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Current through October 23, 2012
(a) The Superior Court shall appoint and remove the Register of Wills. The Register of Wills shall --
(1) take an oath for the faithful and impartial discharge of the duties of the office; and
(2) seasonably record (A) the decrees and orders of the court in any matters over which the court exercises probate jurisdiction or powers, (B) all wills proved before the Register of Wills or the court, and (C) all other matters directed to be recorded in the court or in the office.
(b) A person may not be appointed the Register of Wills for the District of Columbia unless that person --
(1) is a citizen of the United States;
(2) has been a member of the bar of the District of Columbia for a period of at least five of the ten years immediately before appointment; and
(3) has been actively engaged in the practice of probate law in the District of Columbia or otherwise has broad experience in, or knowledge on the subject of, the administration of the estates of deceased persons in the District of Columbia.
(c) The compensation of the Register of Wills shall be fixed by the Superior Court without regard to chapter 51 and subchapter III of chapter 53 of title 5 of the United States Code but at a rate not to exceed the maximum rate prescribed for GS-16 of the General Schedule.
(July 29, 1970, 84 Stat. 516, Pub. L. 91-358, title I, § 111; June 13, 1994, Pub. L. 103-266, §§ 1(b)(96), (97), 108 Stat. 713; Oct. 18, 2004, 118 Stat. 1345, Pub. L. 108-335, § 329; Oct. 16, 2006, 120 Stat. 2027, Pub. L. 109-356, § 116(a).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 11-2102.
1973 Ed., § 11-2102.
Effect of Amendments
Pub. L. 108-335 repealed subsec. (a)(2) which had read as follows:
"(2) give bond, with two or more sureties, to be approved by the chief judge of the Superior Court, in the amount designated by the court, faithfully to discharge the duties of the office, and seasonably to record (A) the decrees and orders of the court in any matters over which the court exercises probate jurisdiction or powers, (B) all wills proved before the Register of Wills or the court, and (C) all other matters directed to be recorded in the court or in the office."
Pub. L. 109-356 made a technical correction to Pub. L. 108-335 that deleted "bond ;" from the section heading, substituted "seasonably record" for "give bond, with two or more sureties, to be approved by the chief judge of the Superior Court, in the amount designated by the court, faithfully to discharge the duties of the office, and seasonably to record" in subsec. (a)(2), and deleted the third sentence of subsec. (a) which read as follows: "The bond shall be entered in full upon the minutes of the Superior Court and the original filed with the records of the Superior Court."
Effective Dates
Section 116(c) of Pub. L. 109-356 provides that the amendments made by this section shall take effect as if included in the enactment of the District of Columbia Appropriations Act, 2005 [Pub. L. 108-335].
References in Text
The General Schedule, referred to at the end of subsection (c) of this section, appears in 5 U.S.C. § 5332.
