Columbia include the following:

  • Property owned in joint tenancy with right of survivorship
  • Homestead allowance of $30,000 for surviving spouse or minor or dependent child if no surviving spouse
  • Exempt property of up to $10,000 for surviving spouse or children if no surviving spouse, including household furniture, automobiles, furnishings, appliances, and personal effects

Form a last will in District of Columbia

The basic requirements for a District of Columbia last will and testament include the following:

  • Age: The testator must be at least 18 years old.
  • Capacity: The testator must be of “sound and disposing mind.”
  • Signature: The will must be signed by the testator or by someone else in the testator’s name in his presence, by his express direction.
  • Witnesses: A District of Columbia will must be signed by at least two witnesses in the presence of the testator.
  • Writing: A District of Columbia will must be in writing, except as noted below.
  • Beneficiaries: A testator can leave property to anyone.

Other recognized wills in District of Columbia

District of Columbia recognizes nuncupative (oral) wills made by a person in actual military or naval service or a mariner at sea under certain circumstances.

Changing or revoking a District of Columbia last will and testament

A District of Columbia will may be changed at any time by codicil, a type of amendment to the will, which must be executed in the same way as a will.

The revocation of a District of Columbia will can be accomplished in the following ways:

  • By executing a subsequent will, codicil, or other writing
  • By “burning, tearing, cancelling, or obliterating” the document, done by either the testator or by someone else with the intention of revoking it at the testator’s express direction and consent and in his presence.

Ready to take the next step to protect your family? LegalZoom can help you make a last will online in three easy steps.

District of Columbia last will and testament FAQs

What is the difference between a last will and testament and a living will in D.C.?

A last will and testament controls what happens to your property after you die, while a living will tells doctors what medical care you want if you can't speak for yourself. Your last will only takes effect after you die, but your living will works while you're still alive and incapacitated. Both estate planning documents are important, but they do completely different jobs.

How old do I need to be to make a will in Washington D.C.?

You must be at least 18 years old to make a valid will in D.C (§ 18-102). You also need to have what the law calls a "sound and disposing mind," which basically means you understand what you own, who your family members are, and what will happen when you give your stuff away. 

Do I need witnesses when I sign my will in D.C.?

Yes, you need at least two witnesses to watch you sign your will in D.C (§ 18-103). These witnesses must be present when you sign, and then they have to sign the will too while you're watching them. Generally, the witnesses should be people who won't get anything from your will (called "disinterested" witnesses), which can make the will stronger in court.

Can I completely cut my spouse out of my will in D.C.?

No, you cannot completely disinherit your spouse in D.C., even if you write it in your will. The law gives your spouse certain rights that you can't take away, including a $30,000 homestead allowance (§ 19-101.02). Your spouse may also get a family maintenance allowance to help pay for expenses during the administration period (§ 19-101.04)

How do I change or cancel my will after I've made it?

You can change your will by writing a "codicil" (which is like an official update) or by making a completely new will. A codicil must be signed and witnessed just like your original will. You can cancel your will by physically destroying it or by writing a new will that says the old one is invalid. Just remember that any changes need to follow the same rules as making the original will.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.