reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 7 - Administration of the Estate › Subchapter VI - Claims by Personal Representatives and Attorneys › § 20–751. Compensation

§ 20–751. Compensation.
Except as may otherwise be ordered by the Court for good cause shown in respect to a supervised personal representative or a special administrator, a personal representative is entitled to reasonable compensation for services. If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision either before or after qualifying and be entitled to reasonable compensation. A personal representative also may renounce the right to all or any part of the compensation. A written renunciation of fee may be filed with the Court.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(ddd), 42 DCR 63.)
Prior Codifications
1981 Ed., § 20-751.
Section References
This section is referenced in § 20-752.
Editor's Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-701.01.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 7 - Administration of the Estate › Subchapter VI - Claims by Personal Representatives and Attorneys › § 20–752. Expenses of estate litigation

§ 20–752. Expenses of estate litigation.
Without regard to the provisions of section 20-751 , when a personal representative or a person nominated as personal representative defends or prosecutes in good faith and with just cause any proceeding relating to the decedent’s estate, whether successful or not, such personal representative shall be entitled to receive from the estate any necessary expenses and disbursements relating to such proceeding.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155.)
Prior Codifications
1981 Ed., § 20-752.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 9 - Claims › § 20–901. Claim not paid in normal course of administration

§ 20–901. Claim not paid in normal course of administration.
No proceeding to enforce a claim against a decedent’s estate may be revived or commenced before the appointment of a personal representative. After appointment, and until the estate is closed, the procedures prescribed by this chapter shall be followed. After the estate is closed, a creditor whose claim has not been barred may recover directly from the persons to whom property has been distributed as provided in sections 20-1302 and 20-1303 or from a personal representative individually as provided in section 20-1303 .
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155.)
Prior Codifications
1981 Ed., § 20-901.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 9 - Claims › § 20–902. Effect of statute of limitations

§ 20–902. Effect of statute of limitations.
Unless a contrary intent is expressly indicated in the will, no claim which was barred by any statute of limitations at the time of the decedent’s death shall be allowed or paid. In an action against the estate of a deceased person, the interval between the death of the deceased and 6 months after the date of the first publication of notice of the appointment of a personal representative (not to exceed 2 years) shall not be computed as a part of the period within which the action must be brought.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155.)
Prior Codifications
1981 Ed., § 20-902.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 9 - Claims › § 20–903. Limitation on presentation of claims against the estate

§ 20–903. Limitation on presentation of claims against the estate.
(a) Requirement of presentation; time; limitation. — Except as otherwise expressly provided by statute with respect to claims of the United States and the District of Columbia, (1) all claims against a decedent’s estate, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract or other legal basis, shall be barred against the estate, the personal representative, and the heirs and legatees, unless presented within 6 months after the date of the first publication of notice of the appointment of a personal representative; and (2) all claims against the estate based on the conduct of or a contract with a personal representative shall be barred unless an action is commenced against the estate within 6 months of the date the claim arose.
(b) Liens not affected. — Nothing in this section shall affect or prevent any action or proceeding to enforce any mortgage, pledge, judgment, or other recorded or otherwise perfected security interest on property of the estate.
(c) Action instituted before death. — Nothing in this section shall affect any action that was commenced against the decedent if the decedent had been duly served with process before death; provided, however, that the personal representative shall not be personally liable on account of having paid a claim or distributed assets, without taking into consideration claims prosecuted in accordance with this subsection if, at the time of payment or distribution (1) the personal representative had no actual knowledge of such claim, and (2) the claimant had not timely presented such claim in accordance with section 20-905.
(d) Claims covered by insurance. — Notwithstanding the provisions of this section, no claim that survives death shall be barred if: (1) the claimant commences an action against the estate within the period of limitations generally applicable to such causes of action; (2) the decedent was covered by a liability insurance policy at the time of the occurrence on which the claim is based; and (3) the subject matter of the claim is within the scope of that policy; provided, that in that cause of action recovery shall be limited to amounts payable under such liability insurance policy.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155.)
Prior Codifications
1981 Ed., § 20-903.
Section References
This section is referenced in § 19-1305.05, § 20-905, and § 20-908.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 9 - Claims › § 20–904. Exempt assets

§ 20–904. Exempt assets.
Where the decedent was the head of the family or a householder the property exempt under sections 15-501 through 15-503 shall continue to be exempt from all claims against the decedent.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155.)
Prior Codifications
1981 Ed., § 20-904.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 9 - Claims › § 20–905. Manner of presentation of claim

§ 20–905. Manner of presentation of claim.
(a) A claimant shall present a claim against a decedent’s estate by delivering or mailing, return receipt requested, a written statement of the claim, verified in accordance with section 20-102:
(1) to the personal representative with a copy to the Register; or
(2) to the Register with a copy to the personal representative.
For purposes of presenting a claim within the 6-month time limits provided in section 20-903 , a claim shall be deemed presented if inadvertently it is only sent either to the personal representative or to the Register pursuant to this section.
(b) A statement of a claim shall state:
(1) the name and address of the claimant;
(2) the basis of the claim;
(3) the amount claimed;
(4) if the claim is not yet due, when the claim will become due;
(5) if the claim is contingent, the nature of the contingency; and
(6) if the claim is secured, a description of the security.
(c) The Court may, in its discretion, disallow a claim, in whole or in part, if the claimant fails to comply with subsections (a) and (b) or with the personal representative’s reasonable requests for additional information.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(fff), 42 DCR 63.)
Prior Codifications
1981 Ed., § 20-905.
Section References
This section is referenced in § 20-343, § 20-903, § 20-908, and § 20-910.
Emergency Legislation
For temporary amendment of § 4 of D.C. Law 10-241, see § 2 of the Probate Reform Act of 1994 Emergency Amendment Act of 1995 (D.C. Act 11-79, June 28, 1995, 42 DCR 3452).
Editor's Notes
Application of Law 10-241: Section 4 of D.C. Law 10-241, as amended by § 2 of D.C. Law 11-54, provided that the act shall be applicable to estates of decedents who died on or after July 1, 1995.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 9 - Claims › § 20–906. Order of payment

§ 20–906. Order of payment.
(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:
(1) Court costs, publication costs, and bond premiums;
(2) Funeral expenses, not exceeding $1,500;
(3) Fiduciary and attorney’s fees, not exceeding $1,000;
(4) The homestead allowance pursuant to section 19-101.02 and the family allowance pursuant to section 19-101.04;
(5) Exempt property pursuant to section 19-101.03;
(6) Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent;
(7) Claims for rent in arrears for which an attachment might be levied by law;
(8) Judgment and decrees of courts in the District of Columbia; and
(9) All other just claims.
(b) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to preference over claims not due.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(ggg), 42 DCR 63; Mar. 24, 1998, D.C. Law 12-81, § 13(e), 45 DCR 745; Apr. 27, 2001, D.C. Law 13-292, § 902, 48 DCR 2087.)
Prior Codifications
1981 Ed., § 20-906.
Section References
This section is referenced in § 19-101.02, § 19-101.03, § 19-101.04, § 20-353, § 20-741, and § 20-909.
Effect of Amendments
D.C. Law 13-292 rewrote the section which had read:
“(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:
“(1) funeral expenses, not exceeding $1,500;
“(2) family allowance, not exceeding $10,000;
“(3) claims for rent in arrears for which an attachment might be levied by law;
“(4) judgments and decrees of courts in the District of Columbia; and
“(5) all other just claims.
“(b) No preference shall be given in the payment of any claim over any other claim of the same class. No preference shall be given to claims due and payable over claims not yet due.”
Editor's Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-905.
For applicability of Law 13-292, see notes following § 20-351.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 9 - Claims › § 20–907. Funeral expenses

§ 20–907. Funeral expenses.
Where an estate is solvent and the will expressly empowers a personal representative to pay funeral expenses in an amount left to the personal representative’s discretion, then no allowance from the Court shall be required. In all other cases, the Court may allow, in its discretion, funeral expenses of the decedent in excess of $1,500 according to the condition and circumstances of the decedent, but in no event shall such allowance exceed $5,000. However, the funeral expenses limit for a solvent estate may be waived if the waiver is in writing, signed by all heirs or legatees, and filed with the Register.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(hhh), 42 DCR 63.)
Prior Codifications
1981 Ed., § 20-907.
Section References
This section is referenced in § 20-741.
Editor's Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-905.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 9 - Claims › § 20–908. Action on claims; remedy for failure to act

§ 20–908. Action on claims; remedy for failure to act.
(a) For claims presented as provided in section 20-905 within the time limit prescribed by section 20-903, the personal representative shall mail a notice to each claimant stating (1) that the claim has been allowed in a stated amount; (2) that the claim has been disallowed in whole or in part and advising the claimant of the procedures and time limitations for contesting such disallowance; or (3) that the personal representative will petition the Court to determine whether the claim should be allowed. In allowing a claim, the personal representative may deduct any counterclaim that the estate has against the claimant. If the personal representative notifies a claimant of allowance of a claim, the personal representative may rescind the allowance only within 6 months after the date of the first publication of notice of the appointment of a personal representative, but, in such case the personal representative shall notify the claimant of the extent of the recision. If the claim is disallowed in whole or in part, the claim is forever barred to the extent of the disallowance unless the claimant files a verified complaint in the Court, not later than 60 days after the mailing of the notice disallowing the claim.
(b) If no action is taken by the personal representative under subsection (a) of this section, the claimant may file a verified complaint in the Court.
(c) Failure of a personal representative to respond to a presented claim shall in no way suspend the operation of any statute of limitation.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 24, 1998, D.C. Law 12-81, § 13(f), 45 DCR 745.)
Prior Codifications
1981 Ed., § 20-908.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 9 - Claims › § 20–909. Payment of claim

§ 20–909. Payment of claim.
(a) No later than 8 months from the date of the first publication of notice of the appointment of a personal representative, the personal representative shall, unless the Court extends the time for good cause shown, proceed to pay the claims allowed against the estate in the order of priority prescribed in section 20-906. Any person with a valid unbarred claim or with a valid unbarred judgment who has not been paid within the 8 month period may petition the Court for an order directing the personal representative to pay the claim to the extent that funds of the estate are available for such payment. If the Court extends the time for the personal representative to pay a claim under this subsection, the statutory limit for filing a suit on the claim shall be suspended during the extension of time plus 60 days.
(b) The personal representative may, at any time, pay any just claim which has not been barred, with or without formal presentation, but the personal representative is personally liable to any other claimant whose claim is allowed and who is injured by such payment if:
(1) the payment was made before the expiration of 6 months from the date of the first publication of notice of the personal representative’s appointment and the personal representative failed to require the payee to give adequate security to refund any of the payment necessary to pay other claimants; or
(2) the payment was made due to the negligence or willful fault of the personal representative.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(iii), 42 DCR 63.)
Prior Codifications
1981 Ed., § 20-909.
Editor's Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-905.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 9 - Claims › § 20–910. Meeting of creditors

§ 20–910. Meeting of creditors.
A personal representative may convene, on a day designated by the Court, a meeting of all creditors whose claims have been duly presented pursuant to section 20-905 . The personal representative shall give written notice to all such creditors of the time, date, place and purpose of the meeting which shall be held not less than 10 days from the date of the notice. The Court shall deny or approve any claim in whole or in part at the meeting. The payment of any claim as approved by Court order shall hold harmless the personal representative acting in obedience to it, subject to any perfected appeal.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155.)
Prior Codifications
1981 Ed., § 20-910.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 9 - Claims › § 20–911. Claim not yet due

§ 20–911. Claim not yet due.
(a) If an unsecured claim which has been proven and which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class.
(b) In other cases, the personal representative or, on petition of the personal representative or the claimant in a special proceeding for that purpose, the Court, may provide for payment of a proven unsecured claim as follows:
(1) if the claimant consents, the claimant may be paid the present value of the claim, taking any uncertainty into account, provided that such present value is determined by arbitration, compromise, or agreement between the claimant and the personal representative; and
(2) arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, creating an escrow account, giving a mortgage, obtaining a bond or security from a distributee, or otherwise.
(c) A creditor who holds security for an allowable claim due at some future time may rely on such security under section 20-912 or may file the claim as an unsecured claim not yet due, with the right of withdrawing the claim prior to the taking of any action thereon, and, after such withdrawal, rely on such security rights as provided in section 20-912.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(jjj), 42 DCR 63; Apr. 9, 1997, D.C. Law 11-255, § 19(k), 44 DCR 1271.)
Prior Codifications
1981 Ed., § 20-911.
Editor's Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-905.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 9 - Claims › § 20–912. Secured claim

§ 20–912. Secured claim.
(a) A creditor having a secured claim who surrenders the security shall be paid on the basis of the full amount of the claim.
(b) A creditor having a secured claim who does not surrender the security shall be paid on the basis of one of the following:
(1) the full amount of the claim allowed less the amount realized upon exhausting the security, if the creditor, during the course of administration, exhausted the security before receiving payment; or
(2) the full amount of the claim allowed, less the value of the security determined by agreement or by the Court, if the creditor did not exhaust, or did not at the time have the right to exhaust, such security.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155.)
Prior Codifications
1981 Ed., § 20-912.
Section References
This section is referenced in § 20-911.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 9 - Claims › § 20–913. Contingent claim. [Repealed]

§ 20–913. Contingent claim. [Repealed]
Repealed.
(Mar. 21, 1995, D.C. Law 10-241, § 3, 42 DCR 63.)
Prior Codifications
1981 Ed., § 20-913.
Editor's Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-905.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 9 - Claims › § 20–914. Execution and levy prohibited

§ 20–914. Execution and levy prohibited.
No execution shall issue upon nor shall any levy be made against any property of the estate under any judgment against a decedent or a personal representative. No claim (which is not by its terms secured) shall attach to any particular estate asset, real or personal, whether in the hands of the personal representative or of any bona fide purchaser, or to the proceeds from the sale of any such asset. The provisions of this section shall not be construed to prevent the enforcement of mortgages, deeds of trust, pledges, liens, or other security interests upon property in an appropriate proceeding.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(lll), 42 DCR 63.)
Prior Codifications
1981 Ed., § 20-914.
Editor's Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-905.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 11 - Special Provisions Relating to Distribution › § 20–1101. Renunciation; legatee or heir. [Repealed]

§ 20–1101. Renunciation; legatee or heir. [Repealed]
Repealed.
(Mar. 6, 1991, D.C. Law 8-204, § 10, 37 DCR 8439.)
Prior Codifications
1981 Ed., § 20-1101.
Editor's Notes
Uniform Disclaimer of Property Interests: See § 19-1501 et seq.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 11 - Special Provisions Relating to Distribution › § 20–1103. Distribution in kind; assignment, transfer and release of property

§ 20–1103. Distribution in kind; assignment, transfer and release of property.
If distribution in kind is made, the personal representative shall, upon the request of the distributee, execute and deliver an instrument of distribution assigning, transferring, or releasing property to the distributee as evidence of the distributee’s title to the property. Distribution of real property may be effected by quit claim deed. The personal representative shall pay all costs of deed recordation as a cost of administration of the estate. In addition to any other indexing, a deed distributed under this section shall be recorded among the land records as required by law and shall be indexed in the grantor index under the decedent’s name.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155.)
Prior Codifications
1981 Ed., § 20-1103.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 11 - Special Provisions Relating to Distribution › § 20–1104. Distribution; effect

§ 20–1104. Distribution; effect.
(a) Title of distributees. — Proof that a distributee has received an instrument or deed of distribution of assets in kind from the personal representative is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all interested persons, except that the personal representative shall recover the assets or their value if the distribution was improper in accordance with subsection (b) of this section.
(b) Improper distribution; liability of distributee. — A distributee of property improperly distributed who has not disposed of the property shall return the property received to the personal representative unless the distribution can no longer be questioned because of adjudication or limitations. If a distributee has disposed of any property improperly distributed, such distributee shall be liable to the personal representative for the value of the property on the date of distribution or the date of disposition, whichever is lower, unless the distribution can no longer be questioned because of adjudication or limitations.
(c) Purchasers from distributees protected. — If property distributed in kind or a security interest therein is acquired for value by a purchaser from, or lender to, a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from, or lender to, a transferee from such distributee, the purchaser or lender takes good title free of any claims or rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order or the authority of the personal representative was terminated before execution of the instrument or deed. This section protects a purchaser from, or lender to, a distributee (or a distributee’s transferee) even when the distributee, who, as personal representative, has executed such deed of distribution. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution. Any recorded instrument described in this section on which a state documentary fee is noted shall be prima facie evidence that such transfer was made for value.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(nnn), 42 DCR 63; Mar. 24, 1998, D.C. Law 12-81, § 13(g), 45 DCR 745.)
Prior Codifications
1981 Ed., § 20-1104.
Editor's Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-1102.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 11 - Special Provisions Relating to Distribution › § 20–1105. Petition for purpose of distribution

§ 20–1105. Petition for purpose of distribution.
When two or more heirs or legatees are entitled to distribution of undivided interests in any property of the estate, the personal representative or one or more of the heirs or legatees may petition the Court, prior to the closing of the estate, to make partition. After notice to the heirs or legatees interested in the property being partitioned, the Court may partition the property, in accordance with the provisions of sections 16-2901 through 16-2925 . The Court may direct the personal representative to sell any property which cannot be partitioned without prejudice to the owners and which cannot conveniently be allotted to any one party.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155.)
Prior Codifications
1981 Ed., § 20-1105.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 11 - Special Provisions Relating to Distribution › § 20–1106. Distribution to a minor

§ 20–1106. Distribution to a minor.
(a) If a personal representative is required to distribute assets of an estate to a minor, and if the will contains a direction or grants discretion to the personal representative with regard to the manner of making such a distribution, then the personal representative shall make distribution in accordance with that direction or discretion without the need for any order of the Court.
(b) If a personal representative is required to distribute assets of an estate to a minor, and if there is no will or if the will does not give any direction or discretion to the personal representative with regard to such a distribution, then the personal representative may make such distribution as follows:
(1) without the need for any order of the Court, in the following order of priority:
(A) to the guardian of the minor if the guardian has filed with the Court a copy of the guardian’s appointment as guardian and an order authorizing such guardian to receive such distribution authenticated pursuant to 28 U.S.C. § 1738; or
(B) to the custodian selected or approved by the personal representative for the minor under the Uniform Gifts (or Transfers) to Minors Act of any jurisdiction, subject to the limits, if any, under such applicable act on the property which may be received and held by such custodian; or
(2) in any other manner approved by the Court.
(c) When a personal representative distributes assets in accordance with this section, the personal representative shall obtain a voucher, signed by the distributee, indicating receipt of the property distributed.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 12, 1986, D.C. Law 6-87, § 3(b), 33 DCR 278; Mar. 21, 1995, D.C. Law 10-241, § 3(ooo), 42 DCR 63.)
Prior Codifications
1981 Ed., § 20-1106.
Section References
This section is referenced in § 21-305.
Cross References
Transfer to minor authorized by will or trust, see § 21-305.
Editor's Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-1102.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 11 - Special Provisions Relating to Distribution › § 20–1107. Distribution to fiduciary for nonresident person under legal disability other than minority

§ 20–1107. Distribution to fiduciary for nonresident person under legal disability other than minority.
If a fiduciary has been appointed for a nonresident person under a legal disability other than minority and if such fiduciary has filed copies of such appointment and an order authorizing such fiduciary to receive such distribution authenticated pursuant to 28 U.S.C. sec. 1738 , the personal representative may distribute the share of an estate of the person with a disability to such fiduciary.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Apr. 24, 2007, D.C. Law 16-305, § 34(c), 53 DCR 6198.)
Prior Codifications
1981 Ed., § 20-1107.
Effect of Amendments
D.C. Law 16-305 substituted “share of an estate of the person with a disability” for “disabled person’s share of an estate”.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 11 - Special Provisions Relating to Distribution › § 20–1108. Certain formula clauses to be construed to refer to federal estate and generation-skipping transfer tax rules applicable to estates of decedents dying on December 31, 2009

§ 20–1108. Certain formula clauses to be construed to refer to federal estate and generation-skipping transfer tax rules applicable to estates of decedents dying on December 31, 2009.
(a)(1) A will or trust of a decedent who dies after December 31, 2009 and before January 1, 2011, that contains a formula referring to the “unified credit,” “estate tax exemption,” “applicable exemption amount,” “applicable credit amount,” “applicable exclusion amount,” “generation-skipping transfer tax exemption,” “GST exemption,” “marital deduction,” “maximum marital deduction,” or “unlimited marital deduction,” or that measures a share of an estate or trust based on the amount that can pass free of Federal estate taxes or the amount that can pass free of Federal generation-skipping transfer taxes, or that is otherwise based on a similar provision of Federal estate tax or generation-skipping transfer tax law, shall be deemed to refer to the Federal estate and generation-skipping transfer tax laws as they applied with respect to estates of decedents dying on December 31, 2009.
(2) This subsection shall not apply with respect to a will or trust that is executed or amended after December 31, 2009, or that manifests an intent that a contrary rule shall apply if the decedent dies on a date on which there is no then-applicable Federal estate or generation-skipping transfer tax.
(3) The reference to January 1, 2011 in this subsection shall, if the Federal estate and generation-skipping transfer tax becomes effective before that date, refer instead to the first date on which the tax shall become legally effective.
(b) The personal representative or any affected beneficiary under the will or other instrument may bring a proceeding to determine whether the decedent intended that the references under subsection (a) of this section be construed with respect to the law as it existed after December 31, 2009. The proceeding shall be commenced within 12 months following the death of the testator or grantor, and not thereafter.
(Sept. 24, 2010, D.C. Law 18-223, § 7102(b), 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see §§ 7102(b) and 7103 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
Short Title
Short title: Section 7101 of D.C. Law 18-223 provided that subtitle K of title VII of the act may be cited as the “Estate Tax Clarification Act of 2010”.
Editor's Notes
Section 7103 of D.C. Law 18-223 provided: “Sec. 7103. Applicability date. Section 7102 shall apply as of January 1, 2010.”
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 13 - Closing the Estate › § 20–1302. Liability of heir or legatee to creditor

§ 20–1302. Liability of heir or legatee to creditor.
After an estate has been closed, a claim not barred may be brought against one or more of the persons to whom property has been distributed. An heir or legatee shall not be liable to claimants for any amount in excess of the value of the property distributed to such heir or legatee, valued at the time of distribution or the time of filing suit, whichever is lower. An heir or legatee shall have a right of contribution against other heirs or legatees and, as between them, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied before distribution.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155.)
Prior Codifications
1981 Ed., § 20-1302.
Section References
This section is referenced in § 20-901 and § 20-1303.
Cross References
Claim not paid in normal course of administration, rights of recovery from distributee, see § 20-901.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 13 - Closing the Estate › § 20–1303. Limitations

§ 20–1303. Limitations.
(a) Proceedings against personal representative. — Unless otherwise barred, any claim of personal liability against a personal representative, except for fraud, and except as provided in section 20-736, shall be barred one year from the date of distribution of all the assets and satisfaction of all known claims against the estate. Unless shown by the personal representative to be earlier, the date of such distribution and satisfaction in an unsupervised administration shall be deemed to be the date of the filing of the Certificate of Completion or, if none, 3 months after the termination of the appointment of the personal representative.
(b) Claims against heirs and legatees. —
(1) Except as otherwise provided in section 20-1302, the right of any person seeking to recover improperly distributed property or its value from any person to whom property has been distributed shall be barred one year from the date of distribution of all the assets of the estate and satisfaction of all known claims against the estate.
(2) Where an action or proceeding is commenced against the personal representative within the time prescribed in subsection (a) of this section, the right of the personal representative to seek recovery pursuant to paragraph (1) of this subsection shall not be barred earlier than 3 months following the commencement of the action or proceeding.
(3) Nothing in this subsection shall bar the recovery of property or its value that was received as the result of the distributee’s participation in a fraudulent distribution.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(qqq), 42 DCR 63; Mar. 24, 1998, D.C. Law 12-81, § 13(h), 45 DCR 745.)
Prior Codifications
1981 Ed., § 20-1303.
Section References
This section is referenced in § 20-901.
Cross References
Claim not paid in normal course of administration, rights of recovery from distributee, see § 20-901.
Editor's Notes
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-1301.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 13 - Closing the Estate › § 20–1304. Subsequent administration

§ 20–1304. Subsequent administration.
If property is discovered after an estate has been closed and the appointment of the personal representative has been terminated pursuant to section 20-1301 , the Court, upon petition of any interested person and upon such notice as it may direct, may appoint the same or a successor personal representative and make any other appropriate order. Any further proceedings shall be conducted pursuant to the applicable provisions of this title but no claim previously barred may be asserted in the subsequent administration.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155.)
Prior Codifications
1981 Ed., § 20-1304.
2023 District of Columbia Code › Title 20 - Probate and Administration of Decedents’ Estates. [Enacted title] › Chapter 13 - Closing the Estate › § 20–1305. Confirmatory acts

§ 20–1305. Confirmatory acts.
Nothing in this title shall be deemed to affect the authority of a personal representative to perform ministerial or confirmatory acts after an estate is closed or the appointment of the personal representative is terminated.
(June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155.)
Prior Codifications
1981 Ed., § 20-1305.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 1 - Guardianship of Infants › Subchapter I - Appointment of Guardian; Bond › § 21–101. Natural guardians of the person

§ 21–101. Natural guardians of the person.
(a) The father and mother are the natural guardians of the person of their minor children. When either dies or is incapable of acting, the natural guardianship of the person devolves upon the other.
(b) This section does not affect the power of a court of competent jurisdiction to appoint another person guardian of the children when it appears to the court that the welfare of the children requires it.
(Sept. 14, 1965, 79 Stat. 737, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 21-101.
1973 Ed., § 21-101.
Section References
This section is referenced in § 21-106.
Cross References
Adoption, see § 16-301 et seq.
Infant owners of condemned buildings, appointment of guardian, see § 6-909.
Life estate and contingency remainder sale, guardian ad litem, see § 42-1402.
Nonresident infants, appointment of ancillary guardian, see §§ 21-111, 21-112.
Trust companies, authority to act as guardian, see § 26-1309 et seq.
Editor's Notes
Section 33(a) of D.C. Law 15-354, as amended by section 48(a) of D.C. Law 16-191, provided that Title 21 is designated Title 21 of the District of Columbia Official Code.
Section 21(a) of D.C. Law 19-169 substituted “Persons with Mental Illness” for “the Mentally Ill” in the Title heading.
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 1 - Guardianship of Infants › Subchapter I - Appointment of Guardian; Bond › § 21–102. Testamentary guardians of the person

§ 21–102. Testamentary guardians of the person.
When one parent is dead, the other, whether of full age or not, may, by last will and testament, appoint a guardian of the person to have the care, custody, and tuition of his infant child, other than a married infant; and if the person so appointed refuses the trust, the Probate Court may appoint another person in his place.
(Sept. 14, 1965, 79 Stat. 737, Pub. L. 89-183, § 1; Oct. 1, 1976, D.C. Law 1-87, § 27, 23 DCR 2544.)
Prior Codifications
1981 Ed., § 21-102.
1973 Ed., § 21-102.
Cross References
Abuse of adults, duty to report, see § 7-1903.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 1 - Guardianship of Infants › Subchapter I - Appointment of Guardian; Bond › § 21–103. Appointment of guardians of the person by court; limitation of number of wards

§ 21–103. Appointment of guardians of the person by court; limitation of number of wards.
(a) When an infant has neither a natural nor testamentary guardian, a guardian of the person may be appointed by the Probate Court in its own discretion or on the application of a next friend of the infant.
(b) Only trust companies may act as guardian of the person for more than five infants at one time, unless the infants are members of one family.
(Sept. 14, 1965, 79 Stat. 738, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 21-103.
1973 Ed., § 21-103.
Cross References
Abuse of adults, duty to report, see § 7-1903.
Probate Court, jurisdiction, pleadings and practice, see §§ 11-921, 16-3101 et seq.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 1 - Guardianship of Infants › Subchapter I - Appointment of Guardian; Bond › § 21–104. Termination of guardianship of the person

§ 21–104. Termination of guardianship of the person.
A natural guardianship or an appointive guardianship of the person of an infant ceases when said infant becomes 18 years of age or marries.
(Sept. 14, 1965, 79 Stat. 738, Pub. L. 89-183, § 1; July 22, 1976, D.C. Law 1-75, § 4(d), 23 DCR 1181; Apr. 7, 1977, D.C. Law 1-107, title I, § 115, 23 DCR 8737.)
Prior Codifications
1981 Ed., § 21-104.
1973 Ed., § 21-104.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 1 - Guardianship of Infants › Subchapter I - Appointment of Guardian; Bond › § 21–105. Appointment by deed or will for child inheriting from parent

§ 21–105. Appointment by deed or will for child inheriting from parent.
(a) In case of the death of either parent from whom his or her minor children inherit or take by devise or bequest, the parent may by deed or last will and testament appoint a guardian of the property of the children, subject to the approval of the proper court of the District of Columbia.
(b) This section does not limit or affect the power of a court of competent jurisdiction to appoint another person guardian of the children when it appears to the court that the welfare of the children requires it.
(Sept. 14, 1965, 79 Stat. 738, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 21-105.
1973 Ed., § 21-105.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 1 - Guardianship of Infants › Subchapter I - Appointment of Guardian; Bond › § 21–106. Guardian of estate

§ 21–106. Guardian of estate.
(a) Subject to sections 21-101 to 21-104, when land descends or is devised to an infant under 18 years of age, or the infant is entitled to a distributive share of the personal estate of an intestate or to a legacy or bequest under a last will, or acquires real or personal property by gift or purchase, the Probate Court may appoint a guardian of the infant’s estate; and if there is a guardian of the person of the infant the guardian of the estate so appointed may be the same or a different person.
(b) The appointment may be made at any time after the probate of the will or the grant of administration when the infant is entitled as a devisee, legatee, or next of kin.
(c) Only trust companies may act as guardian of the estate of more than five infants at one time, unless the infants are entitled to shares of the same estate.
(Sept. 14, 1965, 79 Stat. 738, Pub. L. 89-183, § 1; July 22, 1976, D.C. Law 1-75, § 4(e), 23 DCR 1181.)
Prior Codifications
1981 Ed., § 21-106.
1973 Ed., § 21-106.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 1 - Guardianship of Infants › Subchapter I - Appointment of Guardian; Bond › § 21–107. Preferences in appointment of guardian of estate

§ 21–107. Preferences in appointment of guardian of estate.
In appointing a guardian of the estate of an infant, unless said infant be over 14 years of age as hereinafter directed in section 21-108 , the court shall give preference to —
(1) the parents, or either of them, if living; or
(2) the spouse if the infant is married to a person 18 years of age or older —
when in the judgment of the court the parent or spouse is a suitable person to have the management of the infant’s estate.
(Sept. 14, 1965, 79 Stat. 738, Pub. L. 89-183, § 1; Oct. 1, 1976, D.C. Law 1-87, § 28, 23 DCR 2544.)
Prior Codifications
1981 Ed., § 21-107.
1973 Ed., § 21-107.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 1 - Guardianship of Infants › Subchapter I - Appointment of Guardian; Bond › § 21–108. Selection of guardian by infant

§ 21–108. Selection of guardian by infant.
(a) When a guardian, either of the person or the estate, of an infant is appointed, the infant shall, if practicable, be brought before the court, and, if over 14 years of age, shall be entitled to select and nominate his or her guardian.
(b) When a guardian has been appointed before the infant has attained the age of 14 years, the infant, upon arriving at that age, may select a new guardian, notwithstanding the appointment before made.
(c) The court shall pass upon the character and competency of the guardian selected by the infant, and the guardian shall be:
(1) required to give bond as in other cases;
(2) subject to the control of the court; and
(3) under the same obligations and discharge the same duties — as if selected by the court.
(d) When, after a guardian of the estate has been appointed, the infant selects a new guardian upon arriving at the age of 14 years, and the new selection is approved by the court, and the person selected is duly appointed and qualified, the guardian previously appointed shall settle his final account and turn over his ward’s estate to the newly appointed guardian.
(Sept. 14, 1965, 79 Stat. 738, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 21-108.
1973 Ed., § 21-108.
Section References
This section is referenced in § 21-107.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 1 - Guardianship of Infants › Subchapter I - Appointment of Guardian; Bond › § 21–109. Spouse as guardian of estate

§ 21–109. Spouse as guardian of estate.
When an infant to whom a guardian of his or her estate has been appointed marries, he or she may select his or her spouse as the guardian of his or her estate, with the approval of the court; and after he is duly appointed and qualified by giving bond, as is required in other cases, the powers of the guardian previously appointed shall cease, and he shall settle his final account and turn over his ward’s estate to his or her spouse, according to the order and directions of the court.
(Sept. 14, 1965, 79 Stat. 739, Pub. L. 89-183, § 1; Oct. 1, 1976, D.C. Law 1-87, § 29(a), 23 DCR 2544.)
Prior Codifications
1981 Ed., § 21-109.
1973 Ed., § 21-109.