District of Columbia: Will Execution Requirements
The short answer
To make a valid paper will in the District of Columbia you must be at least 18 and of sound and disposing mind, put the will in writing, and sign it (or have someone sign for you in your presence and by your direction). At least two credible witnesses must then sign in your presence. Notarization is not required, and DC has no self-proving affidavit for paper wills. DC does not recognize a handwritten (holographic) will with no witnesses. DC does allow a fully electronic will, witnessed in person or by live audio-video, under its Uniform Electronic Wills Act — and a harmless-error rule can rescue a defective electronic record, but not a defective paper will.
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This is the general rule in District of Columbia. Ezel applies current District of Columbia law to your specific facts and answers with citations to the statutes.
| Governing law | D.C. Code Title 18 (Wills). Paper wills are governed by Chapter 1 (§§ 18-101 to 18-112); the core execution statute is § 18-103, with capacity at § 18-102 and the interested-witness rule at § 18-104. Electronic wills are governed by Chapter 9, the Uniform Electronic Wills Act (§§ 18-901 to 18-911), enacted by D.C. Law 24-296 and effective March 10, 2023. DC keeps a traditional two-witness paper regime alongside a modern electronic-will option |
|---|---|
| Minimum age & capacity | 'A will, testament, or codicil is not valid... unless the person making it is at least 18 years of age and, at the time of executing or acknowledging it..., of sound and disposing mind and capable of executing a valid deed or contract' (§ 18-102). Eighteen is the floor, with no minor exception. DC's capacity standard is expressly tied to deed/contract capacity, and the familiar test also applies — knowing the nature of the act, the natural objects of your bounty, and the property you own. Capacity is measured when you execute or acknowledge the will |
| Writing & signature | 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' (§ 18-103(1)). If you cannot sign, another person may sign for you, but only in your presence and at your express direction. The statute states no signature-at-the-end rule. For an electronic will, § 18-905 requires a record readable as text, signed by the testator (or a proxy in the testator's physical presence and by direction) |
| Witnesses required | Two witnesses. A paper will must be 'attested and subscribed in the presence of the testator, by at least two credible witnesses' (§ 18-103(2)) — the witnesses must sign in your presence. Interested witness: DC uses a PURGING rule (§ 18-104) — a gift to an attesting witness is 'void as to him,' except the witness may still take up to the share they would receive in intestacy; the witness stays competent and the will itself remains valid, only the excess gift is purged. For an electronic will, the two witnesses may be in the testator's physical OR electronic (live audio-video) presence and sign within a reasonable time (§ 18-905(a)(3)) |
| Notarization & self-proving | Notarization is never required to make a DC will valid, and a notary is not a witness. Unlike Uniform Probate Code states, DC has NO statutory self-proving affidavit for ordinary paper wills — Chapter 1 provides none, so a paper will's witnesses may have to prove it in the Probate Division; a notarized affidavit is commonly attached in practice but is not codified for paper wills. A codified self-proving mechanism exists only for ELECTRONIC wills (§ 18-908), where the testator's acknowledgment and the witnesses' affidavits before an authorized officer make the e-will self-proving at execution |
| Handwritten (holographic) wills | No. A paper will is 'void unless' it is attested by at least two credible witnesses (§ 18-103), and DC has no holographic-will provision — an unwitnessed handwritten will is not valid in the District. The only oral/informal exception is a narrow nuncupative will for a person 'in actual military or naval service or a mariner at sea,' limited to personal property and tightly conditioned (§ 18-107). A holographic will valid where and when it was made elsewhere may still be honored in DC under ordinary foreign-will principles |
| Electronic & remote wills | Permitted. DC enacted the Uniform Electronic Wills Act (Chapter 9), effective March 10, 2023. An electronic will must be a text-readable record, signed by the testator (or a proxy in the testator's physical presence), and signed by at least two witnesses — who may be in the testator's PHYSICAL OR ELECTRONIC presence (live audio-video, remote witnessing) and located in a state — within a reasonable time after witnessing (§ 18-905). An electronic will can be made self-proving (§ 18-908) and reduced to a certified paper copy (§ 18-909) |
| Harmless-error / curative doctrine | Split. DC has a harmless-error rule, but ONLY for electronic records: under § 18-906 a text record that fails the electronic-will execution rules (§ 18-905(a)) is deemed to comply if the proponent proves by clear and convincing evidence that the decedent intended it as their will (or a revocation, modification, or revival). There is NO harmless-error rule for ordinary paper wills — § 18-103 makes a noncompliant paper will 'void,' so a paper will that misses a formality is strictly fatal and cannot be saved by proof of intent |
Compare this rule across all 50 states + DC →
Requirements one by one
Governing law
The District of Columbia keeps two parallel regimes for wills, both in D.C. Code Title 18. Ordinary
paper wills live in Chapter 1 (§§ 18-101 to 18-112): the core execution rule is § 18-103, with capacity
at § 18-102 and the interested-witness rule at § 18-104. Electronic wills live in Chapter 9, the Uniform
Electronic Wills Act (§§ 18-901 to 18-911), which the Council enacted as D.C. Law 24-296, effective
March 10, 2023. So DC has a traditional, strict two-witness paper regime and, since 2023, a modern
electronic-will option that even allows remote witnessing.
Minimum age & capacity
A will "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..., of sound and disposing mind and capable of executing a valid
deed or contract" (§ 18-102). Eighteen is the floor, with no exception for a younger person. DC ties
testamentary capacity expressly to the ability to make a valid deed or contract, and the familiar test
also applies: you must understand that you are making a will, know the people who would normally inherit
(the natural objects of your bounty), and know the general nature and extent of your property. Capacity
is judged at the time you execute or acknowledge the will.
Writing & signature
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" (§ 18-103(1)). If you cannot sign yourself, another person may
sign for you — but only in your presence and at your express direction. The statute states no rule that
the signature go at the end of the document. For an electronic will, § 18-905 requires instead a record
that is readable as text, signed by the testator (or a proxy in the testator's physical presence and by
the testator's direction).
Witnesses required
DC requires two witnesses. A paper will must be "attested and subscribed in the presence of the testator,
by at least two credible witnesses" (§ 18-103(2)) — meaning the two witnesses must sign in your presence.
The safest practice is for you and both witnesses to be together and to sign in one sitting.
On interested witnesses, DC uses a purging rule (§ 18-104). A gift to an attesting witness is "void as to
him," so a beneficiary who also serves as a witness generally loses the gift — but there is a cushion: if
that witness would have inherited something in intestacy, they may still take up to their intestate share
(§ 18-104(b)). The interested witness is not disqualified as a competent witness, and the will itself
stays valid (§ 18-104(d)); only the excess gift is purged. The clean fix is to use two disinterested
witnesses so nothing is at risk.
For an electronic will, the two witnesses may be in the testator's physical or electronic presence — DC
allows live audio-video (remote) witnessing — and each must sign within a reasonable time after witnessing
the signing or the testator's acknowledgment (§ 18-905(a)(3)).
Notarization & self-proving
Notarization is never required to make a DC will valid, and a notary is not a witness. DC is unusual in
that it has no statutory self-proving affidavit for ordinary paper wills: Chapter 1 provides none, so the
witnesses to a paper will may have to prove it in the Probate Division. In practice lawyers still attach a
notarized witness affidavit to ease probate, but it is not a codified "self-proving" procedure for paper
wills. A codified self-proving mechanism exists only for electronic wills: under § 18-908, the testator's
acknowledgment and the witnesses' affidavits before an authorized officer can make an electronic will
self-proving at the moment of execution.
Handwritten (holographic) wills
DC does not recognize holographic wills. Because § 18-103 makes a paper will "void unless" it is attested
by at least two credible witnesses, and DC has no holographic-will provision, a purely handwritten,
unwitnessed will is not valid in the District. The only oral or informal exception is a narrow nuncupative
will for someone "in actual military or naval service or a mariner at sea," limited to personal property
and tightly conditioned (§ 18-107). A handwritten will that was valid where and when it was made elsewhere
may still be honored in DC under ordinary foreign-will principles, but you cannot create a valid
holographic will in the District itself.
Electronic & remote wills
DC permits a fully electronic will. Its Uniform Electronic Wills Act (Chapter 9), effective March 10,
2023, provides at § 18-905 that an electronic will must be a text-readable record, signed by the testator
(or a proxy in the testator's physical presence), and signed by at least two witnesses. Those witnesses
may be in the testator's physical or electronic presence — DC expressly allows live audio-video, remote
witnessing — so long as each witness is located in a state and signs within a reasonable time after
witnessing. An electronic will can be made self-proving (§ 18-908) and turned into a certified paper copy
for probate (§ 18-909).
Harmless-error / curative doctrine
DC's harmless-error rule cuts only one way: it rescues defective electronic records, not defective paper
wills. Under § 18-906, a text record that fails the electronic-will execution rules is "deemed to comply"
if the proponent proves by clear and convincing evidence that the decedent intended it as their will (or a
revocation, modification, or revival). There is no equivalent for a paper will — § 18-103 flatly makes a
noncompliant paper will "void." So a paper will that misses a formality (say, only one witness) cannot be
saved in DC no matter how clear the intent, while a comparable electronic record can be.
What trips people up
A handwritten will alone will not work here. DC does not accept holographic wills. A will you write
out and sign but do not have witnessed is void in the District (§ 18-103), even if it is entirely in your
handwriting. You need two credible witnesses, or a valid electronic will.
Notarizing a paper will does not make it "self-proving" in DC. Unlike most states, DC has no
self-proving-affidavit statute for paper wills. A notary adds nothing to validity, and the witnesses may
still have to prove the will in probate. The only codified self-proving path is for electronic wills
(§ 18-908).
Harmless error will not rescue a paper will. The clear-and-convincing-evidence rescue in § 18-906
applies only to electronic records. A paper will with a missing witness is void under § 18-103 — get both
witnesses right the first time.
A witness who inherits can lose the gift. Under DC's purging rule (§ 18-104), a beneficiary who also
witnesses the will generally forfeits the gift (keeping at most an intestate share). Use two disinterested
witnesses so no one's inheritance is at risk.
Common questions
Does my DC will have to be notarized? No. Notarization is never required to make a DC will valid, and
for a paper will DC has no self-proving affidavit, so notarizing does not even streamline probate the way
it does in most states. For an electronic will, a notarized self-proving affidavit under § 18-908 is
available.
Can I make a valid handwritten will in DC? No. DC does not recognize holographic (unwitnessed
handwritten) wills. Your will must be signed by two credible witnesses in your presence (§ 18-103), unless
you make a valid electronic will instead.
Can my witnesses watch me sign over video? Only for an electronic will. DC's Uniform Electronic Wills
Act allows the two witnesses to be in your "physical or electronic presence" — live audio-video (§ 18-905).
A traditional paper will still needs the witnesses to sign in your physical presence.
If my will is missing a witness, can a court still accept it? Only if it is an electronic will. DC's
harmless-error rule (§ 18-906) can save a defective electronic record on clear and convincing evidence of
intent, but a paper will that fails § 18-103 is void and cannot be rescued.
Statutes and sources
- D.C. Code § 18-102 — capacity: at least 18, of sound and disposing mind, and capable of executing a valid deed or contract.
https://code.dccouncil.gov/us/dc/council/code/sections/18-102 (accessed 2026-07-11) - D.C. Code § 18-103 — paper will void unless in writing and signed by the testator (or a proxy in his presence and by his express direction) and attested and subscribed by at least two credible witnesses in the testator's presence.
https://code.dccouncil.gov/us/dc/council/code/sections/18-103 (accessed 2026-07-11) - D.C. Code § 18-104 — interested-witness purging rule: gift to an attesting witness void as to him, except up to his intestate share; witness stays competent and the will remains valid.
https://code.dccouncil.gov/us/dc/council/code/sections/18-104 (accessed 2026-07-11) - D.C. Code § 18-905 — execution of an electronic will: text record, testator's signature, two witnesses in the testator's physical or electronic presence signing within a reasonable time.
https://code.dccouncil.gov/us/dc/council/code/sections/18-905 (accessed 2026-07-11) - D.C. Code § 18-906 — harmless error for electronic records only, on clear and convincing evidence of the decedent's intent.
https://code.dccouncil.gov/us/dc/council/code/sections/18-906 (accessed 2026-07-11) - D.C. Code § 18-107 — nuncupative (oral) wills valid only for military/naval service members and mariners at sea, limited to personal property.
https://code.dccouncil.gov/us/dc/council/code/sections/18-107 (accessed 2026-07-11)
Source links
Every statute quoted above, linked, with the date we checked it.
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