Who Inherits If You Die Without a Will in District of Columbia
District of Columbia's intestacy rules: who inherits when there is no will, the surviving spouse's share, and how small estates are handled.
Short answer: Surviving spouse or domestic partner: the entire estate if no descendant or parent survives; three-fourths if a parent but no descendant survives; D.C. Code §§ 19-302, 19-301
| 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 |
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| Surviving spouse's share | A surviving spouse or domestic partner who is left something in the will may instead take the share they would receive if there were no will, but not more than one-half of the net estate, by filing a written renunciation in the Probate Court within 6 months after the will is admitted to probate (the court may extend this for reasonable cause). If the will leaves the spouse nothing, no renunciation is needed and the spouse takes the legal share. Re-verified 2026-10-27. Source: D.C. Code § 19-113 |
| Small estate affidavit | D.C. does not use a simple out-of-court affidavit. Instead, an estate of $80,000 or less may be handled as a small estate in the Probate Division: a person eligible to be personal representative files a verified petition listing the decedent's property, known creditors and claims, and any pending lawsuits. The limit was raised from $40,000 to $80,000 by D.C. Law 25-302 (2025); check which limit applies to the date of death. These sections do not say whether a small estate may include real estate. Re-verified 2026-10-27. Source: D.C. Code §§ 20-351, 20-352 |
More District of Columbia estate law
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- Small Estate Affidavit in District of Columbia
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- Quitclaim Deeds and Transferring Property 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
- Revocable Living Trusts in District of Columbia
- Executor Duties in District of Columbia
- Letters Testamentary in District of Columbia
- Affidavit of Heirship in District of Columbia
- How to Avoid Probate in District of Columbia
- Transferring a Car After Someone Dies in District of Columbia
- All District of Columbia wills, probate and estate rules
FAQ
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.
What is a surviving spouse entitled to in District of Columbia?
A surviving spouse or domestic partner who is left something in the will may instead take the share they would receive if there were no will, but not more than one-half of the net estate, by filing a written renunciation in the Probate Court within 6 months after the will is admitted to probate (the court may extend this for reasonable cause). If the will leaves the spouse nothing, no renunciation is needed and the spouse takes the legal share.
What is the small estate limit in District of Columbia?
D.C. does not use a simple out-of-court affidavit. Instead, an estate of $80,000 or less may be handled as a small estate in the Probate Division: a person eligible to be personal representative files a verified petition listing the decedent's property, known creditors and claims, and any pending lawsuits.
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.