Affidavit of Heirship in District of Columbia
Whether District of Columbia lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: No statute. D.C. has no statutory affidavit of heirship for real estate. Heirs are determined in a Probate Division proceeding (standard administration or, for estates of $80,000 or less, small estate administration), unless the property passes by a transfer on death deed, survivorship… D.C. Code §§ 20-351, 20-303
| Affidavit / determination of heirship | No statute. D.C. has no statutory affidavit of heirship for real estate. Heirs are determined in a Probate Division proceeding (standard administration or, for estates of $80,000 or less, small estate administration), unless the property passes by a transfer on death deed, survivorship, or a trust. Re-verified 2026-10-27. Source: D.C. Code §§ 20-351, 20-303 |
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| Who inherits without a will | Surviving spouse or domestic partner: the entire estate if no descendant or parent survives; three-fourths if a parent but no descendant survives; two-thirds if all of the decedent's descendants are also the spouse's and the spouse has no other descendants; one-half if the spouse has descendants who are not the decedent's, or if the decedent has descendants who are not the spouse's. The rest passes to descendants, and if none, to parents, then siblings and their descendants, and then more distant relatives. The order for relatives other than the spouse is set in § 19-301 and the sections that follow it. Re-verified 2026-10-27. Source: D.C. Code §§ 19-302, 19-301 |
More District of Columbia estate law
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- Who Inherits If You Die Without a Will in District of Columbia
- How to Make a Valid Will in District of Columbia
- How Probate Works in District of Columbia
- Living Wills and Advance Directives in District of Columbia
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- Executor Duties in District of Columbia
- Letters Testamentary in District of Columbia
- How to Avoid Probate in District of Columbia
- Transferring a Car After Someone Dies in District of Columbia
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FAQ
Does District of Columbia have an affidavit of heirship?
No statute. D.C. has no statutory affidavit of heirship for real estate. Heirs are determined in a Probate Division proceeding (standard administration or, for estates of $80,000 or less, small estate administration), unless the property passes by a transfer on death deed, survivorship, or a trust.
Who inherits if someone dies without a will in District of Columbia?
Surviving spouse or domestic partner: the entire estate if no descendant or parent survives; three-fourths if a parent but no descendant survives; two-thirds if all of the decedent's descendants are also the spouse's and the spouse has no other descendants; one-half if the spouse has descendants who are not the decedent's, or if the decedent has descendants who are not the spouse's. The rest passes to descendants, and if none, to parents, then siblings and their descendants, and then more distant relatives.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.