Skip to main content
District of Columbia Intestate Succession
Pillar GuideDistrict of Columbia13 min read

District of Columbia Intestate Succession

District of Columbia intestate succession: a spouse or domestic partner takes all, three-fourths, two-thirds, or one-half, then children and kin.

By Settled Editorial

Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

When someone who lived in the District of Columbia dies without a valid will, D.C. Code Title 19, Chapter 3 decides who inherits. A surviving spouse or registered domestic partner takes the whole estate only when no descendant and no parent of the decedent survives. Otherwise the spouse or partner takes a fraction: three-fourths when a parent survives, two-thirds when every child is shared, and one-half in a blended family. D.C. puts no dollar amount ahead of those fractions.

This guide answers one question: who gets what. It walks through the shares in D.C. Code §§ 19-301 to 19-321 and the escheat rule in § 19-701. For how an estate without a will is opened and settled in the Probate Division of the Superior Court, read the D.C. probate process.

What Intestate Succession Covers

A person who dies without a valid will dies "intestate," and the D.C. Code names the heirs. These rules reach only probate property. A life insurance policy with a named beneficiary, a joint account with survivorship rights, a payable-on-death account, a recorded transfer-on-death deed, and trust property all pass outside the estate, whatever Chapter 3 says. To see which assets skip probate, read how to avoid probate in D.C..

Two D.C. details shape every estate:

  • Real estate follows the same shares. Under D.C. Code § 19-301, heirs take D.C. real estate as tenants in common, in the same proportions as they take the personal property.
  • Everything passes first to the personal representative. D.C. Code § 20-105 sends all of a decedent's property to the personal representative, who holds legal title to administer and distribute it. The heirs receive their shares at distribution, after debts and expenses are handled.

A valid will replaces all of these defaults. D.C. accepts no handwritten, unwitnessed will, so read about making a valid D.C. will before relying on a homemade document.

Do you need probate in District of Columbia?

Answer a few questions to see whether District of Columbia probate is required and which process applies.

Take the 2-minute assessment
On this page

Allowances Come Off the Top

Before anyone splits the estate, the family can claim a separate set of allowances. A surviving spouse or domestic partner is entitled to a $30,000 homestead allowance under D.C. Code § 19-101.02, the $20,000 exempt property allowance in household goods and vehicles under § 19-101.03, and a reasonable family allowance for support during administration under § 19-101.04. Each was set by D.C. Law 25-302, effective March 21, 2025, except the family allowance, which carries no fixed figure. The family and homestead allowance guide explains who claims each one and how.

The Surviving Spouse or Domestic Partner Share

D.C. Code § 19-302 sets the share. It applies to a surviving spouse and a surviving domestic partner alike, a rule the Council added in D.C. Law 16-79 (2006). Here is how the five situations break down. To run your own family through these rules, use the D.C. inheritance calculator.

Family situationSpouse or domestic partner takesThe rest goes to
No descendant and no parent of the decedent survivesThe entire intestate estateNo one else
No descendant survives, but a parent doesThree-fourthsThe parents equally, or the surviving parent
Every descendant of the decedent is also the spouse's, and the spouse has no other descendantTwo-thirdsThe decedent's descendants
Every descendant of the decedent is also the spouse's, but the spouse has a descendant who is not the decedent'sOne-halfThe decedent's descendants
One or more of the decedent's descendants are not the spouse'sOne-halfThe decedent's descendants

Three things stand out.

First, a surviving parent cuts the spouse's share in D.C. When the decedent leaves no children but a mother or father is alive, the spouse takes three-fourths and the parent or parents take one-fourth under § 19-308.

Second, children shared by the couple still take a share. Even in a first marriage where every child belongs to both spouses, the spouse takes two-thirds and the children split one-third. The Uniform Probate Code gives the spouse everything in that family. D.C. does not.

Third, siblings never compete with a spouse. Section 19-302(1) gives the spouse or partner the whole estate once no descendant and no parent survives, so brothers, sisters, nieces, and nephews take nothing while a spouse or partner is alive.

Each fraction is a share "of any balance of the intestate estate." No fixed dollar amount goes to the spouse before the fraction applies, so the District differs from Maryland and from the Uniform Probate Code on this point.

Who counts as a domestic partner

The probate and escheat sections tie the term to D.C. Code § 32-701(3) (see §§ 19-701(c) and 20-303(e)): a person in a committed relationship who registered under § 32-702(a), or whose relationship is recognized under § 32-702(i). Each partner must be at least 18, unmarried, and the other's sole domestic partner. Couples register with DC Health, and its fee schedule lists "Domestic partnership registration including one certificate" at $45.00. A partner who lived with the decedent but never registered does not meet that definition.

When There Is No Spouse or Partner

For the whole estate when no spouse or partner survives, or for the part left after the spouse's share, D.C. Code § 19-305 sends the property down a fixed order. Each class must be empty before the next one inherits.

  1. Children and their descendants. Children share equally under § 19-306. A grandchild whose parent died first takes that parent's share under § 19-307.
  2. Parents. With no child or descendant, the whole passes to the father and mother equally, or to the survivor (§ 19-308).
  3. Brothers and sisters and their descendants. With no descendant and no parent, siblings take equal shares, and the children or descendants of a sibling who died first stand in that sibling's place (§§ 19-309 and 19-310).
  4. Other collateral relatives. Next come aunts, uncles, cousins, and other collateral relations. Under § 19-311, "all collateral relations in equal degree share, and representation among the collaterals is not allowed."
  5. Grandparents. Under § 19-312, the grandparents, or those who survive, "share alike where there are no collaterals."

Steps 4 and 5 are the D.C. twist. The statute puts collateral relatives ahead of grandparents, so a living aunt, uncle, or cousin can inherit ahead of a living grandparent.

How Representation Works for a Deceased Heir

Representation decides what happens when an heir in the line of descendants died before the decedent. Section 19-307 gives the child of a deceased child "such share as his deceased parent would, if living, be entitled to," and says those "in equal degree claiming in the place of an ancestor take equal shares." That is per stirpes representation: each deceased child's share stays inside that child's branch.

A worked example makes it concrete. Say an unmarried decedent had two children. One is alive. The other died first and left two children of her own. The estate splits into two halves at the children's level. The living child takes one-half. The two grandchildren split their mother's half, so each receives one-fourth.

Siblings work the same way under § 19-310: a niece or nephew stands in the place of a brother or sister who died first. The chain stops at step 4. Among cousins and other collaterals, § 19-311 bars representation, so a cousin cannot claim a deceased aunt's place.

Rules That Change Who Counts as an Heir

Several short sections in Chapter 3 and nearby titles adjust the list of heirs.

  • Half-blood relatives inherit equally. D.C. Code § 19-315 states: "There is no distinction between the kindred of the whole- and the half-blood." A half-brother takes the same share as a full brother.
  • Adopted children are children. Under D.C. Code § 16-312(a), a final adoption decree makes the adoptee the adopter's child for inheritance and cuts off inheritance with the birth family, unless the birth parent is married to the adopter.
  • Children born outside marriage inherit from their mother, and from their father if parenthood has been established (§ 19-316).
  • A child born after the death inherits as if born before it. Any other heir must be alive at the death (§ 19-314).
  • Survival by 120 hours. Under D.C. Code § 19-502, a person not shown by clear and convincing evidence to have survived the decedent by 120 hours is treated as having died first. The rule does not apply if it would send the estate to the District.
  • Lifetime advancements count. Under § 19-319, a settlement or portion given to a child during life counts toward that child's share. Ordinary support, education, or gifts not meant as a portion in life are not advancements.
  • The slayer rule. Under D.C. Code § 19-320, a person convicted of the murder or manslaughter of the decedent takes nothing, and the property passes as if that person had died first.
  • An heir who dies before distribution still keeps the share. It goes to that heir's own estate (§ 19-313).

When a Will Exists, the Spouse's Choice

Intestacy also matters when there is a will. A surviving spouse or partner who dislikes what a will leaves can renounce it in writing within 6 months after the will is admitted to probate and take a "legal share" instead, which is the intestate share capped at one-half of the net estate under D.C. Code § 19-113. When the will leaves the spouse nothing, no renunciation is needed. The surviving spouse rights in D.C. guide covers the election, its deadline, and how a prenuptial agreement changes it.

What Happens If No Heir Exists

The D.C. search for heirs has an outer edge. Under D.C. Code § 19-701, when no spouse, domestic partner, or relative "within the fifth degree" survives, the estate escheats to the District of Columbia. The money goes into the Escheatment Fund, which the Department of Human Services administers for emergency assistance grants. Escheat is rare because the order above reaches cousins and grandparents first.

Who Settles an Estate Without a Will

Someone still has to collect the assets, pay valid debts, and hand out the shares. Under D.C. Code § 20-303, the court's first choice for an intestate estate is the surviving spouse, domestic partner, or children, followed by grandchildren, parents, siblings, and other relatives. The heirs can also nominate someone in writing. The D.C. executor duties guide lists what that person does, and the Probate Division filing page shows where the case is filed.

How the Pieces Fit Together

Next steps, in order:

  1. Separate probate property from assets that pass by beneficiary designation, survivorship, deed, or trust.
  2. Take the homestead, exempt property, and family allowances off the top.
  3. Apply the spouse or partner share in § 19-302: the whole, three-fourths, two-thirds, or one-half.
  4. Send the rest down the § 19-305 order: descendants, then parents, then siblings and their descendants, then collateral relatives, then grandparents.
  5. Apply representation for a deceased child or sibling, and remember half-blood relatives take a full share.
  6. Check the 120-hour survival rule, adoptions, advancements, and the slayer rule.

When to Get Help

Some D.C. intestate estates are simple to map from the statute. Others call for a lawyer licensed in the District, above all when:

  • a blended family moves the spouse or partner share between two-thirds and one-half
  • a parent survives and claims one-fourth
  • a domestic partnership's registration or recognition is in doubt
  • the estate reaches cousins, where representation is not allowed
  • an heir cannot be found, or the family tree is unclear
  • D.C. real estate passes to several heirs as tenants in common

This guide organizes the statute-backed shares and the questions to ask. A lawyer licensed in D.C. can advise on rights, disputes, and signing decisions for a specific estate.

This is general information about District of Columbia estates, not advice for your situation. Confirm anything that affects your estate with the Probate Division or a lawyer licensed in the District.

Sources:

It is not legal advice.

Information current as of October 5, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in District of Columbia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

All District of Columbia guides← Back to all articles

More District of Columbia Resources

Explore the rest of the District of Columbia probate hub.

Do I need probate?5 pages
For the executor4 pages
Money and taxes5 pages
Family and inheritance4 pages
Transfer assets5 pages
File and learn5 pages

On this page