Title 16 — Particular Actions, Proceedings and Matters. [Enacted title]
40 chapters · 682 sections in this title.
D.C. Code § 16-3101 Definition
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As used in this chapter, the term “Probate Court” means the Superior Court of the District of Columbia.
D.C. Code § 16-3102 Settlement of accounts as prima facie evidence only
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Except as provided by section 16-3111 , in actions: (1) for an accounting, by legatees or next to kin against personal representatives, or wards against their guardians; or (2) to subject the real estate of decedents to the payment of their debts, by creditors against personal re…
D.C. Code § 16-3103 Summons; failure to appear or give evidence
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A summons issued by the Probate Court to a person concerned in the affairs of a deceased person, or to a witness or other person whose appearance in the court is deemed necessary or proper, is returnable at the discretion of the court. When it is necessary or proper on the return…
D.C. Code § 16-3104 Sequestration where person fails to appear
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(a) If two summonses issued to a person by the Probate Court are regularly returned non est by the United States marshal and it is necessary to proceed further to compel the person’s attendance, the court may order and issue an attachment against his real and personal property. O…
D.C. Code § 16-3105 Plenary proceeding; refusal to answer as required
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When either of the parties having a contest in the Probate Court requires, the court may direct a plenary proceeding, by bill or petition, to which there shall be an answer, on oath or affirmation. If the party, refuses to answer on oath or affirmation, as the case may require, t…
D.C. Code § 16-3106 Issues to be made up in plenary proceeding; jury; compelling payment of costs
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In a plenary proceeding provided for by section 16-3105 , the Probate Court shall give judgment, or decree upon the bill an answer, or upon bill, answer, depositions, or finding of the jury. In all cases of contest, the court may award costs to the party deemed entitled thereto, …
D.C. Code § 16-3107 Enforcement of judgments, orders and decrees; application of property sequestrated
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The Probate Court may enforce its judgments, orders, decrees, and decisions in the manner provided by sections 16-3103 and 16-3104 . When a judgment, order, decree, or decision is for the payment of money, the court may apply the property sequestrated to the purpose for which the…
D.C. Code § 16-3108 Ordering investment of funds; revocation of letters for noncompliance
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The Probate Court may order a personal representative, special administrator, or guardian, whom it has appointed, to bring into court or invest in securities, to be approved by the court, any funds received by the personal representative, special administrator, or guardian. If th…
D.C. Code § 16-3109 Compelling performance of duties by personal representatives, special administrators, etc.; revocation of letters
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The Probate Court may order a personal representative, special administrator, guardian, or testamentary trustee, who appears to be in default in respect to the rendering of an inventory or account or the fulfillment of a duty in the court, to be summoned to appear therein and ful…
D.C. Code § 16-3110 Order admitting will to probate as conclusive evidence
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With respect to the trial of issues in the Probate Court, including the taking and use of testimony of non-resident witnesses, the Federal Rules of Civil Procedure, unless otherwise provided by law, are applicable thereto. A final order or decree admitting a will to probate, unle…
D.C. Code § 16-3111 Arbitration; exceptions
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The Probate Court may, with the consent in writing of both parties, arbitrate between a complainant and a personal representative, or between a personal representative and a person against whom the estate represented by him has a claim, or, with like consent, may refer the matter…
D.C. Code § 16-3112 Costs and execution
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The Probate Court may render judgment for costs against the unsuccessful party in any proceeding conducted in the court, and issue execution thereof.