Spousal Elective Share Law in the District of Columbia
In the District of Columbia, a surviving spouse or domestic partner can renounce the will and take the intestate share, capped at one-half of the net estate, by filing within 6 months after the will is admitted to probate.
Last checked . General information, not legal advice.
District of Columbia at a glance
- Elective share
- Intestate share, capped at 1/2 of the net estate
- Also available to surviving domestic partners. A valid prenuptial or postnuptial agreement controls.
- Deadline to elect
- 6 months after the will is admitted to probate
- Extendable by the Probate Court in periods of up to 6 months; a suit to construe the will restarts the period.
- Community property state
- No
- Not on the IRS list of community property states.
The rules in the District of Columbia
How much can a surviving spouse claim in the District of Columbia if left out of the will?
Elective share in the District of Columbia: Intestate share, capped at 1/2 of the net estate. Also available to surviving domestic partners. A valid prenuptial or postnuptial agreement controls.
What is the deadline to claim the elective share in the District of Columbia?
Deadline to elect in the District of Columbia: 6 months after the will is admitted to probate. Extendable by the Probate Court in periods of up to 6 months; a suit to construe the will restarts the period.
Is District of Columbia a community property state?
No. Community property state in the District of Columbia: no. Not on the IRS list of community property states.
Where do the the District of Columbia spousal elective share laws come from?
The rules above come from D.C. Code 19-113. Each source is linked on this page. We last checked them in October 2026.
What this means in practice
The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.
Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.
Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
More District of Columbia rules
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- Executor Compensation Laws in the District of Columbia
- Health Care Power of Attorney Requirements in the District of Columbia
- Intestate Succession Laws in the District of Columbia
- Small Estate Affidavit Limits in the District of Columbia
- Will Contest Deadline in the District of Columbia
- Tenant Abandoned Property Laws in the District of Columbia
- Adverse Possession Laws in the District of Columbia
- Security Deposit Laws in the District of Columbia
- Eviction Notice Requirements in the District of Columbia
- Will Requirements in the District of Columbia
- All District of Columbia documents and rules