- Married with no children
- 1) If no descendant or parent of the decedent survives, the entire estate goes to the surviving spouse.
2) If a parent of the decedent survives, the surviving spouse receives 75% of the estate and the surviving parents receive 25%.
- Married with child or children
- 1) The surviving spouse gets two thirds of any estate balance if the decedent’s surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent.
2) The surviving spouse gets 50% of the estate balance if all of the decedent’s surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent.
3) The surviving spouse gets 50% of the balance of the estate if one or more of the descendant’s surviving descendants are not descendants of the surviving spouse.
- No spouse survives or the decedent was not married but there are other relatives
- The following is the order of estate distribution:
1) When there are children and no other descendants, the estate is divided equally among them. When there is a child and a child of a deceased child, the child of the deceased child takes the share that his or her deceased parent, if living, would be entitled to.
2) parents or their survivors
3) siblings or descendants of siblings
4) grandparents or their descendants
- No surviving relatives
- The estate passes to the District of Columbia.
- State link
- Special notes
- If you go to the state statutes, look for Title 19, Chapter 3 which covers intestate estates.