Skip to content
Oakclause

Intestate Succession Laws in the District of Columbia

In the District of Columbia, a surviving spouse or domestic partner inherits two-thirds of the estate when all of the deceased's children are also the spouse's children, and three-fourths when there are no children but a parent survives. The District is not a community property jurisdiction.

Last checked . General information, not legal advice.

District of Columbia at a glance

Spouse share with shared children
2/3 of the estate
1/2 if the spouse or the deceased has children from another relationship. The same shares apply to a surviving domestic partner.
Spouse takes all with shared children
No
Spouse share with parents, no descendants
3/4 of the estate
The spouse takes the entire estate if no child or parent survives.
Community property state
No

Sources

Last checked

The rules in the District of Columbia

How much does a surviving spouse inherit in the District of Columbia when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in the District of Columbia: 2/3 of the estate. 1/2 if the spouse or the deceased has children from another relationship. The same shares apply to a surviving domestic partner.

Does a surviving spouse in the District of Columbia inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in the District of Columbia: no.

How much does a surviving spouse inherit in the District of Columbia when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in the District of Columbia: 3/4 of the estate. The spouse takes the entire estate if no child or parent survives.

Is District of Columbia a community property state?

No. Community property state in the District of Columbia: no.

Where do the the District of Columbia intestate succession laws come from?

The rules above come from D.C. Code 19-302. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.