Intestacy and Allowances for DC VA MD

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Intestacy laws are defined as the default set of laws that apply when an individual dies without a valid last will and testament. Or they can also apply should certain provisions of an individual’s will be found to be invalid.

The table below provides and overview of the Intestacy laws for Washington D.C., Maryland and Virginia.

	District of Columbia	Maryland	Virginia
Spouse	100% if no descendant or parent survives decedent. 75% if no descendant of the decedent survives the decedent, but the decedent is survived by a parent. 2/3 if decedent’s surviving descendants are also descendants of the surviving spouse or domestic partner and no other descendant of the surviving spouse or domestic partner survives the decedent. 50% if any descendant of the decedent is not a descendant of the surviving spouse or domestic partner or if the surviving spouse or domestic partner has surviving descendants who are not descendants of the decedent.	100% if the decedent is not survived by issue or parent. 100% if the decedent is not survived by issue, but has a surviving parent, and the surviving spouse and decedent had been married for at least 5 years. 50% if decedent has a surviving minor child. $40,000, plus one-half of the residue if decedent has surviving issue. $40,000, plus one-half of the residue if the decedent does not have surviving issue but is survived by parents and the surviving spouse and decedent had been married for less than 5 years.	100% if the decedent is not survived by descendants who are not are not also descendants of the surviving spouse. 1/3 if the decedent is survived by descendants who are not are not also descendants of the surviving spouse.
Children	1/3 divided equally among them if they are the only children of the decedent and decedent’s surviving spouse or domestic partner 50% divided among the children of the decedent if any of them is not also a child of the decedent’s surviving spouse or domestic partner or if the surviving spouse or domestic partner has descendants who are not also descendants of the decedent. 100% if the decedent is not survived by a spouse or domestic partner	The share in excess of the surviving spouse’s share divided equally among the decedent’s surviving children. 100% divided into the number of shares creating one share for each of the decedent’s surviving children and one share for each of decedent’s predeceased children who leave surviving issue, if the decedent is not survived by a spouse. Each surviving child receives distribution of one share.	100 % if there is no surviving spouse, or to their issue, per stirpes. 2/3 if there is a surviving spouse, but some of decedents children are not also children of the surviving spouse, or to their issue, per stirpes.
Grandchildren	The child of a decedent’s deceased child takes such share as his or her deceased parent would, and every other descendant stands in the place of his or her deceased ancestor. Those in equal degree claiming in the place of an ancestor take equal shares (per capita distribution)	The share of decedent’s deceased child is divided into the number of shares creating one share for each of the decedent’s surviving grandchildren and one share for each of decedent’s predeceased grandchildren who leave surviving issue. Each surviving grandchild receives one share and the share of pre- deceased grandchildren continues to be divided and distributed in the same pattern (per stirpes distribution)	Per stirpes distribution.
Parents	25% divided equally among them if the decedent is survived by a spouse or domestic partner, but no descendants. 100% divided equally among them if the decedent is not survived by a spouse or domestic partner or descendants	When the decedent has no surviving issue, the share in excess of the share distributed to the surviving spouse who had been married to the decedent less than five years, divided equally among the surviving parents. 100% divided equally among them if the decedent is not survived by a spouse or descendants	100% if the decedent is not survived by a spouse or descendants.
Siblings or their descendants	100% divided equally among decedents siblings if the decedent is not survived by a spouse or domestic partner, descendants, or parents. Descendants of a deceased sibling stand in place of their deceased parent.	If the decedent is not survived by a spouse, descendants, or parents, 100% to the parents’ issue, per stirpes.	If the decedent is not survived by a spouse, descendants, or parents 100% to decedent’s siblings or their issue, per stirpes.
Collateral Relations	100% divided equally among collateral relations in equal degree if the decedent is not survived by a spouse or domestic partner, descendants, parents, siblings, or descendants of siblings. Representation among collaterals is not allowed.
Grandparents		If the decedent is not survived by a spouse, descendants, parents, or issue of parents: 50% to the maternal grandparents, the survivor of them, their issue, per stirpes, if neither grandparent survives and 50% to the paternal grandparents, the survivor of them, or their issue, per stirpes, if neither grandparent survives. If the one set of grandparents or their issue do not survive, then to the other set of grandparents, the survivor of them, or their issue, per stirpes, if the other grandparents do not survive. If neither set of grandparent survive, then to each pair of great-grandparents following the distribution pattern set for the grandparents.	If there is none of the foregoing, then one-half of the estate descends and passes to the kindred of one of the decedent’s parents and one-half descends and passes to the kindred of the other of the decedent’s parents in the following course: a. To the decedent’s grandparents, or to the surviving grandparent. b. If there is none of the foregoing, then to the decedent’s uncles and aunts, and their descendants. c. If there is none of the foregoing, then to the decedent’s great- grandparents. d. If there is none of the foregoing, then to the siblings of the decedent’s grandparents, and their descendants. e. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors
Allowances	Family Allowance: up to $15,000 to surviving spouse, domestic partner, minor children for maintenance during estate administration. Exempt Property Allowance: $10,000 in household furniture, automobiles, furnishings, appliances, and personal effects or other assets (excluding real property) if value of exempt property is less than $10,000. Homestead Allowance: $15,000 to surviving spouse or surviving domestic partner; if none, then divided among surviving minor or dependent children.	Family Allowance: $10,000 to surviving spouse for personal use, plus $5,000 for the use of each unmarried child of the decedent who is under 18 years-old.	Family Allowance: up to $24,000, or periodic installments not to exceed $2,000 per month for one year, payable to the surviving spouse for the use of the surviving spouse and minor children or, if there is no surviving spouse, to the person having the care and custody of the minor children. Exempt Property Allowance: $20,000 in household furniture, automobiles, furnishings, appliances, and personal effects or other assets if value of exempt property is less than $20,000, to the surviving spouse or there is none, the minor children of the decedent are entitled in equal shares to such property of the same value. Homestead Allowance: $20,000 to surviving spouse; if none, then divided among surviving minor children

If you have Intestacy or Allowance related questions with respect to Washington DC, Virginia oe Marlyand, we encourage you to request a consultation with one of our Washington DC will and estate planning attornies today.

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Intestacy and Allowances for DC VA MD

Intestacy laws are defined as the default set of laws that apply when an individual dies without a valid last will and testament. Or they can also apply should certain provisions of an individual’s will be found to be invalid.

Contact an Experienced Estate Planning Law Firm Serving DC, Northern Virginia & Maryland That You Can Trust

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