A Will, in Washington, DC and throughout the country, is the legal device that allows a person to determine how their property, both real estate and other property, will pass to other persons or entities upon the death of the person making the Will.  It also allows a person to determine how the care of their children will be determined after the maker of the Will’s death.

In Washington, DC, to be valid, a Will must be in writing and witnessed by at least two witnesses.  Generally, a direction in a Will that property should pass to a person (i.e., a “devise,” “legacy,” or “gift”) cannot be carried out if the person to whom the property passes is one of the two witnesses to the Will.  There are some narrow exceptions to this rule.

A codicil is an amendment to a Will.  It allows the maker of the Will (the “testator”) to add a provision to a Will when circumstances change after the original Will is executed.  It also allows the testator to change a certain provision of the original Will, but not the entire Will, after the execution of the original Will.

A person who has possession or custody of a Will in Washington, DC after the death of the testator may open and read the document in the presence of close relatives of the deceased person and others.  The person in the possession or custody of the Will has a legal duty to deliver the Will, after reading it, to the Register of Wills or the Probate Court in the Superior Court of the District of Columbia.  Under the laws of the District of Columbia, a person who has possession or custody of a Will and who does not deliver the Will to the Register of Wills or the Probate Court within 90 days after learning of the death of the testator may be subject to a fine of up to $500.  There is a provision in the statutes of Washington, DC that says that a person who hides, destroys, or mutilates a Will for a fraudulent purpose can be imprisoned for those actions.

Wills in Washington, DC can specify that property should pass to children by operation of the Will.  The property may pass to a guardian who is court-appointed for a child.  If there is no guardian, the Will may direct the personal representative for the estate to distribute the property to a custodian for the child.  Children who are born out of wedlock may take devises under a Will, if parenthood has been established, the same as children who are born to married parents.

Important matters to consider in drafting a Will in Washington, DC include deciding whether to waive the requirement that the personal representative must post a bond to accept the duties of personal representative.  Posting a bond can be an extra level of expense and difficulty when a Will is taken through the probate process in Washington, DC.  The testator may also want to consider whether to waive the probate requirement that the personal representative must conduct periodic accountings of the assets, income and expenses of the estate while a Will is being probated.  In addition, the testator does not have to select a resident of Washington, DC as the personal representative of the estate.  A non-resident simply designates the Register of Wills in Washington, DC as the office that receives legal notices during the probate proceedings.