A decedent’s surviving spouse or surviving domestic partner is entitled to a homestead allowance of $15,000. If there is no surviving spouse or surviving domestic partner, each surviving minor child and each surviving dependent child of the decedent is entitled to a homestead allowance amounting to $15,000 divided by the number of surviving minor and surviving dependent children of the decedent. The homestead allowance is exempt from and has priority over all claims against the estate, except as provided in section 20-906 . The homestead allowance is in addition to any share passing to the surviving spouse, surviving domestic partner, or surviving minor or surviving dependent child by the will of the decedent, unless otherwise provided by intestate succession, or by way of elective share.
(Apr. 27, 2001, D.C. Law 13-292, § 801(c), 48 DCR 2087; Apr. 4, 2006, D.C. Law 16-79, § 5(c), 53 DCR 1035.)
This section is referenced in § 19-1305.05 and § 20-906.
D.C. Law 16-79, substituted “surviving spouse or surviving domestic partner” for “surviving spouse” and substituted “surviving spouse, surviving domestic partner, or surviving minor” for “surviving spouse or surviving minor”.
Structure District of Columbia Code
Title 19 - Descent, Distribution, and Trusts. [Enacted title]
Chapter 1 - Rights of Surviving Spouse or Domestic Partner, and Children
§ 19–101. Family allowance; construction; penalties. [Repealed]
§ 19–101.02. Homestead allowance
§ 19–102. Dower and curtesy abolished
§ 19–103. Forfeiture of dower by desertion and adultery. [Repealed]
§ 19–104. Absent or incompetent spouse. [Repealed]
§ 19–105. Jointure before marriage as bar to dower. [Repealed]
§ 19–106. Jointure after marriage; election. [Repealed]
§ 19–107. Effect of acts of one spouse. [Repealed]
§ 19–107a. Release of dower. [Repealed]
§ 19–108. Recovery of dower withheld; damages. [Repealed]
§ 19–109. Recovery of dower obtained by default or collusion; damages. [Repealed]
§ 19–110. Assignment by guardian; rights of heir. [Repealed]
§ 19–111. Reendowment upon eviction from jointure. [Repealed]
§ 19–112. Devise or bequest to a spouse or domestic partner
§ 19–114. Right of surviving spouse or surviving domestic partner if there is no renunciation