Title 20 — Probate and Administration of Decedents’ Estates. [Enacted title]

When used in this title, unless otherwise apparent from the context the term: (a) “Abbreviated probate proceeding” means the type of proceeding defined in section 20-311. (b) “Court” means the Probate Division of the Superior Court of the District of Columbia. (c) “Heir” means a …

(a) When a writing is required by this title to be verified, verification shall be sufficient if the writing is signed by the person required to make the verification and contains the following representation: “I do solemnly declare and affirm under penalty of law that the conten…

Unless personal service or notice by publication is expressly required by this title or by the Rules, the first notice required or permitted to be given to any person under this title shall be sufficient if deposited as registered or certified mail, postage prepaid, return receip…

Unless otherwise expressly provided, whenever this title states that a fact shall be presumed, the presumption is rebuttable.

Except as provided in section 20-357, all property of a decedent shall be subject to this title and, upon the decedent’s death, shall pass directly to the personal representative, who shall hold the legal title for administration and distribution of the estate.

Except as provided in sections 20-343 and 20-703 , there shall be no preference or priority between real and personal property.

(a) An interested person, the beneficiary of a trust, or the Register may, at any time, petition the Court for an order, following notice to interested persons and with or without a hearing, to resolve a question or controversy arising in the course of a supervised or unsupervise…

If it appears to the Court that there is an apparent conflict between an interested person under a legal disability and a person described in section 20-101(d)(2)(A) , the Court may, in its discretion, appoint a guardian ad litem for the person with a legal disability.

(a) Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid or circumvent the provisions or purposes of this title, any person injured thereby may obtain appropriate relief against the perpetrat…

This title shall apply only to an estate of a decedent who died on or after January 1, 1981. Title 20 of the D.C. Official Code enacted by virtue of An Act To enact Part III of the District of Columbia Code, entitled “Decedents’ Estates and Fiduciary Relations”, codifying the gen…

This chapter applies to the opening of an estate which begins with the filing of a petition for probate by an interested person as provided in section 20-304 and results in the probate of a will or the determination of a decedent’s intestacy and the appointment of a personal repr…

(a) A will is ineffective to transfer property or to nominate a personal representative unless it is admitted to probate or recorded as provided in section 20-341 (b). (b) Except for foreign personal representatives, no person shall exercise the powers or assume the duties of a p…

(1) The Court shall, except as provided in subsections (b) and (d), appoint personal representatives, successor personal representatives, and special administrators according to the following order of priority, with all persons in any one of the following paragraphs considered as…

The petition for probate shall contain all knowledge or information of the petitioner with respect to: (1) the name, domicile, and place and date of death of the decedent; (2) the petitioner’s name, address, age, citizenship, relationship to the decedent, interest in the estate, …

Except as provided in section 20-353(b) , any person may file a verified complaint to contest the validity of a will within 6 months following notice by publication of the appointment or reappointment of a personal representative under section 20-704 . The person filing the compl…

(a) An abbreviated probate proceeding is a proceeding for the probate of a will or a determination of a decedent’s intestacy and for the appointment of a personal representative. This proceeding is instituted when an interested person files a petition for an abbreviated probate p…

Upon a request for abbreviated probate filed in accordance with section 20-304, the Court shall appoint one or more personal representatives, except as provided in section 20-322. The appointment of a personal representative shall constitute an Order for unsupervised administrati…

A standard probate proceeding is a proceeding for the probate of a will or a determination of the decedent’s intestacy, particularly when due execution of a will cannot be presumed under section 20-312 , and for the appointment of a personal representative. This proceeding is ins…

A proceeding for standard probate shall be instituted: (a) if, at any time before abbreviated probate, (1) an interested person or creditor makes a request; or (2) it appears to the Court that the petition for abbreviated probate is materially incomplete or incorrect in any respe…

A person filing a petition for standard probate shall promptly give notice to all known interested persons. In addition, the petitioner shall publish a notice once a week for 2 successive weeks in a newspaper of general circulation in the District of Columbia and in any other pub…

In a standard probate proceeding: (1) Proof of due execution shall be made by affidavit of the witnesses as provided in paragraph (3) of this section unless the Court orders otherwise. (2) After proof of due execution, the Court shall enter an order admitting the will to probate …

(a) An abbreviated probate proceeding shall be set aside if, within 6 months after notice of the appointment of the personal representative pursuant to section 20-704, an interested person makes a request for a standard probate proceeding. (b) A standard probate proceeding may be…

(a) A foreign personal representative of a nondomiciliary shall not be required to obtain letters in the District of Columbia for any purpose. (b) A foreign personal representative administering an estate which has property located in the District of Columbia shall file with the …

A foreign personal representative may exercise all the powers of such office and may sue and be sued in the District of Columbia, subject to any statute or rule relating to nonresidents.

A foreign personal representative of a decedent who owned any property located in the District of Columbia shall publish once a week for 3 successive weeks a notice in a newspaper of general circulation in the District of Columbia and any other publication as the Court may provid…

In the event a foreign personal representative fails to transfer the title to real or leasehold property located in the District of Columbia to the person or persons legally entitled to such property, within a reasonable time, the Court may direct the transfer of title to such pe…

If the property of a decedent subject to administration in the District of Columbia has a value of $40,000 or less, the property may be administered as a small estate in accordance with the provisions of this subchapter.

Any person eligible for appointment as the personal representative of an estate pursuant to section 20-303 may file a verified petition for administration of a small estate. Such petition shall contain, in addition to the information required by section 20-304 : (a) A statement t…

If the Court finds that the petition and any additional information filed under this subchapter is accurate, it shall: (1) appoint a personal representative of the small estate; (2) direct the immediate payment of the allowable funeral expenses as provided in section 20-906 and t…

No person appointed as a personal representative in accordance with section 20-353 shall be required to be represented by an attorney or to give bond or be entitled to receive any commission for the performance of duties as personal representative. If notice is required and 30 da…

The personal representative shall report to the Court immediately, by verified supplemental petition, any property of the decedent discovered after the filing of the petition. If the after-discovered property increases the value of all property of the decedent to an amount greate…

Except to the extent inconsistent with this subchapter, all the other provisions of this title shall apply to small estates.

If the only property of a decedent is not more than 2 motor vehicles, the Mayor may transfer title to the motor vehicles in accordance with section 50-1501.02(d) . If title is transferred under this section, administration of the estate of the decedent is not necessary.

(a) Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent’s estate under the continuing authority of the Court which extends until entry of an order approving distribution of the estate and discharging the personal …

(a) A prayer for supervised administration may be made in the petition for probate. The Court shall order supervised administration of a decedent’s estate only: (1) If the decedent’s will directs supervised administration; (2) If the decedent’s will directs unsupervised administr…

(a) The filing of signed waivers by all interested persons in accordance with section 20-731 shall be treated for all purposes as a change to unsupervised administration, but the filing of a subsequent demand for the filing of inventories and accounts by any such interested perso…

Unless restricted by the Court for good cause shown, a supervised personal representative has, without any interim order approving exercise of a power, all powers of personal representatives under this title. Any restriction on the power of a personal representative ordered by th…

Unless otherwise ordered by the Court, supervised administration is terminated by order in accordance with the provisions of section 20-1301 . Interim orders granting other relief may be issued by the Court at any time during the pendency of a supervised administration on the app…

A personal representative appointed without court supervision having been ordered, and any other personal representative except during any period for which court supervision has been ordered, is not subject to continuing court supervision except as provided in section 20-107 or o…

As a condition to appointment, a personal representative, whether in a supervised or unsupervised administration, shall file (a) a statement of acceptance of the duties of the office, (b) any required bond, and (c) a written consent to personal jurisdiction in any action brought …

Unless excused from giving bond by the decedent’s will or written waiver of all interested persons, each personal representative shall execute a bond to the District of Columbia for the benefit of interested persons and creditors with a surety or sureties approved by the Court. W…

After appointment, letters shall be issued to the personal representative by the Register. Letters shall contain: (a) the name and address of the Court; (b) the name of the decedent and the personal representative; (c) the date of appointment of the personal representative; (d) t…

Letters of administration shall be in substantially the following form: LETTERS OF ADMINISTRATION To all persons who may be interested in the estate of _______________, deceased: Administration of the estate of the deceased has been granted on _________ to _________ (and the will…

The duties and powers of a personal representative commence upon the issuance of the letters. Good faith acts beneficial to the estate which in fact were committed by the personal representative prior to issuance of letters shall have the same effect as acts occurring after the i…

A successor personal representative shall have the same powers and duties as the original personal representative including the powers granted in the will but excluding any power that the will expressly made personal to the personal representative named in the will.

(a) When two or more persons are appointed copersonal representatives, the concurrence of all is required on all acts connected with the administration and distribution of the estate; except, for: (1) giving receipts for or receiving property due the estate; (2) in emergency situ…

Unless the will otherwise provides: (a) when the appointment of a copersonal representative is terminated, the remaining copersonal representative or representatives may exercise all powers previously exercised by the copersonal representatives; and (b) when one of two or more pe…

(a) On the petition of any interested person, the Court by temporary order and for good cause shown may restrain a supervised personal representative from performing specified acts of administration, disbursement, or distribution, or exercising any powers or discharging any dutie…

The appointment of a personal representative shall be terminated in accordance with Chapter 13 of this title (Closing the Estate) or by the personal representative’s death, disability, resignation, or removal as provided in sections 20-524 through 20-527 .

Termination ends the rights and powers of the personal representative as conferred by will or by this title. Except as provided in section 20-524, a personal representative whose appointment has been terminated shall: (1) unless otherwise ordered by the Court, perform acts necess…