*NOTE: This section includes amendments by emergency legislation that will expire on August 27, 2026. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
- (a) General. — Upon a request for abbreviated probate filed in accordance § 20-304, the Court or the Register of Wills shall appoint one or more personal representatives, except as provided in § 20-322. The appointment of a personal representative shall constitute an Order for unsupervised administration, unless the Order specifically provides for supervised administration as provided in § 20-402. In no event, however, shall the appointment of a personal representative be delayed pending the Court's decision with regard to whether the administration will be supervised or unsupervised.
- (b) Wills. — In the case of a petition to admit a will to abbreviated probate, due execution of the will shall be presumed and the Court or the Register of Wills may admit a will to probate either: (1) if the will appears to have been duly executed and contains a recital by attesting witnesses of facts constituting due execution; or (2) upon the verified statement of any person with personal knowledge of the circumstances of execution, whether or not the person was in fact an attesting witness, reciting facts showing due execution of the will.
- (c) Additional Proof. — The Register of Wills may require additional verified proof, which shall be filed in the proceeding. If the Register of Wills requires additional proof, the matter may be referred to the Court to determine if one or more personal representatives shall be appointed and whether the will should be admitted to probate.
History
June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155
Mar. 21, 1995, D.C. Law 10-241, § 3(m), 42 DCR 63
May 29, 2026, D.C. Act 26-337, § 2(b)
Editor's Notes
Application of 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-304.
Prior Codifications
1981 Ed., § 20-312.
Section References
This section is referenced in § 20-321.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(b) of Strengthening Probate Administration Emergency Amendment Act of 2025 (D.C. Act 26-124, Aug. 1, 2025, 72 DCR 8600).
For temporary (90 days) amendment of this section, see § 2(b) of Strengthening Probate Administration Emergency Amendment Act of 2026 (D.C. Act 26-337, May 29, 2026, 0 DCR 0).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(b) of Strengthening Probate Administration Temporary Amendment Act of 2025 (D.C. Law 26-47, Oct. 1, 2025, 72 DCR 8936).