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Washington D.C. Intestacy Laws

 

 

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These are selections from the Washington D.C. intestate succession statutes.  (Division III, Decedents' Estates and Fiduciary Relations,Title 19, Descent and Distribution)

 


Use the Intestacy Calculator™ to see how these laws divide an intestate estate


 

 

 

19-302. Share of spouse or domestic partner.
The intestate share of a decedent's surviving spouse or surviving domestic partner is:

(1) The entire intestate estate, if no descendant or parent of the decedent survives the decedent;

(2) Two-thirds of any balance of the intestate estate, if the decedent's surviving descendants are also descendants of the surviving spouse or surviving domestic partner and there is no other descendant of the surviving spouse or surviving domestic partner who survives the decedent;

(3) Three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;

 

(4) One-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse or surviving domestic partner and the surviving spouse or surviving domestic partner has one or more surviving descendants who are not descendants of the decedent; or

(5) One-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse or surviving domestic partner.
 

19-305. Distribution of surplus after payment to surviving spouse or surviving domestic partner.
The surplus, above the share of the surviving spouse or surviving domestic partner, or the whole surplus, when there is no surviving spouse or surviving domestic partner, descends and is distributed as provided by this chapter and by section 19-701.

19-306. Children to share equally.
When the intestate leaves children and no other descendants, the surplus is divided equally among them.

 

 

 

19-307. Grandchildren's share.
(a) Subject to subsection (b) of this section, and to section 19-319, when the intestate leaves a child and a child of a deceased child, the child of the deceased child takes such share as his deceased parent would, if living, be entitled to, and every other descendant in existence at the death of the intestate stands in the place of his deceased ancestor.

(b) Those in equal degree claiming in the place of an ancestor take equal shares.

 

19-308. Share of father and mother.
When the intestate leaves no child, or descendant, the whole is divided equally between the father and mother or their survivor.

19-309. Share of brother or sister or their descendants.
When the intestate leaves a brother or sister, or child or descendant of a brother or sister, and no child, descendant, or father or mother, the brother, sister, or child or descendant of a brother or sister is entitled to the whole.

19-310. Brothers and sisters to share equally.
Each brother and sister of the intestate is entitled to an equal share, and the children or descendants of a brother or sister of the intestate, stand in the place of their deceased parents respectively.

19-311. Share of collateral relations.
After children, descendants, parents, brothers, and sisters of the deceased and their descendants, all collateral relations in equal degree share, and representation among the collaterals is not allowed.

19-312. Share of grandfather and grandmother.
The grandparents, or such of them as survive, share alike where there are no collaterals.

19-315. No distinction between whole- and half-blood.
There is no distinction between the kindred of the whole- and the half-blood.

19-701. Escheatment generally.
(a) Where there is no surviving spouse, surviving domestic partner, or relations of the intestate within the fifth degree, reckoned by counting down from the common ancestor to the more remote, the surplus of real and personal property escheats to the District of Columbia to be used by the Mayor of the District of Columbia for the benefit of the poor.

 

 


 

 

 

 

 

 

 

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