What Happens if You Die Without a Will in Washington, D.C.?

No will means the District of Columbia's intestate succession law makes the call, based on your marital status and closest relatives. Here's what that looks like. D.C. is also unusual in treating registered domestic partners exactly like spouses for inheritance purposes.

If You are Married (or in a Domestic Partnership) with Children

• If your children are all shared with your spouse or partner, and they have no other children, your spouse or partner inherits 2/3 of your estate. Your children inherit the remaining 1/3.

• If either you or your spouse or partner has children from another relationship, your spouse or partner inherits 1/2 of your estate. Your children inherit the other 1/2.

If You are Married (or Partnered) Without Children

Your spouse or domestic partner inherits your entire estate if you have no living parents. If you have living parents, your spouse or partner inherits 3/4 of your estate, and your parents inherit the remaining 1/4.

If You Don't Have a Spouse or Partner, but Have Children

Your children inherit all of your assets, divided equally.

If You Don't Have a Spouse, Partner, or Children

Your parents inherit your estate. If neither parent survives, your siblings inherit next, then more distant relatives by degree.

If No Living Relatives Can Be Found

Your property reverts to the District of Columbia, though this is rare given how broadly the law searches for relatives first.

Other Things to Know about Dying Without a Will in D.C.

• Heirs generally must survive you by 120 hours to inherit.

• Unmarried partners who aren't registered domestic partners, stepchildren you never adopted, close friends, and charities all receive nothing under D.C.'s intestacy formula.

• D.C. imposes its own estate tax on estates over roughly $4.7 million, separate from the federal estate tax.

When Does an Estate Go Through Probate Without a Will

If you die without a will in D.C., your estate may still avoid formal probate if it's valued at $80,000 or less, using a small estate proceeding. Larger estates go through the Probate Division of the Superior Court.

To learn more about probate in D.C., go to probate in Washington D.C.

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