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 The current system has been criticized for being outdated and inefficient, particularly affecting economically vulnerable residents who face challenges during the loss of a loved one.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 enabling property transfers by affidavit without initiating probate. Given the impending recess of the Council, this emergency legislation is deemed necessary to facilitate immediate access to the probate system and ensure that residents can benefit from the updated processes without further delay.