Updated September 4, 2026. Quick answer: in District of Columbia, dying without a will does not mean the state keeps the estate; it means District of Columbia’s intestacy statute (D.C. Code §§ 19-302 (Share of spouse or domestic partner); 19-305 to 19-312 (distribution hierarchy); 19-315 (No distinction between whole- and half-blood)) decides who gets it, and the surviving spouse usually does not take everything. The single most common misunderstanding on this page: a stepchild or a child from an earlier relationship can cut the spouse’s share sharply below what most people assume.
What this guide covers
Who inherits from District of Columbia residents who die without a will is set by statute, not custom: D.C. Code §§ 19-302 (Share of spouse or domestic partner); 19-305 to 19-312 (distribution hierarchy); 19-315 (No distinction between whole- and half-blood) and the sections around it. It governs only the probate estate: what is left after retirement accounts and life insurance with a living named beneficiary, payable-on-death accounts, property in joint tenancy with survivorship, and anything already in a funded trust have already passed outside it. This page covers the spouse’s share, who inherits if there is no spouse, and the rules that can change the answer: half-blood relatives.
The spouse’s share
When the spouse takes everything: D.C. Code section 19-302(1): the entire intestate estate, if no descendant or parent of the decedent survives the decedent.
When it is less than everything: Five tiers under section 19-302, the most granular formula among these jurisdictions, and the only one with a parent-survives tier: (1) entire estate if no descendant or parent of the decedent survives; (2) two-thirds (2/3) of any balance if the decedent’s surviving descendants are all also descendants of the surviving spouse/domestic partner AND the spouse/DP has no other surviving descendants; (3) three-fourths (3/4) of any balance if no descendant of the decedent survives but a parent of the decedent does; (4) one-half (1/2) of any balance if all the decedent’s surviving descendants are also the spouse’s/DP’s descendants BUT the spouse/DP has one or more surviving descendants who are not the decedent’s (blended family on the spouse’s side); (5) one-half (1/2) of any balance if one or more of the decedent’s surviving descendants are NOT descendants of the surviving spouse/DP (blended family on the decedent’s side). DC extends full parity to registered domestic partners throughout.
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.
Source: D.C. Code §§ 19-302 (Share of spouse or domestic partner); 19-305 to 19-312 (distribution hierarchy); 19-315 (No distinction between whole- and half-blood)
If a DIY will fits your situation in District of Columbia
In District of Columbia, a surviving spouse can end up sharing the estate with a stepchild or a child from an earlier relationship under the default rules above; a will is what lets you decide that instead of the statute. LawDepot builds a state-specific last will and testament.
LawDepot pays us a commission if you buy through this link; it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
Who inherits if there is no spouse
Section 19-306: children share the surplus equally (no other descendants). Section 19-307: grandchildren/further descendants take by representation. Section 19-308: if no child or descendant, whole estate to father and mother equally, or the survivor. Section 19-309: if no child, descendant, father, or mother, a brother/sister or descendants of a brother/sister take the whole. Section 19-310: brothers and sisters share equally, their children stand in their place. Section 19-311: after children/descendants/parents/siblings/their descendants, collateral relations in equal degree share, with no representation allowed among collaterals. Section 19-312: grandparents share alike where there are no collaterals.
Rules that change the outcome
Half-blood relatives: Full share, no distinction whatsoever. D.C. Code section 19-315: ‘There is no distinction between the kindred of the whole- and the half-blood.’
What a will changes
A will does not just skip the statute above; it lets you choose who gets District of Columbia property that the intestacy rules would send somewhere else: a spouse who would otherwise share the estate with a stepchild, a partner who is not married and inherits nothing under intestacy at all, or specific people the statute’s ladder never reaches. It also lets you name an executor rather than leaving the court to appoint one. What it does not change: assets that already pass outside probate: a will has no effect on a beneficiary designation, a payable-on-death account, or property held in joint tenancy.
General information drawn from state intestate-succession statutes, not legal advice. Who inherits without a will is STATE law and differs in every state; the spouse’s share, the order of inheritance, and how half-blood and community-property rules apply all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.