October 10, 2023
Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue, NW
Washington, DC 20004
Dear Secretary Smith:
Today, along with Councilmembers Brooke Pinto, Brianne K. Nadeau, Matthew Frumin, Janeese
Lewis George, Zachary Parker, Trayon White, Sr., Anita Bonds, Christina Henderson, Robert C.
White, Jr., I am introducing the “Strengthening Probate Administration Amendment Act of
2023.” Please find enclosed a signed copy of the legislation.
On top of the emotional toll that the death of a loved one can take, the complex financial and
administrative issues with administering a loved one’s assets after their death can also cause
unneeded stress and anxiety for surviving family members. While certain assets may transfer
easily, surviving family members may need to rely on probate, which is the court-involved process
of collecting, distributing, and administering a deceased person’s assets. The level of court
involvement in the probate process depends on various factors, such as whether a loved one
executed a valid will, a surviving family member seeks to have certain assets protected from
creditors, and the amount of total assets left behind.
Probate is known to be a complicated area of practice, both in substance and procedure, and
coupled with the fact that District residents are self-represented in 35% of large estate cases and
97% of small estate cases, the process can easily become overwhelming and nearly impossible to
manage. Currently, there are more than 35 legal services providers in the District that rely on the
assistance of pro bono lawyers to help District residents draft wills; however, there is only one
that provides probate estate administration services.
In February 2022, the Council for Court Excellence and the District of Columbia Access to Justice
Commission released their Strengthening Probate Administration in the District of Columbia
report, which, taking into account the high number of self-represented litigants in the D.C. courts,
recommended legislative and procedural changes to make probate a more accessible and
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efficient process for all stakeholders. The bill incorporates recommendations from the report and
proposes the following changes:
• Streamlines the appointment of representatives for deceased people’s estates
Experienced court staff receive petitions for probate, then send these petitions, along with their
recommendations, to a judge. This can needlessly delay the start of the probate process because
no one can act on behalf of the deceased person until a personal representative for the estate
has been appointed. The bill would remove a step from the process for many estates by allowing
experienced court staff, who already evaluate every petition, to appoint a personal
representative or send the petition to a judge for further review. This change will allow the
process to begin much sooner.
• Reduces the publication requirement for Notice of Probate
Current law requires that an estate publish a “notice of probate” for three weeks and in two
different publications. This is longer than other states, and the cost is higher in the District than
in neighboring jurisdictions. These costs can be a burden for people with lower and middle
incomes. The bill would reduce the publication requirement to two weeks in only one publication,
which will save time and money.
• Creates an Electronic Will Registry
A missing will can delay or even prevent probate, burden families, and prevent a loved one’s
wishes from being carried out. Paper wills can be lost, damaged, or mistakenly destroyed. Not
everyone has a lawyer to store their will. Also, many lawyers will not keep wills for their clients
because of the open-ended responsibility that creates. The bill would create an electronic will
registry that would provide safe storage for anyone who wants to file a will and make it easier to
find wills when needed. The costs of creating and maintaining an electronic will registry should
be minimal, and this provision compliments the recent passage of the Uniform Electronic Wills
Amendment Act of 2022.
• Expands the number of estates that qualify as “small estates”
Small estates are subject to a much less complicated process than those with many assets.
Current law defines “small estates” as those with no real property and worth less than $40,000.
Adjusted for inflation, $40,000 is $68,690 in 2021. Too many estates are going through a process
that is longer and more complicated than needed. The bill would change the definition of a small
estate to one that is worth up to $80,000. This will make the probate process for many estates
faster, easier, and less expensive.
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 • Increases the allowable reimbursement rates for funeral expenses
Current law allows for reimbursement of funeral expenses up to $1,500. This figure was
established in 1980 and has not kept pace with inflation. Neighboring jurisdictions Virginia and
Maryland allow for reimbursement of funeral expenses up to $4,000 and $15,000, respectively.
The bill will increase the reimbursement rate for funeral expenses to up to $10,000.
• Allows transfer by affidavit for small estates
Transferring property can be a longer and more complex process without transfer by affidavit. A
new transfer by affidavit process will allow legal transfer of some property without having to go
to court.
• Increases the Homestead, Family, and Exempt Property Allowance
Current law places some family assets beyond the reach of creditors. However, the amounts of
those allowances are too low to provide the protection intended because they have not kept
pace with inflation. The bill would increase these three allowances to align with inflation, the
Uniform Probate Code, and other jurisdictions, and would provide more appropriate support to
grieving families.
• Replaces the term “standard probate” with “formal probate”
The name “standard” confuses attorneys and non-attorneys. The requirements for this type of
probate only apply in certain circumstances, so the term “formal probate” is more accurate.
This legislation has the support of the Council for Court Excellence, D.C. Access to Justice
Commission, Legal Counsel for the Elderly, and D.C. Affordable Law Firm.
Please feel free to reach out to me or my Legislative Director, Antonio Nunes, with any questions
or for additional information.
Sincerely,
Charles Allen, Ward 6 Councilmember
Chairperson, Committee on Transportation & the Environment
Vice Chair, Metropolitan Washington Council of Governments
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 1 ________________________________ ________________________________
2 Councilmember Brooke Pinto Councilmember Charles Allen
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5 ________________________________ ________________________________
6 Councilmember Brianne K. Nadeau Councilmember Matthew Frumin
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9 ________________________________ ________________________________
10 Councilmember Janeese Lewis George Councilmember Zachary Parker
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13 ________________________________ ________________________________
14 Councilmember Trayon White, Sr. Councilmember Anita Bonds
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17 ________________________________ ________________________________
18 Councilmember Christina Henderson Councilmember Robert C. White, Jr.
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23 A BILL
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25 ________
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28 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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31 ___________
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33 To amend Title 18 of the District of Columbia Official Code to allow for the creation of an
34 electronic will registry with the court during the lifetime of the testator and to specify
35 procedures for depositing and opening of wills; to amend Title 19 of the District of
36 Columbia Official Code to raise the exempt property allowance to $20,000, to eliminate
37 the exempt property allowance for disinherited adult children, and to raise the Homestead
38 allowance for survivors to $30,000; to amend Title 20 of the District of Columbia Official
39 Code to expand the definition of a small estate to include estates valued up to $80,000, to
40 replace the term “standard probate” with “formal probate,” to allow for a hybrid process
41 for issuing letters of appointment, to reduce the publication requirement for Notice of
42 Probate from 3 consecutive weeks to 2, to raise the family allowance to $30,000, to permit
43 transfer by affidavit for small estates, and to increase allowable reimbursement rates for
44 funeral expenses; and to amend Title 47 of the District of Columbia Official Code to
45 increase the Homestead allowance to $30,000 for decedents.
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47 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
48 act may be cited as the “Strengthening Probate Administration Amendment Act of 2023”.
49 Sec. 2. Title 18 of the District of Columbia Official Code is amended as follows:
50 (a) The table of contents is amended by adding a new Chapter 10 to read as follows:
51 “Chapter 10. Register of Wills.
52 Ҥ 18-1001. Electronic register of wills.
53 (b) A new Chapter 10 is added to read as follows:
54 Ҥ 18-1001. Electronic register of wills.
55 “(a) An electronic will that meets the requirements of the Uniform Electronic Wills Act
56 (D.C. Official Code § 18-901 et seq.) may be deposited by a testator, or by the testator’s agent,
57 with the Register of Wills to be safely kept until delivered or disposed of as hereinafter provided.
58 “(b)(1) The will shall be deposited electronically and in a manner which would track any
59 viewing or modification after deposit of the will.
60 “(2) The will is not to be delivered or opened except as provided in this section.
61 “(3) Upon payment of the required fee, the Register of Wills shall give a receipt to
62 the testator or testator’s agent.
63 “(c) The Register of Wills shall retain a permanent copy of an electronic will and a copy
64 of any other document associated with the will, in paper, photographic, magnetic, mechanical,
65 electronic, digital, or any other medium if the copy is maintained in a manner that:
66 “(1) Is clear and legible;
67 “(2) Accurately reproduces the original document in its entirety, including any
68 attachments to the document;
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69 “(3) Is capable of producing a clear and legible hard copy of the original
70 document; and
71 “(4) Preserves evidence of any signature contained on the document.
72 “(d) During the lifetime of the testator, a deposited will may be delivered only to the
73 testator, or to a person authorized by the testator in writing to receive it.
74 “(e)(1) The will shall be opened by the Register of Wills after being informed of the
75 death of the testator.
76 “(2) The Register of Wills shall notify the personal representative named in the
77 will that the will is on deposit with the Register of Wills.
78 “(3) The will shall be retained by the Register of Wills as a deposited will until
79 offered for probate.
80 “(4) If the proper venue for the probate of the will is in another court, the will
81 shall be transmitted to such Court; provided, that before such transmission a true copy thereof
82 shall be made and retained in the Court in which the will was deposited.
83 “(f) The Register of Wills shall develop procedures for a testator or testator’s agent to
84 withdraw and/or replace a registered will during the lifetime of the testator.”.
85 Sec. 3. Title 19 of the District of Columbia Code is amended as follows:
86 (a) Section 19-101.02 is amended by striking the phrase “$15,000” both times it appears
87 and inserting the phrase “$30,000” in its place.
88 (b) Section 19-101.03 is amended to read as follows:
89 “(a) In addition to the homestead allowance, the decedent’s surviving spouse or surviving
90 domestic partner is entitled from the estate to a value, not exceeding $20,000 in excess of any
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 91 security interests therein, in household furniture, automobiles, furnishings, appliances, and
92 personal effects.
93 “(b)(1) If there is no surviving spouse or surviving domestic partner, the decedent’s
94 surviving children are entitled jointly to the same value.
95 “(2) If a written last will and testament does not bequeath anything to the decedent’s
96 surviving children, or does not express an intention to benefit the decedent’s surviving children,
97 then the exempt property allowance shall be eliminated for the decedent’s surviving children.
98 “(c) If encumbered chattels are selected and the value in excess of security interests, plus
99 that of other exempt property, is less than $20,000, or if there is not $20,000 worth of exempt
100 property in the estate, the spouse, domestic partner, or children are entitled to other assets of the
101 estate, if any, except for real property, to the extent necessary to make up the $20,000 value.
102 “(d) Rights to exempt property have priority over all claims against the estate, except the
103 homestead allowance, the family allowance, and as provided in D.C. Official Code § 20-906.
104 “(e) These rights are in addition to any benefit or share passing to the surviving spouse,
105 surviving domestic partner, or surviving children by the decedent’s will, unless otherwise provided
106 by intestate succession or by way of elective share.”.
107 (c) Section 19-101.05 is amended by striking the phrase “$15,000” and inserting the phrase
108 “$30,000” in its place.
109 Sec. 4. Title 20 of the District of Columbia Code is amended as follows.
110 (a) Chapter 1 is amended as follows:
111 (1) Section 20-101(r) is amended by striking the phrase “standard probate” and
112 inserting the phrase “formal probate” in its place.
113 (2) Section 20-103 is amended by adding a new subsection (f) to read as follows:
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114 “(f) Waiver of notice. — A person may waive the right to any notice or may consent to any
115 matter. The waiver or consent shall set forth the specific matter that is the subject of the waiver or
116 consent, shall be signed, and shall be filed with the Court and served on the personal representative.
117 A person may revoke a waiver or consent at any time by filing a revocation with the Court and
118 serving it on the personal representative. The revocation shall have prospective effect only.”.
119 (b) Chapter 3 is amended as follows:
120 (1) The designation for subchapter III is amended by striking the phrase “Standard
121 Probate” and inserting the phrase “Formal Probate” in its place.
122 (2) Section 20-301 is amended by striking the phrase “standard probate proceeding”
123 and inserting the phrase “formal probate proceeding” in its place.
124 (3) Section 20-303 is amended by a new subsection (c-1) to read as follows:
125 “(c-1) Appointment by Nomination. — Subject to subsections (a) and (b) of this section,
126 the heirs of an intestate decedent or the legatees of a testate decedent may nominate by writing a
127 person to act as personal representative. A person may renounce his or her right to nominate or to
128 an appointment by filing an appropriate writing with the Court. The Register of Wills may
129 proscribe the form by which such nomination shall occur.”.
130 (4) Section 20-304(e) is amended by striking the phrase “standard probate” both
131 times it appears and inserting the phrase “formal probate” in its place.
132 (5) Section 20-311 is amended to read as follows:
133 “(a) Upon request for abbreviated probate contained in a petition for probate, the Register
134 of Wills:
135 “(1) May admit a will to probate; and
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136 “(2) Shall appoint one or more personal representatives based on the statements
137 contained in the petition for probate.
138 “(b) The Register of Wills may require additional verified proof, which shall be filed in the
139 proceeding.
140 “(c) The finality of abbreviated probate shall be governed by D.C. Official Code § 20-
141 331.”.
142 (6) Section 20-321 is amended by striking the phrase “standard probate” each time
143 it appears and inserting the phrase “formal probate” in its place.
144 (7) The lead-in language in section 20-322 is amended by striking the phrase
145 “standard probate” and inserting the phrase “formal probate” in its place.
146 (8) Section 20-323(a) is amended to read as follows:
147 “(a) When given. – A person filing a petition for formal probate shall promptly give notice
148 to all known interested persons. In addition, the petitioner shall publish a notice once a week for 2
149 successive weeks in a legal periodical of general circulation in the District or in any other
150 publication the Court may provide by Rule.”.
151 (9) Section 20-324 is amended by striking the phrase “standard probate” both times
152 it appears and inserting the phrase “formal probate” in its place.
153 (10) The designation for section 20-331 is amended by striking the phrase “standard
154 probate” and inserting the phrase “formal probate” in its place.
155 (11) Section 20-343(a) is amended by striking the phrase “3 successive weeks a
156 notice in a newspaper of general circulation in the District of Columbia and” and inserting the
157 phrase “2 successive weeks a notice in a legal periodical of general circulation in the District or”
158 in its place.
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159 (12) Section 20-351 is amended by striking the phrase “$40,000” and inserting the
160 phrase “$80,000” in its place.
161 (13) A new section 20-358 is added to read as follows:
162 Ҥ 20-358. Definitions.
163 “For the purposes of this subchapter, the term:
164 “(1) “Designated successor” means one who shall have a fiduciary duty to
165 safeguard and promptly pay or deliver the small asset as required by District law.
166 “(2) “Person” means any individual, corporation, business trust, fiduciary, estate,
167 trust, partnership, limited liability company, association, joint venture, government, governmental
168 subdivision, agency, or instrumentality, public corporation, or any other legal or commercial
169 entity.
170 “(3) “Small asset” means any indebtedness owed to or any asset belonging or
171 presently distributable to the decedent, other than real property. A small asset includes any bank
172 account, sav