Question 1

What makes a will valid in District of Columbia?

Accepted Answer

A person must be at least 18 years old, of sound and disposing mind, and capable of making a deed or contract. The will must be in writing and signed by the will-maker (or by another person in the will-maker's presence and at their express direction), and attested and signed in the will-maker's presence by at least two credible witnesses.

Question 2

Is a handwritten will valid in District of Columbia?

Accepted Answer

No. D.C. law has no exception for handwritten wills: a will that is not attested by two witnesses is void. The only exceptions are limited oral (nuncupative) wills under § 18-107 and electronic wills under the Uniform Electronic Wills Act.

Question 3

Who inherits if someone dies without a will in District of Columbia?

Accepted Answer

Surviving spouse or domestic partner: the entire estate if no descendant or parent survives; three-fourths if a parent but no descendant survives; two-thirds if all of the decedent's descendants are also the spouse's and the spouse has no other descendants; one-half if the spouse has descendants who are not the decedent's, or if the decedent has descendants who are not the spouse's. The rest passes to descendants, and if none, to parents, then siblings and their descendants, and then more distant relatives.

Question 4

What is a surviving spouse entitled to in District of Columbia?

Accepted Answer

A surviving spouse or domestic partner who is left something in the will may instead take the share they would receive if there were no will, but not more than one-half of the net estate, by filing a written renunciation in the Probate Court within 6 months after the will is admitted to probate (the court may extend this for reasonable cause). If the will leaves the spouse nothing, no renunciation is needed and the spouse takes the legal share.

Question 5

What is the small estate limit in District of Columbia?

Accepted Answer

D.C. does not use a simple out-of-court affidavit. Instead, an estate of $80,000 or less may be handled as a small estate in the Probate Division: a person eligible to be personal representative files a verified petition listing the decedent's property, known creditors and claims, and any pending lawsuits.

Question 6

Is there a simplified probate process in District of Columbia?

Accepted Answer

Small estate administration ($80,000 or less): after the petition, the court appoints a personal representative, may order immediate payment of funeral expenses, and directs one published notice; claims and objections are due within 30 days after publication. Larger estates go through standard (usually unsupervised) administration.

Question 7

How does probate work in District of Columbia?

Accepted Answer

Standard administration in the Probate Division: petition for probate and appointment of a personal representative; letters issued (bond unless excused); within 20 days after appointment, publish notice of appointment once a week for 2 weeks, telling creditors to present claims within 6 months; prepare a verified inventory within 3 months after appointment (filed with the court in supervised estates); pay claims and expenses; distribute and close the estate.

Question 8

How long do creditors have to file claims against an estate in District of Columbia?

Accepted Answer

Claims are barred unless presented to the personal representative or filed with the Register of Wills within 6 months after the first publication of notice of the personal representative's appointment. In a small estate, claims are due within 30 days after the single publication.

Question 9

Who can be an executor in District of Columbia?

Accepted Answer

Priority: the personal representative named in the will, then the surviving spouse or domestic partner (and, with no will, children), residuary legatees, children, grandchildren, parents, siblings, next of kin, other relatives, the largest creditor, then any other person. A person under 18, a person with certain unpardoned felony convictions, or a non-citizen who is not a lawful permanent resident cannot serve. A non-resident of D.C. may serve only after filing an irrevocable power of attorney naming the Register of Wills to receive notices and legal papers. Bond (with court-approved surety) is required unless the will excuses it or interested persons waive it in writing; a person with an interest or claim over $1,000 may demand bond.

Question 10

Does District of Columbia allow transfer-on-death deeds?

Accepted Answer

Yes. An owner with the capacity needed to make a will may sign a transfer on death deed. It must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded with the Office of the Recorder of Deeds before the owner dies.

Question 11

What does a quitclaim deed need to be valid in District of Columbia?

Accepted Answer

A deed must be executed, acknowledged before a notary or other authorized officer, and certified as D.C. law requires, then delivered to the grantee. To protect against creditors and later buyers, it must be recorded with the D.C. Recorder of Deeds. Each deed must be filed with a recordation tax return signed by all parties; the recordation tax on a deed is generally 1.1% of the consideration or fair market value, plus an additional 0.35% for most deeds except residential transfers under $400,000.

Question 12

What are the requirements for a power of attorney in District of Columbia?

Accepted Answer

D.C. has an optional statutory power of attorney form. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction) and is not valid unless acknowledged before a notary or other authorized officer. It is durable unless it expressly says otherwise.

Question 13

What are the requirements for a health care directive in District of Columbia?

Accepted Answer

Durable power of attorney for health care: a competent adult signs and dates a written document naming an agent, with language that it survives (or takes effect on) incapacity, before two adult witnesses. Witnesses cannot be the principal's health care provider or the provider's employee, and at least one must be unrelated to the principal and not an heir or beneficiary. Living will (declaration under the Natural Death Act): any person 18 or older signs a written, dated declaration before two adult witnesses who are not relatives, heirs, financially responsible for the person's care, or the attending physician or facility staff; a model form is in the statute. These sections do not require notarization.

Question 14

Does District of Columbia have an estate or inheritance tax?

Accepted Answer

D.C. has an estate tax (no inheritance tax). For deaths in 2026 the exclusion (zero bracket) amount is $4,988,400; the amount is adjusted each year for inflation. The amount above the exclusion is taxed at graduated rates.

Question 15

How do I make a living will in District of Columbia?

Accepted Answer

D.C. calls a living will a "declaration" under its Natural Death Act. Anyone 18 or older may sign one directing that life-sustaining procedures be withheld or withdrawn if they are in a terminal condition. It must be in writing, signed by the person (or by another in their presence at their express direction), dated, and signed in front of two witnesses who are at least 18. A witness cannot be the person who signed for the declarant, a relative by blood, marriage or domestic partnership, an heir or will beneficiary, someone directly financially responsible for the person's medical care, or the attending physician or an employee of the physician or health facility. The declarant must let the attending physician know the declaration exists. A model form is in the statute; notarization is not required.

Question 16

How do I make a medical power of attorney in District of Columbia?

Accepted Answer

D.C. uses a "durable power of attorney for health care." A competent adult signs and dates a written document naming an agent, with language that it survives (or takes effect on) incapacity, before two adult witnesses. Witnesses cannot be the principal's health care provider or the provider's employee, and at least one must be unrelated to the principal and not an heir or will beneficiary. A statutory form is provided. Notarization is not required.

Question 17

How do living trusts work in District of Columbia?

Accepted Answer

D.C. has adopted the Uniform Trust Code. For trusts created by instruments signed on or after March 10, 2004, a trust is revocable unless its terms expressly say it is irrevocable, and the settlor may revoke or amend it. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left in the decedent's name may require probate or a small estate proceeding.

Question 18

What does an executor have to do in District of Columbia?

Accepted Answer

Within 20 days after appointment, the personal representative publishes notice of the appointment once a week for two successive weeks, stating whether administration is supervised or unsupervised and telling creditors to present claims (generally within six months). Within three months after appointment, the representative prepares a verified inventory listing each item of property with its date-of-death fair market value and any encumbrance (filed with the court in supervised estates). A supervised representative files verified accounts with the court, and approval of the final account closes the estate. An unsupervised estate is closed by filing a Certificate of Completion; otherwise the appointment ends automatically three years after appointment unless extended.

Question 19

How do I get letters testamentary in District of Columbia?

Accepted Answer

Letters are issued by the Probate Division of the D.C. Superior Court (Office of the Register of Wills). A petition for probate and appointment of a personal representative is filed with the will. As a condition of appointment, the personal representative files a statement accepting the duties of the office, any required bond, and a written consent to personal jurisdiction in D.C.; a non-resident must also file an irrevocable power of attorney naming the Register of Wills to receive legal papers. Bond is required unless the will excuses it or interested persons waive it in writing. The court then issues letters testamentary (with a will) or letters of administration (without one).

Question 20

Does District of Columbia have an affidavit of heirship?

Accepted Answer

No statute. D.C. has no statutory affidavit of heirship for real estate. Heirs are determined in a Probate Division proceeding (standard administration or, for estates of $80,000 or less, small estate administration), unless the property passes by a transfer on death deed, survivorship, or a trust.

Question 21

How can you avoid probate in District of Columbia?

Accepted Answer

Non-probate options in D.C. include: transfer on death deeds for real estate, recorded with the Recorder of Deeds before death (D.C. Code §§ 19-604.08, 19-604.09); multiple-party and payable-on-death accounts, which belong to the surviving party or beneficiary (D.C. Code § 19-602.12); transfer-on-death registration of securities (D.C. Code § 19-603.01 and following); a single beneficiary designated on a D.C. vehicle title through the DMV; property in a funded revocable trust (D.C. Code § 19-1306.02); and small estate administration for estates of $80,000 or less (D.C. Code § 20-351).

Question 22

Where can I get a power of attorney form in District of Columbia?

Accepted Answer

D.C. has an optional "District of Columbia Statutory Power of Attorney Form" for finances (D.C. Code 21-2603.01). A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction) and is invalid unless acknowledged before a notary public or other official authorized to take acknowledgments (21-2601.05). For health care, a durable power of attorney for health care must clearly authorize the agent to make health-care decisions and be signed and dated by the principal and two adult witnesses who affirm the principal was of sound mind and free from duress; the principal's health-care provider and the provider's employees cannot witness, and at least one witness must be unrelated to the principal and not entitled to any part of the estate (21-2205). D.C. Code 21-2207 contains the related form.

Question 23

How do I search probate court records in District of Columbia?

Accepted Answer

Wills and estates are handled by the Probate Division of the Superior Court of the District of Columbia.

Question 24

How do I transfer a car title after someone dies in District of Columbia?

Accepted Answer

Through the D.C. Department of Motor Vehicles. A surviving joint owner applies for a new title with the existing title and an authenticated death certificate (exempt from excise tax when the survivor becomes sole owner). A beneficiary named on the title brings the death certificate, their ID and the title fee; no probate or letters are needed. Otherwise, the applicant needs an assignment of title signed by the personal representative, an authenticated copy of letters testamentary or administration (while probate is open) or an authenticated small estate order listing the vehicle (or, for a vehicle held in trust, the signed trust agreement), a DMV title application, and the original death certificate.

Probate steps	Standard administration in the Probate Division: petition for probate and appointment of a personal representative; letters issued (bond unless excused); within 20 days after appointment, publish notice of appointment once a week for 2 weeks, telling creditors to present claims within 6 months; prepare a verified inventory within 3 months after appointment (filed with the court in supervised estates); pay claims and expenses; distribute and close the estate. Re-verified 2026-10-27. Source: D.C. Code §§ 20-704, 20-711
Simplified probate	Small estate administration ($80,000 or less): after the petition, the court appoints a personal representative, may order immediate payment of funeral expenses, and directs one published notice; claims and objections are due within 30 days after publication. Larger estates go through standard (usually unsupervised) administration. Re-verified 2026-10-27. Source: D.C. Code §§ 20-351, 20-353
Small estate affidavit	D.C. does not use a simple out-of-court affidavit. Instead, an estate of $80,000 or less may be handled as a small estate in the Probate Division: a person eligible to be personal representative files a verified petition listing the decedent's property, known creditors and claims, and any pending lawsuits. The limit was raised from $40,000 to $80,000 by D.C. Law 25-302 (2025); check which limit applies to the date of death. These sections do not say whether a small estate may include real estate. Re-verified 2026-10-27. Source: D.C. Code §§ 20-351, 20-352
Deadline for creditor claims	Claims are barred unless presented to the personal representative or filed with the Register of Wills within 6 months after the first publication of notice of the personal representative's appointment. In a small estate, claims are due within 30 days after the single publication. Liens and some insured claims are treated differently. Re-verified 2026-10-27. Source: D.C. Code §§ 20-903, 20-704, 20-353
Who can be executor	Priority: the personal representative named in the will, then the surviving spouse or domestic partner (and, with no will, children), residuary legatees, children, grandchildren, parents, siblings, next of kin, other relatives, the largest creditor, then any other person. A person under 18, a person with certain unpardoned felony convictions, or a non-citizen who is not a lawful permanent resident cannot serve. A non-resident of D.C. may serve only after filing an irrevocable power of attorney naming the Register of Wills to receive notices and legal papers. Bond (with court-approved surety) is required unless the will excuses it or interested persons waive it in writing; a person with an interest or claim over $1,000 may demand bond. Re-verified 2026-10-27. Source: D.C. Code §§ 20-303, 20-502
Finding probate court records	Wills and estates are handled by the Probate Division of the Superior Court of the District of Columbia. Re-verified 2026-10-27. Source: D.C. Code 20-101(b)

Financial power of attorney	D.C. has an optional statutory power of attorney form. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction) and is not valid unless acknowledged before a notary or other authorized officer. It is durable unless it expressly says otherwise. Re-verified 2026-10-27. Source: D.C. Code §§ 21-2601.04, 21-2601.05, 21-2603.01
Health care directive	Durable power of attorney for health care: a competent adult signs and dates a written document naming an agent, with language that it survives (or takes effect on) incapacity, before two adult witnesses. Witnesses cannot be the principal's health care provider or the provider's employee, and at least one must be unrelated to the principal and not an heir or beneficiary. Living will (declaration under the Natural Death Act): any person 18 or older signs a written, dated declaration before two adult witnesses who are not relatives, heirs, financially responsible for the person's care, or the attending physician or facility staff; a model form is in the statute. These sections do not require notarization. The health care power of attorney form is in § 21-2207. Re-verified 2026-10-27. Source: D.C. Code §§ 21-2205, 7-622
Official power of attorney forms	D.C. has an optional "District of Columbia Statutory Power of Attorney Form" for finances (D.C. Code 21-2603.01). A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction) and is invalid unless acknowledged before a notary public or other official authorized to take acknowledgments (21-2601.05). For health care, a durable power of attorney for health care must clearly authorize the agent to make health-care decisions and be signed and dated by the principal and two adult witnesses who affirm the principal was of sound mind and free from duress; the principal's health-care provider and the provider's employees cannot witness, and at least one witness must be unrelated to the principal and not entitled to any part of the estate (21-2205). D.C. Code 21-2207 contains the related form. Execution: https://code.dccouncil.gov/us/dc/council/code/sections/21-2601.05 ; health care: https://code.dccouncil.gov/us/dc/council/code/sections/21-2205 Re-verified 2026-10-27. Source: D.C. Code 21-2601.05, 21-2603.01, 21-2205

Living will / advance directive	D.C. calls a living will a "declaration" under its Natural Death Act. Anyone 18 or older may sign one directing that life-sustaining procedures be withheld or withdrawn if they are in a terminal condition. It must be in writing, signed by the person (or by another in their presence at their express direction), dated, and signed in front of two witnesses who are at least 18. A witness cannot be the person who signed for the declarant, a relative by blood, marriage or domestic partnership, an heir or will beneficiary, someone directly financially responsible for the person's medical care, or the attending physician or an employee of the physician or health facility. The declarant must let the attending physician know the declaration exists. A model form is in the statute; notarization is not required. Re-verified 2026-10-27. Source: D.C. Code § 7-622
Medical power of attorney	D.C. uses a "durable power of attorney for health care." A competent adult signs and dates a written document naming an agent, with language that it survives (or takes effect on) incapacity, before two adult witnesses. Witnesses cannot be the principal's health care provider or the provider's employee, and at least one must be unrelated to the principal and not an heir or will beneficiary. A statutory form is provided. Notarization is not required. Re-verified 2026-10-27. Source: D.C. Code §§ 21-2205, 21-2207
Revocable living trust	D.C. has adopted the Uniform Trust Code. For trusts created by instruments signed on or after March 10, 2004, a trust is revocable unless its terms expressly say it is irrevocable, and the settlor may revoke or amend it. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left in the decedent's name may require probate or a small estate proceeding. Re-verified and corrected 2026-10-27. Source: D.C. Code §§ 19-1301.01, 19-1306.02
Ways to avoid probate	Non-probate options in D.C. include: transfer on death deeds for real estate, recorded with the Recorder of Deeds before death (D.C. Code §§ 19-604.08, 19-604.09); multiple-party and payable-on-death accounts, which belong to the surviving party or beneficiary (D.C. Code § 19-602.12); transfer-on-death registration of securities (D.C. Code § 19-603.01 and following); a single beneficiary designated on a D.C. vehicle title through the DMV; property in a funded revocable trust (D.C. Code § 19-1306.02); and small estate administration for estates of $80,000 or less (D.C. Code § 20-351). Re-verified 2026-10-27. Source: D.C. Code §§ 19-602.12, 19-603.01, 19-604.09, 19-1306.02, 20-351; DC DMV, Designating a Beneficiary

Executor's duties	Within 20 days after appointment, the personal representative publishes notice of the appointment once a week for two successive weeks, stating whether administration is supervised or unsupervised and telling creditors to present claims (generally within six months). Within three months after appointment, the representative prepares a verified inventory listing each item of property with its date-of-death fair market value and any encumbrance (filed with the court in supervised estates). A supervised representative files verified accounts with the court, and approval of the final account closes the estate. An unsupervised estate is closed by filing a Certificate of Completion; otherwise the appointment ends automatically three years after appointment unless extended. Section 20-704 is currently subject to temporary amendments that expire March 27, 2027. Re-verified 2026-10-27. Source: D.C. Code §§ 20-704, 20-711, 20-721, 20-1301
Letters testamentary	Letters are issued by the Probate Division of the D.C. Superior Court (Office of the Register of Wills). A petition for probate and appointment of a personal representative is filed with the will. As a condition of appointment, the personal representative files a statement accepting the duties of the office, any required bond, and a written consent to personal jurisdiction in D.C.; a non-resident must also file an irrevocable power of attorney naming the Register of Wills to receive legal papers. Bond is required unless the will excuses it or interested persons waive it in writing. The court then issues letters testamentary (with a will) or letters of administration (without one). Re-verified 2026-10-27. Source: D.C. Code §§ 20-303, 20-501, 20-502
Affidavit / determination of heirship	No statute. D.C. has no statutory affidavit of heirship for real estate. Heirs are determined in a Probate Division proceeding (standard administration or, for estates of $80,000 or less, small estate administration), unless the property passes by a transfer on death deed, survivorship, or a trust. Re-verified 2026-10-27. Source: D.C. Code §§ 20-351, 20-303
Transferring a car after death	Through the D.C. Department of Motor Vehicles. A surviving joint owner applies for a new title with the existing title and an authenticated death certificate (exempt from excise tax when the survivor becomes sole owner). A beneficiary named on the title brings the death certificate, their ID and the title fee; no probate or letters are needed. Otherwise, the applicant needs an assignment of title signed by the personal representative, an authenticated copy of letters testamentary or administration (while probate is open) or an authenticated small estate order listing the vehicle (or, for a vehicle held in trust, the signed trust agreement), a DMV title application, and the original death certificate. Source: DC DMV, Vehicle Acquired through Death of Owner; Designating a Beneficiary

District of Columbia Wills, Probate and Estate Law

Quick answers for District of Columbia

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If there is no will

Probate

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Power of attorney and health care directives

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Official District of Columbia forms

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