reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 3 - Intestates’ Estates › § 19–310. Brothers and sisters to share equally

§ 19–310. Brothers and sisters to share equally.
Each brother and sister of the intestate is entitled to an equal share, and the children or descendants of a brother or sister of the intestate, stand in the place of their deceased parents respectively.
(Sept. 14, 1965, 79 Stat. 698, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 19-310.
1973 Ed., § 19-310.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 3 - Intestates’ Estates › § 19–311. Share of collateral relations

§ 19–311. Share of collateral relations.
After children, descendants, parents, brothers, and sisters of the deceased and their descendants, all collateral relations in equal degree share, and representation among the collaterals is not allowed.
(Sept. 14, 1965, 79 Stat. 699, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 19-311.
1973 Ed., § 19-311.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 3 - Intestates’ Estates › § 19–312. Share of grandfather and grandmother

§ 19–312. Share of grandfather and grandmother.
The grandparents, or such of them as survive, share alike where there are no collaterals.
(Sept. 14, 1965, 79 Stat. 699, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 19-312.
1973 Ed., § 19-312.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 3 - Intestates’ Estates › § 19–313. Death of distributee before distribution

§ 19–313. Death of distributee before distribution.
When a person entitled to distribution dies before the distribution is made, his share goes to his estate or legal representatives.
(Sept. 14, 1965, 79 Stat. 699, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 19-313.
1973 Ed., § 19-313.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 3 - Intestates’ Estates › § 19–314. Share of posthumous children

§ 19–314. Share of posthumous children.
A right in the inheritance to real or personal property does not accrue to or vest in a person other than the children of the intestate and their descendants, unless the person is in being and capable in law to take as heir or distributee at the time of the intestate’s death; but a child or descendant of the intestate born after the death of the intestate has the same right of inheritance as if born before his death.
(Sept. 14, 1965, 79 Stat. 699, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 19-314.
1973 Ed., § 19-314.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 3 - Intestates’ Estates › § 19–315. No distinction between whole- and half-blood

§ 19–315. No distinction between whole- and half-blood.
There is no distinction between the kindred of the whole- and the half-blood.
(Sept. 14, 1965, 79 Stat. 699, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 19-315.
1973 Ed., § 19-315.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 3 - Intestates’ Estates › § 19–316. Share of children born out of wedlock; their heirs; mother; father

§ 19–316. Share of children born out of wedlock; their heirs; mother; father.
Children born out of wedlock and the heirs of children born out of wedlock are capable of taking real and personal estate by inheritance from their mother or from their father if parenthood has been established, or from each other, or from heirs of each other, as the case may be, in like manner as if born in lawful wedlock, and the mother and such father, and their respective heirs, are capable of inheriting from such children.
(Sept. 14, 1965, 79 Stat. 699, Pub. L. 89-183, § 1; Oct. 1, 1976, D.C. Law 1-87, § 22(a), (c), 23 DCR 2544; June 13, 1978, D.C. Law 2-78, § 2, 24 DCR 9282; June 24, 1980, D.C. Law 3-72, § 204(c), 27 DCR 2155.)
Prior Codifications
1981 Ed., § 19-316.
1973 Ed., § 19-316.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 3 - Intestates’ Estates › § 19–317. Trust estates

§ 19–317. Trust estates.
When a trustee is seized of the naked legal estate in real estate in fee simple, and dies intestate thereof, the legal estate descends according to section 19-301 to the persons who would inherit the beneficial estate if it were vested in them.
(Sept. 14, 1965, 79 Stat. 699, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 19-317.
1973 Ed., § 19-317.
Section References
This section is referenced in § 22-3571.02.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 3 - Intestates’ Estates › § 19–318. Antenuptial children

§ 19–318. Antenuptial children.
When a man has a child by a woman whom he afterwards marries, the child, if acknowledged by the man, is, in virtue of the marriage and acknowledgment, legitimated and capable in law of inheriting and transmitting heritable property as if born in wedlock.
(Sept. 14, 1965, 79 Stat. 699, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 19-318.
1973 Ed., § 19-318.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 3 - Intestates’ Estates › § 19–319. Advancements

§ 19–319. Advancements.
(a) If a child or descendant has been advanced by the intestate during the intestate’s lifetime, by settlement or portion, real estate or personal estate, the value thereof is reckoned for the purposes of descent and distribution as part of the estate of the intestate descendible and to be divided among his heirs or distributed to his distributees. Where the advancement is equal to or greater than a share, the child or descendant is excluded from any further share in the estate of the intestate and is not liable to refund any part of the amount so advanced; but the surviving spouse has no advantage by bringing the advancement into reckoning. Where the advancement is less than a share, the child or descendant receives so much, only, of the personal estate, and inherits so much, only, of the real estate, of the intestate, as is sufficient to make all the shares of all the children in the whole property, including the advancement, equal. The value of real or personal estate so advanced shall be estimated according to the worth thereof when given. Maintenance or education of a child or descendant, or giving him money or real estate, without a view to a portion or settlement in life, is not an advancement.
(b) Where an advancement to be adjusted, as provided by subsection (a) of this section, consisted of real estate, the adjustment shall be made out of the real estate descendible to the heirs. Where the advancement was in personal estate, the adjustment shall be made out of the surplus of the personal estate to be distributed to the distributees. Where either species of estate is insufficient to enable the adjustment to be fully made, the deficiency shall be adjusted out of the other.
(Sept. 14, 1965, 79 Stat. 699, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 19-319.
1973 Ed., § 19-319.
Section References
This section is referenced in § 19-307.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 3 - Intestates’ Estates › § 19–320. Felonious homicide as barring inheritance; insurance policies; bona fide purchasers

§ 19–320. Felonious homicide as barring inheritance; insurance policies; bona fide purchasers.
(a) A person convicted of felonious homicide of another person, by way of murder or manslaughter, takes no estate or interest in property of any kind from that other person by way of:
(1) inheritance, distribution, devise, or bequest; or
(2) remainder, reversion, or executory devise dependent upon the death of the other person.
The estate, interest, or property to which the person so convicted would have succeeded or would have taken in any way from or after the death of the decedent goes, instead, as if the person so convicted had died before the decedent.
(b) Policies of insurance directly or indirectly procured by a person convicted as specified by subsection (a) of this section, for his own benefit or payable to him upon the life of the person killed by him, are void.
(c) This section does not affect the rights of bona fide purchasers of property specified by subsection (a) of this section, for value and without notice.
(Sept. 14, 1965, 79 Stat. 700, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 19-320.
1973 Ed., § 19-320.
Section References
This section is referenced in § 19-604.13.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 3 - Intestates’ Estates › § 19–321. Descent through alien ancestor no bar

§ 19–321. Descent through alien ancestor no bar.
In making title by descent it is no bar to a party claiming as heir that an ancestor, whether living or dead, through whom he derives his descent from the intestate, is or has been an alien.
(Sept. 14, 1965, 79 Stat. 700, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 19-321.
1973 Ed., § 19-321.
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 3 - Intestates’ Estates › § 19–322. Definitions

§ 19–322. Definitions.
For the purposes of this chapter, the term “domestic partner” shall have the same meaning as provided in § 32-701(3).
(Apr. 4, 2006, D.C. Law 16-79, § 5(o), 53 DCR 1035.)
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 5 - Simultaneous Deaths; Uniform Law › § 19–501. Definitions

§ 19–501. Definitions.
For the purposes of the chapter, the term:
(1) “Co-owners with right of survivorship” includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitles one or more to the whole of the property or account on the death of the other or others.
(2) “Governing instrument” means a deed, will, trust, insurance or annuity policy, account with POD designation, pension, profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type.
(3) “Payor” means a trustee, insurer, business entity, employer, government, governmental agency, subdivision, or instrumentality, or any other person authorized or obligated by law or a governing instrument to make payments.
(Apr. 27, 2001, D.C. Law 13-292, § 202, 48 DCR 2087.)
Prior Codifications
1981 Ed., § 19-501.
1973 Ed., § 19-501.
Editor's Notes
This section was previously enacted by section 1 of Public Law 89-183, 79 Stat. 700, but repealed by implication by D.C. Law 13-292.
Uniform Law: This section is based upon § 1 of the Uniform Simultaneous Death Act (1993 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 5 - Simultaneous Deaths; Uniform Law › § 19–502. Requirement of survival by 120 hours under probate laws

§ 19–502. Requirement of survival by 120 hours under probate laws.
(a) Except as provided in section 19-506, if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead or family allowance depends upon an individual’s survivorship of the death of another individual, an individual who is not established by clear and convincing evidence to have survived the other individual by 120 hours is deemed to have predeceased the other individual.
(b) This section does not apply if its application would result in a taking of intestate estate by the District of Columbia.
(Apr. 27, 2001, D.C. Law 13-292, § 202, 48 DCR 2087.)
Prior Codifications
1981 Ed., § 19-502.
1973 Ed., § 19-502.
Section References
This section is referenced in § 19-604.13.
Editor's Notes
This section was previously enacted by section 1 of Public Law 89-183, 79 Stat. 700, but repealed by implication by D.C. Law 13-292.
Uniform Law: This section is based upon § 2 of the Uniform Simultaneous Death Act (1993 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 5 - Simultaneous Deaths; Uniform Law › § 19–503. Requirement of survival by 120 hours under governing instruments

§ 19–503. Requirement of survival by 120 hours under governing instruments.
Except as provided in section 19-506 , for purposes of a provision of a governing instrument that relates to an individual surviving an event, including the death of another individual, an individual who is not established by clear and convincing evidence to have survived the event by 120 hours is deemed to have predeceased the event.
(Apr. 27, 2001, D.C. Law 13-292, § 202, 48 DCR 2087.)
Prior Codifications
1981 Ed., § 19-503.
1973 Ed., § 19-503.
Editor's Notes
This section was previously enacted by section 1 of Public Law 89-183, 79 Stat. 700, but repealed by implication by D.C. Law 13-292.
Uniform Law: This section is based upon § 3 of the Uniform Simultaneous Death Act (1993 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 5 - Simultaneous Deaths; Uniform Law › § 19–504. Co-owners with right of survivorship; requirement of survival by 120 hours

§ 19–504. Co-owners with right of survivorship; requirement of survival by 120 hours.
Except as provided in section 19-506 :
(1) If it is not established by clear and convincing evidence that one of 2 co-owners with right of survivorship survived the other co-owner by 120 hours, one-half of the property passes as if one had survived by 120 hours and one-half as if the other had survived by 120 hours; and
(2) If there are more than 2 co-owners and it is not established by clear and convincing evidence that at least one of them survived the others by 120 hours, the property passes in the proportion that one bears to the whole number of co-owners.
(Apr. 27, 2001, D.C. Law 13-292, § 202, 48 DCR 2087.)
Prior Codifications
1981 Ed., § 19-504.
1973 Ed., § 19-504.
Editor's Notes
This section was previously enacted by section 1 of Public Law 89-183, 79 Stat. 700, but repealed by implication by D.C. Law 13-292.
Uniform Law: This section is based upon § 4 of the Uniform Simultaneous Death Act (1993 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 5 - Simultaneous Deaths; Uniform Law › § 19–505. Evidence of death or status

§ 19–505. Evidence of death or status.
In addition to the rules of evidence, the following rules relating to a determination of death and status apply:
(1) Death occurs when an individual is determined to be dead under section 7-601.
(2) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent.
(3) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.
(4) In the absence of prima facie evidence of death under paragraph (2) or (3) of this subsection, the fact of death may be established by clear and convincing evidence, including circumstantial evidence.
(5) If an individual is presumed to be dead under section 14-701, the individual’s death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
(6) In the absence of evidence disputing the time of death stipulated on a document described in paragraph (2) or (3) of this subsection, a document described in paragraph (2) or (3) that stipulates a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours.
(Apr. 27, 2001, D.C. Law 13-292, § 202, 48 DCR 2087.)
Prior Codifications
1981 Ed., § 19-505.
1973 Ed., § 19-505.
Editor's Notes
This section was previously enacted by section 1 of Public Law 89-183, 79 Stat. 700, but repealed by implication by D.C. Law 13-292.
Uniform Law: This section is based upon § 5 of the Uniform Simultaneous Death Act (1993 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 5 - Simultaneous Deaths; Uniform Law › § 19–506. Exceptions

§ 19–506. Exceptions.
Survival by 120 hours is not required if:
(1) The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case;
(2) The governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by any specified period or expressly requires the individual to survive the event for a specified period, but survival of the event or the specified period must be established by clear and convincing evidence;
(3) The imposition of a 120-hour requirement of survival would cause a nonvested property interest or a power of appointment to fail to qualify for validity under section 19-901(a) (1), (b) (1), or (c) (1) or to become invalid under section 19-901(a) (2), (b) (2), or (c) (2), but survival must be established by clear and convincing evidence; or
(4) The application of a 120-hour requirement of survival to multiple governing instruments would result in an unintended failure or duplication of a disposition, but survival must be established by clear and convincing evidence.
(Apr. 27, 2001, D.C. Law 13-292, § 202, 48 DCR 2087.)
Prior Codifications
1981 Ed., § 19-506.
1979 Ed., § 19-506.
Section References
This section is referenced in § 19-502, § 19-503, and § 19-504.
References in Text
“This part,” referred to in subsec. (b), is Division III of the D.C. Official Code, Decedents’ Estates and Fiduciary Relations.
Editor's Notes
This section was previously enacted by section 1 of Public Law 89-183, 79 Stat. 700, but repealed by implication by D.C. Law 13-292.
Uniform Law: This section is based upon § 6 of the Uniform Simultaneous Death Act (1993 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 5 - Simultaneous Deaths; Uniform Law › § 19–508. Uniformity of application and construction

§ 19–508. Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among the states enacting it.
(Apr. 27, 2001, D.C. Law 13-292, § 202, 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 8 of the Uniform Simultaneous Death Act (1993 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 5 - Simultaneous Deaths; Uniform Law › § 19–509. Application to existing relationships

§ 19–509. Application to existing relationships.
On the effective date of this chapter [April 27, 2001]:
(1) An act done before the effective date in any proceeding and any accrued right is not impaired by this chapter. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time that has commenced to run by the provisions of any statute before the effective date, the provisions remain in force with respect to that right; and
(2) Any rule of construction or presumption provided in this chapter applies to instruments executed and multiple-party accounts opened before the effective date unless there is a clear indication of a contrary intent.
(Apr. 27, 2001, D.C. Law 13-292, § 202, 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 12 of the Uniform Simultaneous Death Act (1993 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter I - Provisions Relating to Effect of Death › § 19–601.01. Nonprobate transfers on death

§ 19–601.01. Nonprobate transfers on death.
(a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, marital property agreement, or other written instrument of a similar nature is nontestamentary. This section includes a written provision that:
(1) Money or other benefits due to, controlled by, or owned by a decedent before death must be paid after the decedent’s death to a person whom the decedent designates, either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later;
(2) Money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand; or
(3) Any property controlled by or owned by the decedent before death which is the subject of the instrument passes to a person the decedent designates, either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later.
(b) This section does not limit rights of creditors under other laws of the District.
(c) This section does not determine the validity of, or priority among, any inconsistent provisions in documents specified in subsection (a) of this section.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 101 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter II - Multiple-Person Accounts › Part A - Definitions and General Provisions › § 19–602.02. Limitation on scope of subchapter

§ 19–602.02. Limitation on scope of subchapter.
This subchapter does not apply to:
(1) An account established for a partnership, joint venture, or other organization for a business purpose;
(2) An account controlled by one or more persons as an agent or trustee for a corporation, unincorporated association, or charitable or civic organization; or
(3) A fiduciary or trust account in which the relationship is established other than by the terms of the account.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 202 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter II - Multiple-Person Accounts › Part A - Definitions and General Provisions › § 19–602.03. Types of account; existing accounts

§ 19–602.03. Types of account; existing accounts.
(a) An account may be for a single party or multiple parties. A multiple-party account may be with or without a right of survivorship between the parties. Subject to section § 19-602.12(c), either a single-party account or a multiple-party account may have a POD designation, an agency designation, or both.
(b) An account established before, on, or after the effective date of this chapter [April 27, 2001], whether in the form prescribed in section 19-602.04 or in any other form, is either a single-party account or a multiple-party account, with or without right of survivorship, and with or without a POD designation or an agency designation, within the meaning of this subchapter, and is governed by this subchapter.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 203 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter II - Multiple-Person Accounts › Part A - Definitions and General Provisions › § 19–602.04. Forms

§ 19–602.04. Forms.
(a) A contract of deposit that contains provisions in substantially the following form establishes the type of account provided, and the account is governed by the provisions of this subchapter applicable to an account of that type:
“UNIFORM SINGLE-OR MULTIPLE-PARTY ACCOUNT FORM
“PARTIES [Name one or more parties]: ________________
“OWNERSHIP [Select one and initial]:
“________ SINGLE-PARTY ACCOUNT
“________ MULTIPLE-PARTY ACCOUNT
“Parties own account in proportion to net contributions unless there is clear and convincing evidence of a different intent.
“RIGHTS AT DEATH [Select one and initial]:
“________ SINGLE-PARTY ACCOUNT
“At death of party, ownership passes as part of party’s estate.
“________ SINGLE-PARTY ACCOUNT WITH POD (PAY ON DEATH) DESIGNATION
“[Name one or more beneficiaries]:
“At death of party, ownership passes to POD beneficiaries and is not part of party’s estate.
“________ MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP
“At death of party, ownership passes to surviving parties.
“________ MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD (PAY ON DEATH) DESIGNATION
“[Name one or more beneficiaries]: ________________
“At death of last surviving party, ownership passes to POD beneficiaries and is not part of last surviving party’s estate.
“________ MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP
“At death of party, deceased party’s ownership passes as part of deceased party’s estate. AGENCY (POWER OF ATTORNEY) DESIGNATION [Optional]
“Agents may make account transactions for parties but have no ownership or rights at death unless named as POD beneficiaries.
“[To add agency designation to account, name one or more agents]:
“________________
“[Select one and initial]:
“________ AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES
“________ AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES”
(b) A contract of deposit that does not contain provisions in substantially the form provided in subsection (a) of this section is governed by the provisions of this subchapter applicable to the type of account that most nearly conforms to the depositor’s intent.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Section References
This section is referenced in § 19-602.03.
Editor's Notes
Uniform Law: This section is based upon § 204 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter II - Multiple-Person Accounts › Part A - Definitions and General Provisions › § 19–602.05. Designation of agent

§ 19–602.05. Designation of agent.
(a) By a writing signed by all parties, the parties may designate as agent of all parties on an account a person other than a party.
(b) Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent’s authority survives disability and incapacity. The agent may act for an incapacitated party or a party with a disability until the authority of the agent is terminated.
(c) Death of the sole party or last surviving party terminates the authority of an agent.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087; Apr. 24, 2007, D.C. Law 16-305, § 33(a), 53 DCR 6198.)
Effect of Amendments
D.C. Law 16-305, in subsec. (b), substituted “an incapacitated party or a party with a disability” for “a disabled or incapacitated party”.
Editor's Notes
Uniform Law: This section is based upon § 205 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter II - Multiple-Person Accounts › Part A - Definitions and General Provisions › § 19–602.06. Applicability of subchapter

§ 19–602.06. Applicability of subchapter.
The provisions of part B concerning beneficial ownership as between parties or as between parties and beneficiaries apply only to controversies between those persons and their creditors and other successors, and do not apply to the right of those persons to payment as determined by the terms of the account. Part C governs the liability and set-off rights of financial institutions that make payments pursuant to it.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 206 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter II - Multiple-Person Accounts › Part B - Ownership as Between Parties and Others › § 19–602.11. Ownership during lifetime

§ 19–602.11. Ownership during lifetime.
(a) For the purposes of this section, the term “net contribution” of a party means the sum of all deposits to an account made by or for the party, less all payments from the account made to or for the party which have not been paid to or applied to the use of another party and a proportionate share of any charges deducted from the account, plus a proportionate share of any interest or dividends earned, whether or not included in the current balance. The term “net contribution” includes deposit life insurance proceeds added to the account by reason of death of the party whose net contribution is in question.
(b) During the lifetime of all parties, an account belongs to the parties in proportion to the net contribution of each to the sums on deposit, unless there is clear and convincing evidence of a different intent. As between parties either married to or domestic partners of each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount.
(c) A beneficiary in an account having a POD designation has no right to sums on deposit during the lifetime of any party.
(d) An agent in an account with an agency designation has no beneficial right to sums on deposit.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087; Apr. 4, 2006, D.C. Law 16-79, § 5(q), 53 DCR 1035.)
Section References
This section is referenced in § 19-602.12 and § 19-602.27.
Effect of Amendments
D.C. Law 16-79, in subsec. (b), substituted “As between parties either married to or domestic partners of each other,” for “As between parties married to each other,”.
Editor's Notes
Uniform Law: This section is based upon § 211 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter II - Multiple-Person Accounts › Part B - Ownership as Between Parties and Others › § 19–602.13. Alteration of rights

§ 19–602.13. Alteration of rights.
(a) Rights at death under section 19-602.12 are determined by the type of account at the death of a party. The type of account may be altered by written notice given by a party to the financial institution to change the type of account or to stop or vary payment under the terms of the account. The notice must be signed by a party and received by the financial institution during the party’s lifetime.
(b) A right of survivorship arising from the express terms of the account, section 19-602.12, or a POD designation, may not be altered by will.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 213 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter II - Multiple-Person Accounts › Part B - Ownership as Between Parties and Others › § 19–602.14. Accounts and transfers nontestamentary

§ 19–602.14. Accounts and transfers nontestamentary.
A transfer resulting from the application of section 19-602.12 is effective by reason of the terms of the account involved and this subchapter and is not testamentary or subject to estate administration.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 214 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter II - Multiple-Person Accounts › Part B - Ownership as Between Parties and Others › § 19–602.15. Community property and tenancy by the entireties

§ 19–602.15. Community property and tenancy by the entireties.
(a) A deposit of community property in an account does not alter the community character of the property or community rights in the property, but a right of survivorship between parties married to or domestic partners of each other arising from the express terms of the account or section 19-602.12 may not be altered by will.
(b) This subchapter does not affect the law governing tenancy by the entireties.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087; Apr. 4, 2006, D.C. Law 16-79, § 5(s), 53 DCR 1035.)
Effect of Amendments
D.C. Law 16-79, in subsec. (a), substituted “married to or domestic partners of each other” for “married to each other”.
Editor's Notes
Uniform Law: This section is based upon § 216 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter II - Multiple-Person Accounts › Part C - Protection Of Financial Institutions › § 19–602.21. Authority of financial institution

§ 19–602.21. Authority of financial institution.
A financial institution may enter into a contract of deposit for a multiple-party account to the same extent it may enter into a contract of deposit for a single-party account, and may provide for a POD designation and an agency designation in either a single-party account or a multiple-party account. A financial institution need not inquire as to the source of a deposit to an account or as to the proposed application of a payment from an account.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Section References
This section is referenced in § 26-801.
Editor's Notes
Uniform Law: This section is based upon § 221 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter II - Multiple-Person Accounts › Part C - Protection Of Financial Institutions › § 19–602.22. Payment on multiple-party account

§ 19–602.22. Payment on multiple-party account.
A financial institution, on request, may pay sums on deposit in a multiple-party account to:
(1) One or more of the parties, whether or not another party has a disability, is incapacitated, or deceased when payment is requested and whether or not the party making the request survives another party; or
(2) The personal representative, if any, or, if there is none, the heirs or devisees of a deceased party, if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account, either as a party or beneficiary, unless the account is without right of survivorship under section 19-602.12.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087; Apr. 24, 2007, D.C. Law 16-305, § 33(b), 53 DCR 6198.)
Effect of Amendments
D.C. Law 16-305, in par. (1), substituted “has a disability” for “is disabled”.
Editor's Notes
Uniform Law: This section is based upon § 222 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter II - Multiple-Person Accounts › Part C - Protection Of Financial Institutions › § 19–602.23. Payment on POD designation

§ 19–602.23. Payment on POD designation.
A financial institution, on request, may pay sums on deposit in an account with a POD designation to:
(1) One or more of the parties, whether or not another party has a disability, is incapacitated, or deceased when the payment is requested and whether or not a party survives another party;
(2) The beneficiary or beneficiaries, if proof of death is presented to the financial institution showing that the beneficiary or beneficiaries survived all persons named as parties; or
(3) The personal representative, if any, or, if there is none, the heirs or devisees of a deceased party, if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account, either as a party or beneficiary.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087; Apr. 24, 2007, D.C. Law 16-305, § 33(c), 53 DCR 6198.)
Effect of Amendments
D.C. Law 16-305, in par. (1), substituted “has a disability” for “is disabled”.
Editor's Notes
Uniform Law: This section is based upon § 223 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter II - Multiple-Person Accounts › Part C - Protection Of Financial Institutions › § 19–602.24. Payment to designated agent

§ 19–602.24. Payment to designated agent.
A financial institution, on request of an agent under an agency designation for an account, may pay to the agent sums on deposit in the account, whether or not a party has a disability, is incapacitated, or deceased when the request is made or received, and whether or not the authority of the agent terminates on the disability or incapacity of a party.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087; Apr. 24, 2007, D.C. Law 16-305, § 33(d), 53 DCR 6198.)
Effect of Amendments
D.C. Law 16-305 substituted “has a disability, is” for “is disabled”.
Editor's Notes
Uniform Law: This section is based upon § 224 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter II - Multiple-Person Accounts › Part C - Protection Of Financial Institutions › § 19–602.25. Payment to minor

§ 19–602.25. Payment to minor.
If a financial institution is required or permitted to make payment pursuant to this subchapter to a minor designated as a beneficiary, payment may be made pursuant to Chapter 3 of Title 21 of the District of Columbia Code.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 225 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter II - Multiple-Person Accounts › Part C - Protection Of Financial Institutions › § 19–602.26. Discharge

§ 19–602.26. Discharge.
(a) Payment made pursuant to this subchapter in accordance with the terms of the account discharges the financial institution from all claims for amounts so paid, whether or not the payment is consistent with the beneficial ownership of the account as between parties, beneficiaries, or their successors. Payment may be made whether or not a party, beneficiary, or agent has a disability, is incapacitated, or deceased when payment is requested, received, or made.
(b) Protection under this section does not extend to payments made after a financial institution has received written notice from a party, or from the personal representative, surviving spouse, or heir or devisee of a deceased party, to the effect that payments in accordance with the terms of the account, including one having an agency designation, should not be permitted, and the financial institution has had a reasonable opportunity to act on it when the payment is made. Unless the notice is withdrawn by the person giving it, the successor of any deceased party must concur in a request for payment if the financial institution is to be protected under this section. Unless a financial institution has been served with process in an action or proceeding, no other notice or other information shown to have been available to the financial institution affects its right to protection under this section.
(c) A financial institution that receives written notice pursuant to this section or otherwise has reason to believe that a dispute exists as to the rights of the parties may refuse, without liability, to make payments in accordance with the terms of the account.
(d) Protection of a financial institution under this section does not affect the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of sums on deposit in accounts or payments made from accounts.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087; Apr. 24, 2007, D.C. Law 16-305, § 33(e), 53 DCR 6198.)
Effect of Amendments
D.C. Law 16-305, in subsec. (a), substituted “has a disability, is” for “is disabled”.
Editor's Notes
Uniform Law: This section is based upon § 226 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter II - Multiple-Person Accounts › Part C - Protection Of Financial Institutions › § 19–602.27. Set-off

§ 19–602.27. Set-off.
Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party is indebted to a financial institution, the financial institution has a right to set-off against the account. The amount of the account subject to set-off is the proportion to which the party is, or immediately before death was, beneficially entitled under section 19-602.11 or, in the absence of proof of that proportion, an equal share with all parties.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 227 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter III - Uniform TOD Security Registration › § 19–603.01. Definitions

§ 19–603.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
(2) “Register,” including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(3) “Registering entity” means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(4) “Security” means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.
(5) “Security account” means:
(A) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner’s death; or
(B) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner’s death.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 301 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter III - Uniform TOD Security Registration › § 19–603.02. Registration in beneficiary form; sole or joint tenancy ownership

§ 19–603.02. Registration in beneficiary form; sole or joint tenancy ownership.
Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by 2 or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 302 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter III - Uniform TOD Security Registration › § 19–603.03. Registration in beneficiary form; applicable law

§ 19–603.03. Registration in beneficiary form; applicable law.
A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity’s principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner’s address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 303 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter III - Uniform TOD Security Registration › § 19–603.04. Origination of registration in beneficiary form

§ 19–603.04. Origination of registration in beneficiary form.
A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 304 of the Uniform Nonprobate Transfers on Death Act (1991 Act).
2023 District of Columbia Code › Title 19 - Descent, Distribution, and Trusts. [Enacted title] › Chapter 6 - Nonprobate Transfers on Death; Uniform Law › Subchapter III - Uniform TOD Security Registration › § 19–603.05. Form of registration in beneficiary form

§ 19–603.05. Form of registration in beneficiary form.
Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD,” or by the words “pay on death” or the abbreviation “POD,” after the name of the registered owner and before the name of a beneficiary.
(Apr. 27, 2001, D.C. Law 13-292, § 302(b), 48 DCR 2087.)
Editor's Notes
Uniform Law: This section is based upon § 305 of the Uniform Nonprobate Transfers on Death Act (1991 Act).