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AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend, on an emergency basis, Chapter 3 of Title 20 of the District of Columbia Official
Code to amend the definition of abbreviated probate, to authorize the Register of Wills to
refer proceedings to the Court to determine if one or more personal representatives
should be appointed and the will be admitted to probate, to strike the reference to will
admission in transfers by affidavit, and to allow for notice of request for formal probate,
notice from a foreign personal representative of a decedent who owned any property
located in the District of Columbia, and notice of appointment to interested persons,
creditors, and unknown heirs in a legal periodical or newspaper of general circulation in
the District; and to amend the Strengthening Probate Amendment Act of 2024 to clarify
that the act applies to estates for whom the decedent died on or after March 21, 2025.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Strengthening Probate Administration Emergency Amendment Act of
2026”.
Sec. 2. Chapter 3 of Title 20 of the District of Columbia Official Code is amended as
follows:
(a) Section 20-311 is amended to read as follows:
Ҥ 20-311. Nature of proceeding.
“(a) An abbreviated probate proceeding is a proceeding for probate of a will or a
determination of a decedent’s intestacy and for the appointment of a personal representative.
This proceeding is instituted when an interested person files a petition for an abbreviated probate
proceeding with the Court in accordance with the provisions of § 20-304. This proceeding may
be conducted without the prior notice required for formal probate under § 20-323.
“(b) The finality of abbreviated probate shall be governed by § 20-331.”.
(b) Section 20-312 is amended to read as follows:
Ҥ 20-312. Action on petition.
“(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
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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.”.
(c) Section 20-323(a) is amended by striking the phrase “legal periodical of general
circulation in the District” and inserting the phrase “legal periodical or newspaper of general
circulation in the District” in its place.
(d) Section 20-343(a) is amended by striking the phrase “legal periodical of general
circulation in the District” and inserting the phrase “legal periodical or newspaper of general
circulation in the District” in its place.
(e) Section 20-361(a)(4) is repealed.
(f) Section 20-704(a) is amended by striking the phrase “legal periodical of general
circulation in the District” and inserting the phrase “legal periodical or newspaper of general
circulation in the District” in its place.
Sec. 3. Section 7 of the Strengthening Probate Administration Amendment Act of 2024,
effective March 21, 2025 (D.C. Law 25-302; 72 DCR 780), is amended by adding a new
subsection (d) to read as follows:
“(d) This act shall apply to estates of decedents who died on or after March 21, 2025.”.
Sec. 4. Applicability.
This act shall apply as of May 14, 2026.
Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
statement required by section 4a of the General Legislative Procedures Act of 1975, approved
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 6. Effective date.
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This act shall take effect following approval by the Mayor (or in the event of veto by the
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
90 days, as provided for emergency acts of the Council of the District of Columbia in section
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
D.C. Official Code § 1-204.12(a)).
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia