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 instituted when an interested person or creditor files a petition for a standard 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 standard probate is filed within a reasonable time, the Register, with the approval of the Court, may file a petition for standard probate.
(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.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 20-321.
Legislative History of Laws
For legislative history of D.C. Law 3-72, see Historical and Statutory Notes following § 20-301.
For legislative history of D.C. Law 10-241, see Historical and Statutory Notes following § 20-304.
Miscellaneous Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-304.
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 respect; or
(b) in accordance with the provisions of section 20-331.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 20-322.
Legislative History of Laws
For legislative history of D.C. Law 3-72, see Historical and Statutory Notes following § 20-301.
(a) When given. -- 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 publication the Court may provide by Rule.
(b) Form of notice. -- The notice required by this section shall be in the form prescribed by the Rules.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 20-323.
Legislative History of Laws
For legislative history of D.C. Law 3-72, see Historical and Statutory Notes following § 20-301.
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 or determining that the decedent died intestate. At this time, the Court shall also appoint or reappoint one or more personal representatives, may order that the administration will be supervised as provided in section 20-402, and, if appropriate, revoke, modify, or confirm any action taken at any prior abbreviated probate, small estates or standard probate proceeding.
(3) Affidavits of due execution shall be in substantially the following form:
On this ... day of .......... 19..., .......... personally appeared and, under oath answered the following questions as follows:
1. Were you one of the witnesses who signed the attached written document
which is dated ____________ and is said to be the last will and
testament of __________ of the District of Columbia who is now dead?
(Please initial appropriate box.)
____ Yes ____ No
2. Did __________________ (the testator) sign the attached document while in
your presence?
____ Yes ____ No
3. Did __________________________ (the testator) say the attached document
was to be a part
of his will?
____ Yes ____ No
4. At the time he signed the attached document, did ____________________(the
testator)
seem to you to be of sound mind and aware of what he was doing?
____ Yes ____ No
5. Did _________________ (the testator) ask you to sign the attached
document as a witness?
____ Yes ____ No
6. When you signed the attached document as a witness, were __________ (the
testator)
and all of the other witnesses who signed the document present?
____ Yes ____ No
7. Were you present when each of the other witnesses signed the attached
document?
____ Yes ____ No
8. Did ________________________ (the testator) ask the other people who
signed the attached
document to do so as witnesses?
____ Yes ____ No
9. Was _______________________ (the testator) present when each of the
witnesses signed the
attached document?
____ Yes ____ No
10. What is your date of birth? ____________________
11. Do you know of any will or codicil of ____________________(the testator)
other than the
attached document?
____ Yes ____ No
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(o), 42 DCR 63; Apr. 9, 1997, D.C. Law 11-255, § 19(b), 44 DCR 1271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 20-324.
Legislative History of Laws
For legislative history of D.C. Law 3-72, see Historical and Statutory Notes following § 20-301.
For legislative history of D.C. Law 10-241, see Historical and Statutory Notes following § 20-304.
Law 11-255, the "Second Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became effective April 9, 1997.
Miscellaneous Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-304.
