Legal Question in Family Law in District of Columbia
death without will
what is the surviving wife entitled to from her husband's estate when he dies without a will in the District of Columbia
1 Answer from Attorneys
Re: death without will
Sec. 19-302 of the D.C. Code provides as follows:
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 survivng 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 survivng 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 descendents of the surviving spouse or surviving domestic partner.