Free District of Columbia Last Will and Testament
Build a complete District of Columbia will in minutes — free, no account. Fill in your details and download a ready-to-sign PDF with the protective clauses built in and District of Columbia's correct signing requirements.
A free, ready-to-sign will — but not legal advice.
This builds a complete District of Columbia will with the protective clauses most templates skip (survivorship period, residuary, minor's trust, executor powers). It becomes legally valid only when you sign it correctly (see the signing steps below). For a large or blended estate, have an attorney review it. RecordingLaw.com is not a law firm.
About you
Children
Name all your children, even any you are not leaving anything to — naming them prevents an 'omitted child' claim.
Who inherits everything else (your residuary estate)
The catch-all gift of everything not specifically given. Shares should total 100%.
Specific gifts (optional)
Particular items or sums to particular people.
Executor (the person who carries out your will)
Options
Naming them states the omission is intentional. Note: you generally cannot fully disinherit a spouse (see the warnings).
Before you sign — District of Columbia notes
Choose 2 witnesses who are adults and who do NOT inherit under this Will. A beneficiary (or a beneficiary's spouse) should never witness your Will, because in District of Columbia an interested witness can lose their gift.
District of Columbia does not use a self-proving affidavit, so your witnesses may need to testify to validate the Will in probate. Keep a record of who they are.
Add at least one residuary beneficiary with a share above 0%. Without a residuary gift, everything not specifically given would pass by intestacy (state default rules), defeating the point of the Will.
To make this Will valid in District of Columbia: Put the will in writing and sign it (or have another sign in your presence at your express direction). At least two credible witnesses must attest and subscribe (sign) the will IN YOUR PRESENCE. Use DISINTERESTED witnesses: under D.C. Code § 18-104 any gift to an attesting witness or that witness's spouse is VOID. The District of Columbia does NOT offer a self-proving affidavit for paper wills (only electronically executed wills can be made self-proving under the 2022 Uniform Electronic Wills Act), so witnesses may need to testify or supply proof in probate. Notarization of the will is not required and does not substitute for witnesses. DC does NOT recognize holographic wills.
This is a do-it-yourself Will for a straightforward estate. If you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family, have an attorney review it. This is not legal advice and RecordingLaw.com is not a law firm.
Or email yourself a copy (PDF)
Last Will and Testament of [YOUR FULL NAME]
ARTICLE I — DECLARATION
I, [YOUR FULL NAME], a resident of [CITY], [COUNTY] County, District of Columbia, being of full legal age to make a will and of sound mind and memory, declare this to be my Last Will and Testament, and I revoke all wills and codicils I have previously made.
ARTICLE II — FAMILY
I am not married.
If I have not named or provided for a child or other descendant in this Will, that omission is intentional and not the result of accident or mistake.
ARTICLE III — PAYMENT OF DEBTS, EXPENSES, AND TAXES
I direct my Executor to pay my legally enforceable debts, the expenses of my last illness and funeral, the costs of administering my estate, and any estate or inheritance taxes payable by reason of my death, out of the residue of my estate, without apportionment.
ARTICLE IV — TANGIBLE PERSONAL PROPERTY
I give my tangible personal property (household goods, furniture, vehicles, jewelry, collections, and personal effects not otherwise specifically given) to my residuary beneficiaries as they agree, or as my Executor determines if they cannot agree.
I may leave a separate written memorandum, signed and dated by me, disposing of items of tangible personal property. District of Columbia law allows such a memorandum to be given effect, and I direct my Executor to honor the most recent such memorandum I leave.
ARTICLE V — RESIDUARY ESTATE
I give all the rest, residue, and remainder of my estate to [RESIDUARY BENEFICIARY].
If no beneficiary named in this article survives me, my residuary estate shall pass to my heirs at law under the intestacy laws of my state.
ARTICLE VI — SURVIVORSHIP
Except as otherwise provided, a beneficiary must survive me by 30 days to receive any gift under this Will. A beneficiary who does not survive me by 30 days shall be treated as having predeceased me. This protects my estate from passing through the estate of a beneficiary who dies shortly after me.
ARTICLE VII — APPOINTMENT OF EXECUTOR
I nominate [EXECUTOR NAME] as Executor of this Will.
I direct that my Executor serve without bond and, to the fullest extent allowed by law, without court supervision (independent administration). My Executor shall have all powers granted to executors and personal representatives under the law of my state, including the power to sell, lease, invest, and distribute estate property, to pay debts and taxes, and to settle claims, all without prior court approval, as my Executor deems to be in the best interest of my estate.
ARTICLE VIII — DIGITAL ASSETS
I authorize my Executor to access, manage, distribute, and dispose of my digital assets and electronic communications, and to act as my fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act (or its equivalent in my state), with full authority to consent to a custodian's disclosure of the content and records of my electronic communications and accounts.
ARTICLE IX — SIMULTANEOUS DEATH
If any beneficiary and I die under circumstances in which the order of our deaths cannot be established, that beneficiary shall be deemed to have predeceased me. If my spouse and I die under such circumstances, my spouse shall be deemed to have predeceased me.
ARTICLE X — GENERAL PROVISIONS
This Will shall be governed by the laws of the State of District of Columbia.
If any provision of this Will is held invalid, the remaining provisions shall remain in full effect. Words of one gender include the other, and the singular includes the plural, as the context requires. The headings are for convenience only and do not affect the meaning of this Will.
EXECUTION
IN WITNESS WHEREOF, I sign this Will, consisting of the foregoing pages, on this _____ day of ____________, 20____, at [CITY], District of Columbia.
____________________________________
[YOUR FULL NAME], Testator
ATTESTATION — The foregoing instrument was signed by the Testator and declared to be the Testator's Will in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, sign below as witnesses, believing the Testator to be of sound mind and under no constraint or undue influence.
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
How to Sign Your Will in District of Columbia
Put the will in writing and sign it (or have another sign in your presence at your express direction). At least two credible witnesses must attest and subscribe (sign) the will IN YOUR PRESENCE. Use DISINTERESTED witnesses: under D.C. Code § 18-104 any gift to an attesting witness or that witness's spouse is VOID. The District of Columbia does NOT offer a self-proving affidavit for paper wills (only electronically executed wills can be made self-proving under the 2022 Uniform Electronic Wills Act), so witnesses may need to testify or supply proof in probate. Notarization of the will is not required and does not substitute for witnesses. DC does NOT recognize holographic wills.
District of Columbia requires 2 witnesses: The will must be in writing and signed by the testator (or by another person in the testator's presence and by the testator's express direction), and attested and subscribed in the presence of the testator by at least two credible witnesses (D.C. Code § 18-103). Witnesses must sign in the testator's presence. CRITICAL: under D.C. Code § 18-104, a beneficial devise, legacy, gift, or power of appointment to an attesting witness (or to that witness's spouse) is VOID — the interested witness remains competent to witness, but their gift is lost. ALWAYS use two disinterested witnesses in DC.. Your will does not need to be notarized to be valid.
Choose witnesses who are adults and who do not inherit under your will. In District of Columbia an "interested" witness (a beneficiary) can lose their gift, so this matters. District of Columbia does not use a self-proving affidavit, so keep a record of who witnessed your will in case they need to confirm it in probate.
Can You Use a Handwritten (Holographic) Will in District of Columbia?
No. District of Columbia does not recognize holographic (handwritten, unwitnessed) wills — a handwritten note will not work. Your will must be typed and signed in front of 2 witnesses, which is exactly what this generator produces.
Spousal and Family Protections in District of Columbia
Can you disinherit your spouse? Cannot fully disinherit a spouse (or domestic partner). The surviving spouse/domestic partner may renounce the will and elect a statutory share equal to the INTESTATE share they would have received had the decedent died without a will, BUT CAPPED at one-half (1/2) of the decedent's net estate that passes under the will. Election must be filed within 6 months after the will is admitted to probate.
Children born after your will: DC has NO codified pretermitted-CHILD statute (one of the few jurisdictions, with Wyoming, lacking one). Protection comes from COMMON LAW: a will executed before the birth of a child may be revoked (in whole or part) as to that after-born child unless the will shows intent to provide for/omit such a child. Because protection is judge-made and uncertain, the generator should STRONGLY recommend naming all children and after-born children expressly. This is why the generator has you name your children and states that any omission is intentional.
If a beneficiary dies before you: BROAD anti-lapse: unless the will provides otherwise, if ANY devisee or legatee dies before the testator leaving ISSUE who survive the testator, the issue take the gift the devisee/legatee would have taken. Not limited to relatives of the testator (unlike the UPC grandparent's-descendants formulation) — applies to any beneficiary who leaves surviving issue. The generator's "per stirpes" option and survivorship clause work alongside this rule.
Survivorship, No-Contest, and Digital Assets
Survivorship: DC follows the Uniform Simultaneous Death Act (D.C. Code § 19-301 et seq.) requiring a beneficiary to survive the decedent, but does NOT impose the UPC 120-hour minimum as a will default. The generator should BUILD IN an express survivorship clause (e.g., 30-day) since the District does not supply a 120-hour default. The generator builds in a 30-to-60-day survivorship period regardless.
No-contest clauses: DC enforces no-contest (in terrorem) clauses STRICTLY and does NOT recognize a probable-cause / good-faith exception. A beneficiary who contests forfeits even if the contest was brought in good faith and with probable cause (Barry v. American Security & Trust Co.; Ackerman v. Genevieve Ackerman Family Trust, 908 A.2d 1200 (D.C. 2006)). DC has NOT adopted the UPC probable-cause carve-out.
Digital assets: District of Columbia has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, so your executor can manage your online accounts and digital property — the generator includes a clause granting that authority.
Personal-property list: District of Columbia lets you leave a separate signed list (a "memorandum") giving away specific personal items, so you can update who gets what without rewriting your will.
What Happens If You Die Without a Will in District of Columbia?
The District of Columbia uses clean fractions rather than dollar thresholds. A surviving spouse or domestic partner takes two-thirds when all children are shared (and the spouse has no other kids), three-fourths when only a parent survives, and one-half whenever a step-relationship is involved — with the descendants taking the remainder.
- Spouse, no children: Entire intestate estate (no descendant or parent of the decedent survives). Applies equally to a surviving spouse or registered domestic partner.
- Spouse and shared children: All of the decedent's surviving descendants are also descendants of the spouse, and the spouse has no other descendants: spouse takes two-thirds of the estate; the descendants share the remaining one-third.
- Spouse and a child from another relationship: Spouse takes one-half in two situations: (a) all descendants are joint but the surviving spouse has one or more other descendants of their own; or (b) one or more of the decedent's surviving descendants are NOT descendants of the spouse. The descendants share the other half. This is the gotcha.
- Children, no spouse: No spouse: the surplus passes to the decedent's children in equal shares, with the descendants of a deceased child taking that child's share by representation (D.C. Code 19-306, 19-307).
- No spouse or children: No spouse or descendants: to surviving parent(s); then to collateral relatives (siblings and their descendants), then to grandparents and more remote next of kin per the D.C. distribution scheme; ultimately escheat to the District.
Unmarried partners, friends, and stepchildren you have not adopted generally receive nothing under intestacy. A will is how you override these defaults. Source: D.C. Code §§ 19-302, 19-303, 19-306.
Updating, Revoking, and Storing Your Will
Review your will after any big life change — marriage, divorce, a birth, a death, or a move to a new state. To change it, either sign a new will that revokes the old one (the cleanest option, and what this generator produces) or add a witnessed "codicil." Do not cross things out on a signed will — handwritten edits can invalidate it. Store the signed original somewhere safe and tell your executor where it is; a will that cannot be found is presumed revoked.
Common mistakes to avoid: using a beneficiary as a witness; forgetting a residuary clause (so part of the estate passes by intestacy); leaving a young child a lump sum outright at 18 instead of in trust; not naming a backup executor or guardian; and never actually signing the document. The generator above is built to avoid each of these.
Frequently Asked Questions
Is a will made online valid in District of Columbia?
Yes, if you sign it correctly. District of Columbia requires 2 witnesses. The document this tool creates is a standard typed will; it becomes legally valid when you sign it following the steps above.
Does my District of Columbia will need to be notarized?
No. District of Columbia does not require your will to be notarized to be valid. Notarizing the separate self-proving affidavit is optional but makes probate easier.
How many witnesses does a District of Columbia will need?
2 witnesses. The will must be in writing and signed by the testator (or by another person in the testator's presence and by the testator's express direction), and attested and subscribed in the presence of the testator by at least two credible witnesses (D.C. Code § 18-103). Witnesses must sign in the testator's presence. CRITICAL: under D.C. Code § 18-104, a beneficial devise, legacy, gift, or power of appointment to an attesting witness (or to that witness's spouse) is VOID — the interested witness remains competent to witness, but their gift is lost. ALWAYS use two disinterested witnesses in DC. They should be adults who do not inherit under the will.
Can I leave my spouse out of my District of Columbia will?
Cannot fully disinherit a spouse (or domestic partner). The surviving spouse/domestic partner may renounce the will and elect a statutory share equal to the INTESTATE share they would have received had the decedent died without a will, BUT CAPPED at one-half (1/2) of the decedent's net estate that passes under the will. Election must be filed within 6 months after the will is admitted to probate.
What happens if I die without a will in District of Columbia?
The District of Columbia uses clean fractions rather than dollar thresholds. A surviving spouse or domestic partner takes two-thirds when all children are shared (and the spouse has no other kids), three-fourths when only a parent survives, and one-half whenever a step-relationship is involved — with the descendants taking the remainder.
Does a District of Columbia will avoid probate?
No. A will still goes through probate — it directs how your estate is distributed and names your executor, but the court still supervises (often a simplified, independent administration). To avoid probate entirely, people use living trusts and beneficiary designations in addition to a will.
How old do I have to be to make a will in District of Columbia?
Generally 18. A person 18 years of age or older, who is of sound and disposing mind and capable of executing a valid deed or contract, may make a will (D.C. Code § 18-102). No marriage/military exception. You must also be of sound mind.
Can I write my will by hand in District of Columbia?
No. District of Columbia does not recognize handwritten, unwitnessed wills. Your will must be typed and properly witnessed.
Do I need a lawyer to make a will in District of Columbia?
Not for a straightforward estate — a properly signed will is valid whether or not a lawyer drafts it. See an attorney if you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is not legal advice and RecordingLaw.com is not a law firm.
Disclaimer
This generator produces a general-purpose will for a straightforward estate and is not legal advice or a substitute for an attorney. Will and probate law changes; the District of Columbia requirements here are current as of 2026-06-03. A will is only valid if signed and witnessed correctly. For a large, blended, or complex estate, tax planning, a special-needs beneficiary, or to disinherit close family, consult a District of Columbia estate-planning attorney. RecordingLaw.com is not a law firm.
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