When you die without a will in Washington, D.C., your assets are distributed according to the District’s intestate succession laws under D.C. Code Title 19, Chapter 3. These laws create a rigid formula based on your surviving family members: your spouse or registered domestic partner, children, parents, siblings, and more distant relatives each receive predetermined shares that may not reflect your actual wishes. You lose the ability to choose who inherits your property, who manages your estate, or who raises your minor children.
What Is Intestate Succession in Washington, D.C.?
Intestate succession is the legal process that determines who inherits your property when you die without a valid will. When you die intestate in the District of Columbia, a probate court applies the statutory formula in D.C. Code Title 19, Chapter 3 to distribute your probate assets. The court doesn’t consider what you might have wanted. It applies the same formula to everyone, regardless of family dynamics, estrangements, or special needs.
Importantly, intestate succession only applies to probate assets. Many valuable assets pass outside of probate: life insurance pays to named beneficiaries, retirement accounts transfer to designated beneficiaries, jointly held property passes to the surviving owner, and trust assets are distributed according to the trust’s terms. If most of your wealth is in these non-probate assets with proper beneficiary designations, intestate succession may affect only a portion of your estate—but the assets it does affect will be distributed according to the statutory formula, not your preferences.
Who Inherits Your Property Under D.C. Intestate Law?
D.C. law treats registered domestic partners identically to spouses for inheritance purposes. Under the Domestic Partnership Equality Amendment Act, couples who register with the District receive the same intestate succession rights as married couples. This means if you have a registered domestic partner, they inherit under the same rules described below for spouses. However, you must be formally registered—simply living together, even for decades, does not create a domestic partnership or inheritance rights.
The distribution under D.C. intestate law depends on which family members survive you. If you are married or have a registered domestic partner with no children or parents, your spouse or registered domestic partner inherits everything. If you have a spouse or registered domestic partner and children who are also their children, your spouse or registered domestic partner receives two-thirds and your children split the remaining one-third. If you have a spouse or registered domestic partner and children from a previous relationship, your spouse or registered domestic partner receives only one-half, with the other half going to your children. If you have a spouse or registered domestic partner and surviving parents but no children, your spouse or registered domestic partner receives three-fourths and your parents receive one-fourth. These percentages are fixed by statute and cannot be adjusted based on individual circumstances.
If you die without a spouse or registered domestic partner, your children inherit everything in equal shares. If you have no children, your parents inherit. If you have no spouse, registered domestic partner, children, or parents, your siblings inherit, with the children of any deceased sibling taking their parent’s share. The law continues outward to grandparents, aunts, uncles, and cousins. Only if you have absolutely no relatives within the fifth degree does your property escheat to the District of Columbia—a rare outcome because the law is designed to find even distant relatives first.
What Control Do You Lose by Dying Without a Will?
Dying without a will means surrendering control over critical decisions. You cannot direct specific assets to specific people—if you want your daughter to have your grandmother’s jewelry or your best friend to inherit a treasured painting, intestate succession ignores all of this. You cannot provide for anyone outside the statutory hierarchy: unmarried partners receive nothing, stepchildren you never formally adopted receive nothing, close friends and charitable organizations receive nothing. Perhaps most significantly for parents, you have no say in who raises your minor children. The probate court will appoint a guardian based on its assessment, which may not align with your preferences. Family members you would never have chosen can petition for guardianship, triggering disputes when your children need stability most.
The Probate Process for Intestate Estates
When someone dies without a will in D.C., a family member must petition the D.C. Superior Court’s Probate Division to open an estate and appoint a personal representative. Because there’s no will naming an executor, the court follows a statutory priority list: generally the surviving spouse or registered domestic partner has first priority, followed by children, then other heirs. If multiple people want to serve or there’s disagreement, the court must resolve the dispute—adding time, expense, and conflict. The personal representative must inventory assets, notify creditors, pay debts and taxes, and distribute the remaining estate according to the intestate formula. The process typically takes about a year for straightforward estates, longer if complications arise.
Frequently Asked Questions About Dying Without a Will in D.C.
Does my spouse or registered domestic partner automatically inherit everything if I die without a will in D.C.?
Not necessarily. Your spouse or registered domestic partner only inherits everything if you have no surviving children, grandchildren, or parents. If you have children who are also your spouse’s or registered domestic partner’s children, they receive two-thirds and your children split one-third. If you have children from a prior relationship, your spouse or registered domestic partner receives only one-half. If you have surviving parents but no children, your spouse or registered domestic partner receives three-fourths. The specific share depends on your exact family structure.
What happens to my minor children if I die without a will?
If both parents die without a will, the probate court appoints a guardian for minor children based on the child’s best interests. This process can be contentious if multiple people want custody. Additionally, any inheritance your minor children receive must be managed by a court-appointed guardian until they turn 18, at which point they receive the full amount outright—regardless of their maturity or financial readiness.
Can my unmarried partner inherit from me under D.C. intestate law?
Only if you are registered domestic partners. D.C. intestate succession recognizes spouses, registered domestic partners, and blood relatives. If you’re in a committed relationship but have not married or registered as domestic partners, your partner has no inheritance rights—even if you’ve lived together for decades. Your assets would pass to blood relatives according to the statutory formula. To protect an unregistered partner, you need a will, trust, beneficiary designations, or joint ownership.
Do stepchildren inherit under D.C. intestate law?
No. Stepchildren you never legally adopted have no inheritance rights under D.C. intestate succession. Only legally recognized parent-child relationships count: biological children, legally adopted children, and children born through assisted reproduction where you’re recognized as a legal parent. If you want stepchildren to inherit, you must include them in a will or trust, name them as beneficiaries on accounts and policies, or legally adopt them.
How long does probate take for an intestate estate in D.C.?
A straightforward intestate estate in D.C. typically takes about a year. However, the process can take longer if there are disputes about who should serve as personal representative, disagreements among heirs, complex assets, or minor children requiring guardianship proceedings. Having a will doesn’t eliminate probate but can streamline the process by naming an executor and providing clear instructions.
Why Estate Planning Matters
Dying without a will means accepting the District’s one-size-fits-all formula for distributing your assets—a formula that ignores your relationships, values, and your family’s specific needs. For anyone with a blended family, unmarried partner, minor children, stepchildren, or specific wishes about who should receive particular assets, dying without a will virtually guarantees your estate will be distributed in ways you wouldn’t have chosen. Creating a will is not complicated or expensive, and it gives you control over decisions that matter.
About the Author: Kevin C. Martin is an estate planning attorney who focuses on families with complex planning needs, including blended families, unmarried couples, and clients with multi-jurisdictional assets. To discuss creating a will or comprehensive estate plan, schedule a consultation at kevinmartinlaw.com.