Washington DC Estate Planning: Free Wills, Trusts & Calculators

Like all U.S. jurisdictions, the District of Columbia recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2 adult witnesses. One notable limitation: District of Columbia doesn't recognize self-proving wills. Your witnesses may need to appear in court after your death to confirm they watched you sign, so keep their contact information on file.

The District adopted the Uniform Power of Attorney Act in 2023, modernizing its rules around financial powers of attorney. Documents created before 2023 may not reflect the current law's protections.

If you die without a will in District of Columbia, your heirs must survive you by at least 120 hours to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident. The amount a surviving spouse inherits without a will depends on whether your parents are still alive. If they are, your spouse may have to share the estate with them—a result that surprises many people and underscores why having a will matters.

Smaller estates under $80,000 can use a simplified transfer process that avoids full probate proceedings.

District of Columbia imposes its own estate tax on estates exceeding $4,988,400, with a top rate of 16%. This is separate from the federal estate tax and applies at a much lower threshold—the federal exemption is $15,000,000. Families with estates near this threshold often use trusts and lifetime gifting to reduce exposure.

District of Columbia allows transfer-on-death deeds for real estate, enabling property to pass directly to named beneficiaries without probate. This is a significant probate avoidance tool that doesn't require creating a trust. Transferring property into a revocable trust does not trigger a property tax reassessment in District of Columbia, so property taxes remain at their current level. District of Columbia fully enforces no-contest clauses in trusts and wills. A beneficiary who unsuccessfully challenges the document can lose their entire inheritance, which strongly discourages frivolous disputes.

District of Columbia provides a statutory homestead exemption protecting up to $30,000 in home equity from creditors. While not as strong as the constitutional protections in states like Texas or Florida, this still provides meaningful protection for the family home. Executors must publish a notice to creditors, who then have 6 months to file claims against the estate. Known creditors must also receive direct written notice.

District of Columbia does not automatically revoke an ex-spouse as beneficiary upon divorce. Without updating beneficiary designations after a divorce, an ex-spouse may still inherit life insurance proceeds and retirement accounts—regardless of what a will says.