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Current through October 23, 2012
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.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
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".
Legislative History of Laws
For Law 13-292, see notes following § 19-101.01.
Law 16-79, the "Domestic Partnership Equality Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-52 which was referred to the Committee on Judiciary. The Bill was adopted on first and second readings on December 6, 2005, and January 4, 2006, respectively. Signed by the Mayor on January 26, 2006, it was assigned Act No. 16-265 and transmitted to both Houses of Congress for its review. D.C. Law 16-79 became effective on April 4, 2006.
