Washington DC Estate Planning FAQs

These are the questions our attorneys hear most often from District residents, answered under current District law.

Do I Still Need a Will If I Have a Trust?

Yes. A trust only controls assets you actually transferred into it, and almost everyone leaves something out. A pour-over will catches those items and directs them into the trust. More importantly, a will is the only document that can nominate a guardian for minor children. A trust and a will work together rather than as alternatives.

What Happens if I Die Without a Will in the District?

The intestacy statute decides. Under D.C. Code § 19-302, a surviving spouse or registered domestic partner receives two-thirds of the balance of the estate when all of your surviving descendants are also theirs and they have no other children. The share drops to one-half when either of you has children from another relationship, and rises to three-fourths where no descendants survive but a parent does. Unmarried partners and stepchildren receive nothing.

Does the District Have its Own Estate Tax?

Yes, and it applies well below the federal threshold. The Office of Tax and Revenue set the exclusion at $4,988,400 for decedents dying in 2026. The District exclusion is not portable between spouses, so a married couple loses the first spouse’s exclusion without planning. Returns are due within ten months of the date of death. Details appear on our page covering District and federal estate taxes.

Does My Will Need To Be Notarized?

No. D.C. Code § 18-103 requires only that the will be in writing, signed by you or by someone at your direction in your presence, and attested by at least two credible witnesses. Notarization is not a validity requirement. Choose witnesses who inherit nothing, since a gift to an attesting witness is void as to that witness.

Can I sign a Will Electronically in the District?

Yes. The Uniform Electronic Wills Amendment Act of 2022 recognizes wills executed electronically, with witnesses appearing in electronic presence, as valid for all purposes. Handwritten wills signed without witnesses remain invalid here, with a narrow exception for oral wills made during military or naval service.

How Long Does Probate Take, and Can We Avoid It?

Full administration commonly runs a year or more. Smaller estates move faster: under D.C. Code § 20-351, property valued at $80,000 or less may be administered as a small estate, a threshold raised from $40,000 in 2025. Trusts, joint ownership, beneficiary designations, and transfer on death deeds all keep assets out of the process entirely, as covered under avoiding probate.

Who Makes Medical Decisions For Me If I Have No Directive?

The District decides for you. D.C. Code § 21-2210 sets a priority order for substituted consent, starting with a court-appointed guardian and moving through spouse or domestic partner, adult children, parents, and siblings. Decisions must follow your known wishes or, absent those, your best interests. A long-term unmarried partner ranks below relatives, which is why healthcare directives matter.

What is a Transfer on Death Deed?

It is a recorded deed that passes District real property at your death without probate. Under D.C. Code § 19-604.09, the deed must state that the transfer occurs at your death and must be recorded with the Recorder of Deeds before you die. It creates no interest in the beneficiary during your lifetime, and the beneficiary must survive you and takes the property subject to existing liens.

Is My Will From Another State or Country Valid Here?

Often yes, but validity is not the same as workability. A will executed elsewhere may still be admitted, yet it may name fiduciaries who cannot easily serve, use terminology the District does not recognize, or ignore the local estate tax entirely. Foreign wills raise harder questions, including forced heirship rules abroad and property that will require ancillary proceedings. International estate planning addresses how documents in two jurisdictions should interact.

How Often Should I Revisit My Plan?

Every three to five years as a baseline, and immediately after marriage, divorce, a birth, a death, a move to or from the District, a significant change in assets, or a change in citizenship or residency. Beneficiary designations deserve the same review, since they override your will. More triggers are listed under updating your estate plan.

A Washington DC estate planning attorney can answer questions specific to your circumstances. Contact our office to schedule a consultation.

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