District of Columbia Surviving Spouse Rights

This guide covers that choice: when the will bars the statutory share, how a renunciation is made, how much the legal share comes to, and what changes it. The homestead, family and exempt property allowances sit on top and have their own guides, linked below.

What a D.C. Surviving Spouse Is Entitled To

Here is the short version. A D.C. surviving spouse or domestic partner has four protections:

1. The legal share, taken by renouncing the will, or automatically when the will leaves the survivor nothing (§ 19-113).
2. The homestead allowance, $30,000 under D.C. Code § 19-101.02.
3. The family allowance, a reasonable sum for support during administration under § 19-101.04, which the personal representative may pay as a lump sum of up to $30,000 under § 19-101.05(a).
4. Exempt property, up to $20,000 in household furniture, cars, appliances and personal effects under § 19-101.03.

The old common-law estates of dower and curtesy no longer exist. D.C. Code § 19-102 states it in one sentence: "The estates of dower and curtesy are abolished."

D.C. Law 25-302 set the three allowance figures, effective March 21, 2025. They apply to estates of decedents who died on or after March 21, 2025, a date-of-death rule added to D.C. Law 25-302 by D.C. Law 26-164, a temporary act effective until March 27, 2027. For an earlier death the figures were lower. The homestead and family allowance guide and the exempt property guide carry the details and the older figures.

Domestic Partners Hold the Same Rights

Every rule on this page applies to a surviving domestic partner exactly as it applies to a surviving spouse. D.C. Law 16-79, effective April 4, 2006, added domestic partners to §§ 19-112, 19-113 and 19-114 and to each of the allowance sections. The probate sections tie the term to a partnership registered or recognized under D.C. Code § 32-701(3). A partner who shared a home with the decedent but never registered does not meet that definition. D.C. intestate succession explains who counts as a partner and how registration works.

How a Will Gift Bars the Statutory Share

The starting rule sits in D.C. Code § 19-112. Unless the will says otherwise, a gift of real estate or personal property to the surviving spouse or domestic partner "bars his or her share in the decedent's estate."

So a will that leaves the spouse anything at all puts the spouse to a choice:

• Keep the will gifts. Do nothing, and the gifts stand.
• Renounce them. File a written renunciation on time and take the legal share in their place.

The spouse cannot take both. Section 19-113(a) words the renunciation as giving up "all claim to any devise or bequest made to me by the last will" and electing to take the "legal share" in its place.

When no renunciation is needed

Two situations skip the paperwork. Under § 19-113(d), if the will makes no gift to the spouse or partner, or a gift it attempts passes nothing, the survivor is entitled to the legal share "without filing a written renunciation." A will that simply leaves everything to the children, with no mention of the spouse, falls here.

How a Renunciation Is Made

The renunciation is a written filing in the Probate Division of the Superior Court, which § 19-113(a) calls the Probate Court. The statute prints the wording. It opens:

"I, A B, surviving spouse or surviving domestic partner of late of , deceased, renounce and quit all claim to any devise or bequest made to me by the last will of my spouse or domestic partner exhibited and proved according to law"

It then closes with the survivor's election to take the legal share of the real and personal estate in place of those gifts. The full wording appears in § 19-113(a) itself.

We could not confirm a Probate Division form number or filing fee for this paper. The court's website, www.dccourts.gov, refuses automated requests, so this guide publishes neither. The Probate Division or the Register of Wills can say which form it accepts.

The 6-month deadline and its extensions

Here is how the timing works. Section 19-113 sets the clock and three ways it can move:

The clock starts at admission of the will, not at the date of death, so the date of the order admitting the will is the one the period counts from. An extension petition has to be filed before the period ends.

How Much the Legal Share Is

Section 19-113(e) defines the legal share as the share the spouse or partner "would have taken if the deceased spouse or deceased domestic partner had died intestate, not to exceed one-half of the net estate bequeathed and devised by the will."

That makes two numbers to compare. The first is the intestate share under D.C. Code § 19-302. The second is the one-half cap.

Let's break it down. Every fraction in § 19-302 is one-half or larger, so the cap is the number that controls in all five situations. Read together, the two sections generally point a renouncing spouse or partner to one-half of the net estate the will disposes of, whatever the family looks like.

A worked example. A D.C. resident dies with a will that leaves a $600,000 net probate estate. The will gives the spouse $50,000 and the rest to the couple's two children. The intestate share would be two-thirds, or $400,000, but the cap holds it to one-half, or $300,000. On those figures, a timely renunciation would generally produce $300,000 in place of the $50,000 gift.

What the share does not reach

D.C. measures the legal share against the estate passing under the will. It does not use the augmented-estate model that Maryland and the Uniform Probate Code use. A joint account with survivorship rights, a payable-on-death account, a life insurance policy with a named beneficiary, a recorded transfer-on-death deed and trust property all pass outside the will, so the cap in § 19-113(e) does not count them. A spouse who is named on those assets keeps them either way.

If the Spouse Keeps the Will Gifts

A spouse or partner who does not renounce is not left with only the gifts. Under D.C. Code § 19-114, the survivor keeps "the benefit of all provisions in his favor in the will" and also shares, under §§ 19-301 and 19-302, in any part of the estate the will fails to dispose of. A will with no residuary clause, or one whose residuary beneficiary died first, can leave property in that gap.

The allowances do not depend on the choice. Section 19-101.02 says the homestead allowance "is in addition to any share passing to the surviving spouse" by the will. Section 19-101.03(e) says the same of exempt property, and § 19-101.04(b) says the family allowance "is not chargeable against any benefit or share passing" to the spouse, partner or children.

Prenuptial and Postnuptial Agreements

Under § 19-113(f), a valid antenuptial or postnuptial agreement between the spouses or domestic partners "determines the rights of the surviving spouse or the surviving domestic partner" in the estate and its administration. A valid agreement that waives the legal share generally controls over § 19-113. The same subsection lets the survivor accept any gift the will still makes.

Whether a given agreement is valid turns on how it was made, what each side disclosed and the general law of contracts. A lawyer licensed in D.C. can review the agreement against the facts.

Where the Allowances Rank Against Creditors

The spousal allowances come ahead of most debts. If the estate cannot pay every claim, D.C. Code § 20-906(a) pays in this order:

1. Court costs, publication costs and bond premiums
2. Funeral expenses, up to $5,000
3. Fiduciary and attorney's fees, up to $1,000
4. The homestead allowance and the family allowance
5. Exempt property
6. Medical and hospital expenses of the last illness
7. Rent arrears for which an attachment could be levied
8. Judgments and decrees of D.C. courts
9. All other just claims

Section 19-113(e) measures the legal share against the net estate, a term the section uses without defining. Debts, expenses and the allowances can reduce the estate the cap is measured against, and the personal representative's inventory and account show those figures.

The Spouse as Personal Representative

The surviving spouse or partner also ranks high to serve as personal representative. Under D.C. Code § 20-303(a)(1), a personal representative named in a will admitted to probate comes first, and the surviving spouse or domestic partner of a testate decedent comes next, ahead of residuary legatees and children. For an estate with no will, the spouse, partner or children share that second class. The D.C. executor duties guide covers what the job involves.

Renouncing the Will Versus Contesting It

These are two separate remedies. A renunciation accepts that the will is valid and asks for the legal share in place of its gifts. A will contest claims the will itself is invalid, for reasons such as lack of capacity or undue influence. If a contest succeeds, the will drops out and the estate passes as if there were no will, or under an earlier will. Challenging the will itself runs on a different deadline and procedure, and each one has its own clock.

What the Renunciation Question Turns On

These are the facts the renunciation question usually depends on. They describe the information involved, not a recommendation for any particular estate.

1. The will and the order admitting it. The admission date starts the 6-month clock.
2. What passes outside the will. Survivorship accounts, beneficiary designations, transfer-on-death deeds and trust property do not count toward the legal share.
3. The two values side by side. The will gifts on one side, one-half of the net estate the will disposes of on the other. A large gift of a specific asset can be worth more than half of a small net estate.
4. The allowances. The homestead allowance, the family allowance and exempt property do not depend on the renunciation.
5. Any marital agreement. A prenuptial or postnuptial agreement may decide the question before the statute does.
6. The deadline. A written renunciation, or a petition for an extension, has to reach the Probate Division before the 6 months end.

Whether renouncing makes sense in a given estate is a question for a licensed District of Columbia attorney.

Frequently Asked Questions

Can a spouse be disinherited in the District of Columbia?

Not fully. If the will leaves the spouse or domestic partner nothing, D.C. Code § 19-113(d) gives the survivor the legal share without filing anything. If the will leaves a small gift, the survivor can file a written renunciation within 6 months after the will is admitted to probate and take the legal share instead, under § 19-113(a). A valid prenuptial or postnuptial agreement can change this under § 19-113(f).

How much is the elective share in D.C.?

The legal share is what the spouse or partner would inherit if there were no will, capped at one-half of the net estate the will disposes of, under D.C. Code § 19-113(e). Every intestate fraction in § 19-302 is one-half or more, so in each family situation the cap is the figure that controls.

How long does a D.C. spouse have to renounce the will?

Six months after the will is admitted to probate, under D.C. Code § 19-113(a). If a suit to construe the will is filed during those 6 months, the period runs from the final decision in that suit. The Probate Court can extend the time before it runs out, in periods of up to 6 months each, on a petition showing reasonable cause, under § 19-113(c).

Do domestic partners have the same rights as spouses in D.C.?

Yes. D.C. Law 16-79 (2006) wrote surviving domestic partners into §§ 19-112, 19-113 and 19-114 and into the homestead, exempt property and family allowances, so a registered domestic partner holds the same renunciation right and the same allowances as a spouse.

Does the D.C. elective share reach joint accounts or life insurance?

No. D.C. does not use an augmented estate. Section 19-113(e) caps the legal share at one-half of the net estate bequeathed and devised by the will, so property that passes outside the will, such as a survivorship account or a policy with a named beneficiary, sits outside the calculation.

What happens if the spouse does nothing?

The spouse or partner keeps every gift the will makes and also shares, under §§ 19-301 and 19-302, in any property the will fails to dispose of, under D.C. Code § 19-114. The right to take the legal share in place of the will gifts is lost once the 6-month period ends without a renunciation or an extension.

When to Get Help

A lawyer licensed in the District can help when:

• the will gift is hard to value against one-half of the net estate
• a suit to construe the will is pending, which moves the deadline
• a prenuptial or postnuptial agreement exists and its validity is in doubt
• a domestic partnership's registration or recognition is unclear
• the spouse cannot act alone and a guardian or fiduciary has to renounce

This is general information about District of Columbia estates, not advice for your situation. For your own situation, consult a licensed District of Columbia attorney. The Probate Division can confirm filing procedure.

Related Guides

• The homestead and family allowance in D.C.
• D.C. exempt property
• D.C. intestate succession
• D.C. will contests
• D.C. executor duties
• The D.C. probate process

Sources:

• Title: D.C. Code § 19-112, Devise or bequest to a spouse or domestic partner. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/19-112
• Title: D.C. Code § 19-113, Renunciation of devises and bequests; election; time limitations; renunciation or election by guardian or fiduciary; maximum rights; effect of no devise or bequest or if nothing passes under either; antenuptial or postnuptial agreements. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/19-113
• Title: D.C. Code § 19-114, Right of surviving spouse or surviving domestic partner if there is no renunciation. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/19-114
• Title: D.C. Code § 19-302, Share of spouse or domestic partner. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/19-302
• Title: D.C. Code § 19-102, Dower and curtesy abolished. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/19-102
• Title: D.C. Code § 19-101.02, Homestead allowance. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/19-101.02
• Title: D.C. Code § 19-101.03, Exempt property. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/19-101.03
• Title: D.C. Code § 19-101.04, Family allowance. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/19-101.04
• Title: D.C. Code § 19-101.05, Source, determination, and documentation; equitable apportionment when minor children are not in custody of the surviving spouse or surviving domestic partner. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/19-101.05
• Title: D.C. Code § 20-906, Order of payment. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/20-906
• Title: D.C. Code § 20-303, Order of priority for appointment of personal representative; persons excluded. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/20-303
• Title: D.C. Code § 32-701, Definitions. Publisher: Council of the District of Columbia, D.C. Code. Publication Date: Not listed. URL: https://code.dccouncil.gov/us/dc/council/code/sections/32-701
• Title: D.C. Law 26-164, Strengthening Probate Administration Temporary Amendment Act of 2026. Publisher: Council of the District of Columbia. Publication Date: August 14, 2026 (effective date). URL: https://code.dccouncil.gov/us/dc/council/laws/26-164

It is not legal advice.