What the rule says
DC's intestacy framework, codified at D.C. Code § 19-302, distributes the estate based on family structure with DC-specific fractions:
- Spouse and all descendants are mutual: The spouse takes two-thirds (2/3) of the estate. Descendants take one-third by representation. - Spouse and at least one descendant from prior relationship: The spouse takes one-half. Descendants take the other half. - Spouse but no descendants, with parent surviving: The spouse takes three-fourths (3/4) of the estate. Parent takes one-fourth. - Spouse but no descendants and no parents: The spouse takes the entire estate. - Descendants but no spouse: Descendants take the entire estate by representation.
DC's two-thirds spousal share for mutual-descendants families is distinctive — most UPC states give the entire estate to the spouse in this configuration. DC's framework preserves a one-third descendant share even when all descendants are mutual.
What this means in practice
- DC resident dies without a will, leaving spouse and three mutual children. Estate $400,000. Spouse takes $266,667 (2/3). Children together take $133,333 (1/3). - DC resident dies without a will, leaving spouse and one child from prior relationship. Estate $400,000. Spouse takes $200,000 (1/2). Child takes $200,000. - DC resident dies without a will, no descendants, surviving spouse and parent. Estate $400,000. Spouse takes $300,000 (3/4). Parent takes $100,000.
DC's framework is less spouse-favorable than most UPC states for mutual-descendants families.
What you can do about it
- DC will requirements (D.C. Code § 18-103). A will must be in writing, signed by the testator, and signed by two competent witnesses. - DC does not generally recognize holographic wills. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under D.C. Code § 19-113, surviving spouse can elect against the will.
Who this affects most
DC's intestacy framework is most consequential for married DC residents in mutual-descendants families where the 2/3 spousal share is less generous than most UPC states. A will is the only mechanism to direct different distribution.