Elective Share in District of Columbia
State-specific overview · Estate & Probate
A surviving spouse may claim one-third to one-half of the estate, depending on whether the deceased left surviving children.
How District of Columbia treats Elective Share
The District of Columbia grants a surviving spouse an elective share that varies by family composition. If the deceased spouse left no surviving children, the spouse receives one-half of the estate. If surviving children exist, the spouse receives one-third of the estate. The surviving spouse must generally elect to take this share within a specific timeframe after the estate is opened, and the election applies to the net probate estate after debts and expenses.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in District of Columbia.