Is An Online Will Legally Valid in Washington, D.C.?

Yes, Washington, D.C. law recognizes wills made online. The catch is that clicking "done" isn't the finish line. Here's what is.

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What Makes an Online Will Legally Valid in D.C.?

D.C. is one of the more forward-leaning jurisdictions here: since the Uniform Electronic Wills Amendment Act of 2022, it recognizes electronic wills, meaning a will can be signed and witnessed entirely online. A traditional printed will is valid too, as long as it's signed by the person stating their wishes (the testator) and signed by two witnesses. Notarization is not required unless you want to make the will self-proving.

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D.C. does recognize holographic, or handwritten, wills, but with an important catch: unlike states that waive witnesses for a handwritten will, D.C. still expects the standard two-witness execution requirements to be met for it to be reliably enforced.

What You Need to Know about Online Wills in D.C.

D.C. Property Laws

Estate laws can be quite complex and some vary significantly by state. It's important to ensure your online will is structured appropriately to avoid a long, complex legal process.

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D.C. is a common law jurisdiction, not a community property one. This means ownership of an asset generally follows whose name is on the title, deed, or account. D.C. is also one of the few places that gives registered domestic partners the same inheritance rights as married spouses.

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D.C. Probate

All wills go through probate in D.C. unless the estate is valued at $80,000 or less, in which case you may qualify for a small estate proceeding. Otherwise, a trust is needed to avoid probate. D.C. also has its own estate tax on estates over roughly $4.7 million, separate from the federal estate tax.

Avoiding Probate in D.C.

• Put your assets in a revocable living trust. A living trust lets you have full control over your estate as the trustee. You name a successor trustee who will manage distributing your assets after your death.

• Name beneficiary designations on financial and retirement accounts. A payable-on-death (POD) designation will specify who receives payment at the time of your death. A transfer-on-death (TOD) designation names a new owner for those accounts.

• Establish joint ownership with right of survivorship, or hold real estate as tenants by the entirety with a spouse, so it passes automatically.

Want to learn more about trusts in D.C.? Check out this article.