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Current through October 23, 2012
(a) The Register of Wills may --
(1) receive inventories and accounts of sales, examine vouchers, and state accounts of executors, administrators, collectors, and guardians, subject to final approval of the court;
(2) take the probate of claims against the estates of deceased persons that are properly brought before the Register of Wills, and approve or reject claims not exceeding $300;
(3) take the probate of wills and accept the bonds of executors, administrators, collectors, and guardians, subject to approval of the court; and
(4) audit and state fiduciary accounts.
(b) In matters over which the Superior Court has probate jurisdiction or powers, the Register of Wills shall--
(1) make full and fair entries, in separate records, of the proceedings of the court;
(2) record in electronic or other format all wills proved before the Register of Wills or the court and other matters required by law to be recorded in the court;
(3) lodge in places of safety designated by the court original papers filed with the Register of Wills;
(4) make out and issue every summons, process, and order of the court;
(5) prepare and submit to the Executive Officer of the District of Columbia courts such reports as may be required; and
(6) in every respect, act under the control and direction of the court.
(c) The Register of Wills may not --
(1) practice law in any court of the District of Columbia or of the United States; or
(2) demand or receive any fee, gratuity, gift, or reward for giving advice in any matter relating to the office.
(July 29, 1970, 84 Stat. 516, Pub. L. 91-358, title I, § 111; Oct. 28, 1986, 100 Stat. 3228, Pub. L. 99-573, § 5(b); June 13, 1994, Pub. L. 103-266, §§ 1(b)(98)-(102), 108 Stat. 713; Oct. 16, 2006, 120 Stat. 2024, Pub. L. 109-356, § 111(a), (b)(1).)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
Pub. L. 109-356, in the section heading, deleted "penalties" ; and rewrote subsec. (b) and repealed subsecs. (d) and (e), which read as follows:
"(b) In matters over which the Superior Court has probate jurisdiction or powers, the Register of Wills shall --
"(1) make full and fair entries, in separate records, of the proceedings of the court;
"(2) make fair record in strong bound books of all wills proved before the Register of Wills or the court, keeping separate books for wills within the jurisdiction of the court;
"(3) make fair and separate record of other matters required by law to be recorded in the court;
"(4) lodge in places of safety, designated by the court, original papers filed with him [the Register of Wills];
"(5) make out and issue every summons, process, and order of the court;
"(6) make fair and uniform tables of the Register's fees, and post them in a conspicuous place in the Register's office for the inspection of persons having business therein;
"(7) prepare and submit to the Executive Officer of the District of Columbia courts such reports as may be required; and
"(8) in every respect, act under the control and direction of the court."
"(d) The Register of Wills shall forfeit to the court the sum of $50 for each day that the tables referred to in subsection (b)(6) are missing through the Register's neglect, which may be recovered as other debts for the same amount are recoverable.
"(e) If the Register of Wills or a person acting for the Register of Wills takes a greater fee than the fee provided for by law, the Register of Wills shall pay the party injured $100, which may be recovered as other debts for the same amount are recoverable."
Prior Codifications
1981 Ed., § 11-2104.
1973 Ed., § 11-2104.
