The Strengthening Probate Administration Emergency Declaration Resolution of 2025 addresses the urgent need to amend the District of Columbia's probate system, which has not been updated since 2001. The current system has been criticized for being outdated and inefficient, particularly affecting economically vulnerable residents who face challenges during the loss of a loved one. A report from the D.C. Estate Administration Working Group highlighted that 97% of small estates are pursued by individuals without legal representation, leading to delays and difficulties in accessing estate assets. The Council previously passed the Strengthening Probate Administration Amendment Act of 2024 to modernize the probate process, but technical amendments are necessary for effective implementation.

This emergency resolution seeks to clarify and restore certain provisions of the Strengthening Probate Act to ensure its administrability and prevent delays in appointing personal representatives. Key changes include allowing the Register of Wills to issue letters of administration, clarifying the applicability of the Act to estates of decedents who died on or after March 21, 2025, and removing references to will admission in the transfer by affidavit section. The Council recognizes the urgency of these amendments to facilitate a more efficient probate process and ensure that residents can benefit from the updated system without unnecessary delays. The resolution is set to take effect immediately.