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_________________________ ________________________ 1
Councilmember Charles Allen Councilmember Brooke Pinto 2
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A BILL 5
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10
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To amend, on an emergency basis , due to congressional review, Chapter 3 of Title 20 of the 15
District of Columbia Official Code to amend the definition of abbreviated probate , to 16
authorize the Register of Wills to refer proceedings to the Court to determine if one or more 17
personal representatives should be appointed and the will be admitted to probate , and to 18
strike the reference to will admission in transfers by affidavit ; and to amend the 19
Strengthening Probate Amendment Act of 2024 to clarify that the act applies to estates for 20
whom the decedent died on or after March 21, 2025. 21
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 23
act may be cited as the “Strengthening Probate Administration Congressional Review Emergency 24
Amendment Act of 2026”. 25
Sec. 2. Chapter 3 of Title 20 of the District of Columbia Official Code is amended as 26
follows: 27
(a) Section 20-311 is amended to read as follows: 28
Ҥ 20-311. Nature of proceeding. 29
“(a) An abbreviated probate proceeding is a proceeding for probate of a will or a 30
determination of a decedent's intestacy and for the appointment of a personal representative. This 31
proceeding is instituted when an interested person files a petition for an abbreviated probate 32
proceeding with the Court in accordance with the provisions of § 20-304. This proceeding may be 33
conducted without the prior notice required for formal probate under § 20-323. 34
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“(b) The finality of abbreviated probate shall be governed by § 20-331.”. 35
(b) Section 20-312 is amended to read as follows: 36
Ҥ 20-312. Action on petition. 37
“(a) General. — Upon a request for abbreviated probate filed in accordance § 20-304, the 38
Court or the Register of Wills shall appoint one or more personal representatives, except as 39
provided in § 20-322. The appointment of a personal representative shall constitute an Order for 40
unsupervised administration, unless the Order specifically provides for supervised administration 41
as provided in § 20-402. In no event, however, shall the appointment of a personal representative 42
be delayed pending the Court's decision with regard to whether the administration will be 43
supervised or unsupervised. 44
“(b) Wills. — In the case of a petition to admit a will to abbreviated probate, due execution 45
of the will shall be presumed and the Court or the Register of Wills may admit a will to probate 46
either: (1) if the will appears to have been duly executed and contains a recital by attesting 47
witnesses of facts constituting due execution; or (2) upon the verified statement of any person with 48
personal knowledge of the circumstances of execution, whether or not the person was in fact an 49
attesting witness, reciting facts showing due execution of the will. 50
“(c) Additional Proof. — The Register of Wills may require additional verified proof, 51
which shall be filed in the proceeding. If the Register of Wills requires additional proof, the matter 52
may be referred to the Court to determine if one or more personal representatives shall be appointed 53
and whether the will should be admitted to probate.”. 54
(c) Section 20 -323(a) is amended by striking the phrase “legal periodical of general 55
circulation in the District” and inserting the phrase “legal periodical or newspaper of general 56
circulation in the District” in its place. 57
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(d) Section 20 -343(a) is amended by striking the phrase “legal periodical of general 58
circulation in the District” and inserting the phrase “legal periodical or newspaper of general 59
circulation in the District” in its place. 60
(e) Section 20-361(a)(4) is repealed. 61
(f) Section 20 -704(a) is amended by striking the phrase “legal periodical of general 62
circulation in the District” and inserting the phrase “legal periodical or newspaper of general 63
circulation in the District” in its place. 64
Sec. 3. Section 7 of the Strengthening Probate Administration Amendment Act of 2024 , 65
effective March 21, 2025 (D.C. Law 25-302; 72 DCR 780), is amended by adding a new subsection 66
(d) to read as follows: 67
“(d) This act shall apply to estates of decedents who died on or after March 21, 2025.”. 68
Sec. 4. Fiscal impact statement. 69
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 70
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 71
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 72
Sec. 5. Effective date. 73
This act shall take effect following approval by the Mayor (or in the event of veto by the 74
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 75
90 days, as provided for emergency acts of the Council of the District of Columbia in section 76
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 77
D.C. Official Code § 1-204.12(a)). 78