What Happens If You Die Without a Will in District of Columbia?

In District of Columbia, whether your parents are alive significantly affects what your spouse inherits. If neither parent survives you, your spouse inherits everything. But if a parent is still living, your spouse must share the estate with them—typically receiving a fixed dollar amount plus a percentage of the remainder, with the rest going to your parents. This surprises many couples who assume everything goes to the surviving spouse. A will ensures your spouse receives your full estate if that's your preference.

Blended families face different rules in District of Columbia. When you have children who are not also children of your surviving spouse—whether from a previous marriage, prior relationship, or born before the current marriage—your spouse receives only half of your estate. The other half goes directly to your children. This protects children from being inadvertently disinherited by a step-parent who might otherwise inherit everything and leave nothing to them.

District of Columbia requires heirs to survive you by 120 hours (5 days) to inherit. If an heir dies within this window, they're treated as having died before you, and their share passes to the next eligible heirs. This prevents the complication of assets passing through multiple estates when family members die close together—such as in an accident or during a shared illness. The 5-day period gives time for the situation to stabilize before determining who ultimately inherits.

District of Columbia uses "per stirpes" distribution, meaning descendants step into their deceased ancestor's shoes. If one of your children dies before you, their children (your grandchildren) collectively inherit what their parent would have received. They split their parent's share among themselves, regardless of how many children your other surviving children have. This keeps family branches intact—each branch of the family tree receives the same total share, even if one branch has more descendants than another.

District of Columbia's intestacy laws are codified in D.C. Code § 19-302. These statutes define exactly who inherits and in what proportions when someone dies without a valid will. The rules can change through legislative action, so anyone relying on intestacy should verify current law. More importantly, these default rules rarely match what people actually want—creating a will or trust lets you choose your beneficiaries rather than letting the state decide for you.