A formal 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 instituted when an interested person or creditor files a petition for a formal probate proceeding with the Court in accordance with the provisions of section 20-304 ; and the filing of a complaint shall not be required for these purposes. This proceeding is conducted after notice as provided in section 20-323 . If no petition for abbreviated or formal probate is filed within a reasonable time, the Register, with the approval of the Court, may file a petition for formal probate.

History

June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155

Mar. 21, 1995, D.C. Law 10-241, § 3(n), 42 DCR 63

Mar. 21, 2025, D.C. Law 25-302, § 4(h)

Editor's Notes

Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-304.

Prior Codifications

1981 Ed., § 20-321.

Section References

This section is referenced in § 20-101.