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B 26-0736

Strengthening Probate Administration Congressional Review Emergency Amendment Act of 2026

26th Council Period (2025-2026) Introduced by Brooke Pinto

Empowers the Register of Wills to refer probate cases to the Court for appointment determinations and clarifies unsupervised vs supervised administration in abbreviated probate.

Retained by the Council
0
WeVote Research Nonpartisan
Bill Summary · B 26-0736

Overview

  • Bill: B 26-0736 | Session: 26 | Jurisdiction: District of Columbia
  • Title: Strengthening Probate Administration Congressional Review Emergency Amendment Act of 2026
  • Purpose: On an emergency basis (Congressional review), to modify Chapter 3 of Title 20 of the DC Official Code to refine abbreviated probate procedures, empower the Register of Wills to refer cases to the Court for appointment determinations, adjust references to publication requirements, and clarify applicability to estates of decedents who died on or after March 21, 2025.

What the bill would do

  • Authorize referral to court for appointment determinations:
    • The Register of Wills may refer proceedings to the Court to determine if one or more personal representatives should be appointed and whether the will should be admitted to probate.
  • Abbreviated probate process enhancements:
    • Clarify nature and use of abbreviated probate as a proceeding for probate of a will or determination of intestacy and appointment of a personal representative.
    • Establish that the appointment of a personal representative constitutes an Order for unsupervised administration unless the Court specifies supervised administration.
    • Require that appointment of a personal representative not be delayed pending the Court’s decision on supervision status.
  • Wills admission to abbreviated probate:
    • In petitions to admit a will to abbreviated probate, due execution of the will may be presumed if the will appears duly executed and contains an attesting-witness recital, or upon a verified statement from a person with personal knowledge of the execution.
  • Potential for additional proof:
    • The Register of Wills may require additional verified proof; if required, the matter may be referred to the Court to determine appointment and admission of the will to probate.
  • Publication/notice language updates:
    • Update terminology in multiple Code sections to require “legal periodical or newspaper of general circulation in the District” (replacing references to “legal periodical of general circulation in the District”).
  • Administrative scope clarification:
    • Repeal and redefinition aspects related to Section 20-361(a)(4) (as part of the same chapter amendments).
  • Effective date for applicability:
    • The 2024 Strengthening Probate Administration Amendment Act (effective March 21, 2025) is amended to apply to estates of decedents who died on or after March 21, 2025.

Who/what would be affected

  • Debtors/estates undergoing probate in DC:
    • Abbreviated probate petitions, appointment of personal representatives, and admission of wills to probate.
  • Register of Wills and DC Superior Court:
    • Expanded authority to refer cases to the Court for appointment determinations and admission decisions.
  • Parties interested in probate proceedings:
    • Heirs, devisees, creditors, and other interested persons who petition for abbreviated probate or contend with will admission.
  • Publication entities/notice recipients:
    • Revision of publication requirements to include both legal periodicals and newspapers of general circulation in DC.

Key provisions and changes

  • 20-311: Defines abbreviated probate and its relation to intestacy and appointment of personal representatives; clarifies finality rules.
  • 20-312: Process for action on petition to admit or apply for abbreviated probate; outlines unsupervised vs. supervised administration; allows for additional proof and potential court referral.
  • Publication language updates: Terminology changes to publication requirements in several sections (20-323, 20-343, 20-704) to include “newspaper of general circulation in the District.”
  • 20-361(a)(4) repealed: Specific subsection removed as part of these changes.
  • 20-704(a): Publication language updated similarly to reflect revised publication requirements.
  • Section 7 of the 2024 Act amended: Adds subsection (d) to specify applicability to estates of decedents who died on or after March 21, 2025.
  • Emergency, 90-day window: Effective after mayoral approval (or council override of veto) and limited to 90 days, consistent with emergency act provisions.

Procedure and timeline

  • Emergency enactment: Effective for up to 90 days after mayoral approval, with potential for extension or renewal via subsequent legislative action.
  • Process flow:
    • Petition filed for abbreviated probate (per §20-304).
    • Court or Register of Wills appoints personal representatives; appointment creates unsupervised administration unless specified otherwise.
    • If will admission requires proof beyond the initial filing, additional verified proof may be requested and, if needed, referred to the Court for determination.
    • Updated publication requirements apply to notices in proceedings.

Fiscal impact

  • The bill adopts the Budget Director’s fiscal impact statement (as required by the General Legislative Procedures Act).

Summary in plain terms

This emergency bill tightens and modernizes abbreviated probate in the District of Columbia by giving the Register of Wills authority to refer cases to the Court for appointment decisions, clarifying when a personal representative’s administration is unsupervised, and allowing for additional proof if needed for will admission. It updates publication language to include both legal periodicals and newspapers of general circulation in DC, repeals and adjusts certain provisions, and ensures the 2024 Strengthening Probate Amendment Act applies to estates of decedents dying on or after March 21, 2025. The measure is temporary (90 days) and subject to congressional review under the emergency act framework.

Compiled from official sources — confirm details with the bill’s official record.

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