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If you die without a valid will in Washington D.C., your possessions will pass according to the law of intestate succession. Intestate succession means that your estate will be divided based on what the law says, and that could be different from what you actually want. If Washington D.C. intestacy laws come into play, you and your family lose control over your estate’s distribution. The benefit of a will is that the control remains in your hands.

With FindLaw, you can easily create a will. Click on the links below to jump down the page:

Last updated: January 24, 2022

Written by:

Linda Long, J.D.

Contributing Author

Reviewed by:

Tim Kelly, J.D.

Contributing Author

A Washington, D.C. will option to suit your needs

Last Will and Testament
For One Person

A do-it-yourself last will that’s easy to personalize.

$79

What’s included:

Step-by-step guided process

Attorney-approved document compliant with your state’s laws

A last will and testament that’s customized to your wishes

Free changes and revisions to your will for up to one full year after purchase

* Select your state:

BEST VALUE

Estate Planning Package
For One person

All the forms you need to create a personal estate plan

$135

What’s included:

Last will and testament

Health care directive

Power of attorney

Free HIPAA release form

A comprehensive plan — for less

Free changes and revisions for up to one year after purchase

* Select your state:

How It Works

It only takes minutes to control your future. Need help? Contact one of our directory attorneys.

Create an account

Create a secure account which is accessible through an easy dashboard you can access any time.

Gather information

You will need a list of your assets, contact information for important people, and any wishes you want to be honored when you’re gone.

Complete your documents

Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing.

Make it legal

Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary.

Next steps to create your Washington, D.C. will

If you want a will, you can hire a lawyer or use a will form from a reliable source. If you use a form, follow these steps:

Get an understanding of your estate and your assets

Get a good feel for what is a part of your estate and what is not. In order to make a valid will, you must be able to demonstrate the necessary testamentary or mental capacity. There is no set definition of testamentary capacity, but many courts have reasoned that if a person has an idea of what property they own, it is a good indication that they intend to give their property away at their death.

Name your beneficiaries

You should give the full names and addresses of your beneficiaries to help your executor locate them when the time comes. You should also provide a comprehensive list of your assets. Make sure to include both real property and personal property. Real property refers to real estate like houses, land, and investment properties. Personal property covers everything else you own, like cars, furniture, and personal possessions. If you want specific items to go to specific people, you should include these details in your will.

Pick a personal representative

The personal representative is responsible for administering your estate according to your wishes. Any individual or business can act as a personal representative (such as a lawyer or bank). You should trust your personal representative to handle your estate properly. While the probate process is underway, your personal representative will work closely with your family and the courts. A personal representative should be appointed and a “back-up” agent should be named to act in their place if they can no longer fulfill their duties as a personal representative.

Sign and notarize

A last will and testament does not have to be notarized to be valid in Washington, D.C. However, Washington, D.C. permits wills to be “self-proving.” A self-proving will is one that is signed by the testator and at least two witnesses in front of a notary public.

Update your will as necessary

Your will should be updated after every major life change. Such changes may include the birth of children or divorce and remarriage.

You may want to speak with a lawyer if you:

Have a past divorce, blended family, or other complex family situation
Have a high-value estate
Own a business
Want to create a special needs trust
Want legal review of your completed will

Find a local estate planning lawyer

Ready to begin your District of Columbia will?

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Common questions about Washington, D.C. wills

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What is a last will and testament?

In a last will and testament, you expressly state what assets you own and to whom you intend to leave these assets. The effect only takes place after death. A will should name a personal representative who will handle and manage your estate after you die. Whenever you have minor children, you should name someone to act as their guardian. You should also name a secondary guardian in case your primary choice cannot care for your children.

Who needs a last will and testament?

Everyone should leave a last will and testament, regardless of the size of their estate. Your will should be viewed as a plan. Every individual can plan for their death with a will, avoiding costs and stress on your family when that time comes. There are certain items of property that do not pass with your will, for example, life insurance policies, property that has a co-owner, retirement plans, and other property that in itself has a beneficiary, but you can plan how and when your assets are distributed.

What makes a will legal in Washington, D.C.?

Under the laws of Washington, D.C. every will must conform to the following standards:

Be in writing
Be signed by the testator (i.e., the person who is executing the will) or a person under the direction and in the presence of the testator
Have attesting witnesses present to verify that this is the last will and testament of the testator and that they signed the document

How to write a will?

It can be intimidating to think about writing your will. FindLaw’s attorneys made the process simpler and easier. Using FindLaw’s DIY tool, you can begin the process of creating a Washington, D.C. will.

Does a will complete an estate plan?

Estate plans do not only include a last will and testament. Although a will is very important, and everyone should have one, a complete estate plan should also include a living will and advance directive. These are documents that can appoint a person to make decisions regarding your medical treatment in the event of your incapacity. In a document like a living will or advance directive, you can direct your family on whether you want life-sustaining treatment options.

What is testamentary capacity and why is it important?

“Testamentary capacity” refers to the testator’s mental ability to create and sign a legal document that distributes their property and names guardians for their minor children at death. Courts have recognized several ways for a plaintiff to prove testamentary capacity was not present when the will was executed, including that a testator did not know the extent of their estate or who would receive their estate if they left no will.

Can a last will and testament be revoked in Washington, D.C.?

Yes, you can revoke a last will and testament. Since provisions of a will do not take effect until after your death, you are able to make changes to the will until your death.

In Washington, D.C. you can revoke your will by:

Destroying the will (i.e., burning, tearing, etc. )
Making a new will that expressly revokes the previous will

It is important to note that, if you revoke your previous will but never write a new will, your property will pass via intestate succession in Washington, D.C. Additionally, if you divorce your spouse, your previous Washington, D.C. last will and testament will be automatically revoked entirely. Make sure that you keep your last will and testament updated.

Want an attorney to review your will?

Contact an experienced estate planning lawyer near you.