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Washington DC Elective Share Claim
In Washington D.C., the elective share claim is a legal tool that allows a surviving spouse to claim a minimum portion of the deceased spouse’s estate, regardless of what is written in the will. This statutory right serves as a protection against complete disinheritance.
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1. Washington DC Elective Share Claim: Eligibility to File
Only legally recognized spouses are eligible to assert this right. Domestic partners registered with the District of Columbia are also eligible. However, divorced spouses, common-law spouses, or cohabiting partners without legal recognition cannot make such claims.
Washington DC Elective Share Claim: Conflicts with the Will
Even if a will leaves nothing to the surviving spouse, that spouse may override the will and claim a share under D.C. law. This right cannot be eliminated by will alone unless waived through a valid agreement.
2. Washington DC Elective Share Claim: Amount and Scope
Under current D.C. law, the elective share equals **one-third (1/3) of the augmented estate**. The augmented estate includes both probate and certain non-probate assets, such as joint accounts or lifetime transfers made within two years of death.
Washington DC Elective Share Claim: What Counts in the Augmented Estate
The following may be included in the calculation:
- Assets in probate
- Joint tenancy property
- Transfers within 2 years made without full consideration
3. Washington DC Elective Share Claim: Filing Requirements and Deadlines
A surviving spouse or domestic partner must file a petition for elective share within 6 months after the appointment of the personal representative or within 9 months of death, whichever is later.
Washington DC Elective Share Claim: Filing Procedure
The petitioner must:
- File a formal petition with the Superior Court of the District of Columbia (Probate Division)
- Notify the estate representative and interested parties
- Attend court proceedings if required
Failure to file timely or serve notice correctly may forfeit the right.
4. Washington DC Elective Share Claim: Common Legal Disputes
Elective share claims can become contentious in cases involving:
- Hidden transfers before death
- Multiple marriages or domestic partnerships
- Assets placed in revocable living trusts
Washington DC Elective Share Claim: Case Example
Example:
A decedent leaves the entire estate to children from a previous marriage, excluding the surviving spouse. If no prenuptial waiver exists, the surviving spouse may assert a right to one-third of the augmented estate.
5. Washington DC Elective Share Claim: Spousal Waivers
Spouses or registered partners may waive their elective share in a written agreement, such as a prenuptial or postnuptial contract. The waiver must be voluntary, signed, and supported by full financial disclosure.
6. Washington DC Elective Share Claim: Strategic Considerations
Elective share claims in D.C. require careful timing, legal formality, and an understanding of what counts as part of the augmented estate. These claims often involve litigation and require precise estate valuation.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
