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time, the court may prescribe and revise rules for service personally upon the party outside the District of Columbia of a copy of the issues and of the notification. (d) The proceeding for impaneling a jury for the trial of the issues as to a will is the same as in civil actions. Subject to the right of appeal and to such revision as the common law provides, the verdict of the jury and the judgment of the court thereupon, or the judgment of the court without a jury, as the case may be, is res judicata as to all persons. The validity of the judgment may not be impeached or examined collaterally. § 18-514. Wills filed prior to June 8, 1898, may be probated as of real estate A person interested under a will filed in the office of the Register of Wills for the District of Columbia prior to June 8, 1898, may offer the will for probate as a will of real estate, whereupon such proceedings shall be had as this Code authorizes in regard to wills offered for probate after that date.

TITLE 19—DESCENT AND DISTRIBUTION CHAPTBE 1. RIGHTS OF SURVIVING SPOUSE AND CHILDREN 3. INTESTATES' ESTATES

19-101 19-301

7.

19-701

5. SIMULTANEOUS DEATHS—UNIFORM LAW ESCHEAT

Sec.

19-501

CHAPTER 1—RIGHTS OF SURVIVING SPOUSE AND CHILDREN Sec. 19-101. 19-102. 19-103. 19-104. 19-105. 19-106. 19-107. 19-108. 19-109. 19-110. 19-111. 19-112. 19-113.

Family allowance; construction; penalties, Dower; quarantine; curtesy abolished. Forfeiture of dower by desertion and adultery. Absent or incompetent spouse. Jointure before marriage as bar to dower. Jointure after marriage; election. Effect of acts of one spouse. Recovery of dower withheld; damages. Recovery of dower obtained by default or collusion; damages. Assignment by guardian; rights of heir. Rendowment upon eviction from jointure. Devise or bequest to spouse. Renunciation of devises and bequests; election; time limitations; renunciation or election by guardian or fiduciary; maximum rights; effect of no devise or bequest or if nothing passes under either; antenuptial or postnuptial agreements. 19-114. Rights of surviving spouse if there is no renunciation. §19-101. Family allowance; construction; penalties (a) Upon the death of a person leaving a surviving spouse, the spouse is entitled to an allowance out of the personal estate of the decedent of the sum of $500 for the personal use of himself and of minor children. The allowance shall be paid in money, or in specific property at its fair value, as the surviving spouse may elect. I t is exempt from all debts and obligations of the decedent, and is subject only to the payment of funeral expenses not exceeding $200. (b) When there is no surviving spouje, the surviving minor children, if any, are entitled to the allowance provided for by subsection (a) of this section. This allowance is payable, in the discretion of the Probate Court, to the person having custody of the children, or to such other person as the court designates. The person to whom the allowance is paid shall use it solely for the care and maintenance of ths children.

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(c) The allowance provided for by this section is in addition to the respective shares of the surviving spouse and children. (d) This section applies to estates of all persons dying after June 24, 1949; and if there is any conflict or inconsistency between this section and other provisions of this Part or any other law, this section controls. (e) Whoever, with respect to the family allowance authorized by this section: (1) makes a false affidavit; or (2) willfully violates an order of the Probate Court; or (3) willfully violates a provision of this section— shall be fined not more than $500 for each offense. §19-102. Dower; quarantine; curtesy abolished (a) The widow of a deceased man, with respect to parties who intermarried prior to November 29, 1957, or the widow or widower of a deceased person dying after March 15, 1962, is entitled to dower and its incidents as the rights thereto were known at common law with respect to widows, including the use, during her or his natural life, of one-third part of all the lands on which the deceased spouse was seized of an estate of inheritance at any time during the marriage. The surviving spouse entitled to dower under this section may remain in the chief dwelling house of the decedent 40 days after the death, without being liable for rent therefor, within which period the dower of the surviving spouse, if not previously assigned to her or him, shall be so assigned. In the meantime, the surviving spouse may have reasonable sustenance out of the estate of the decedent. (b) The right of dower and its incidents provided for by subsection (a) of this section entitles the widow or widower to lands held by the deceased spouse at any time during the marriage, whether by legal or equitable title, and whether held by the decedent at the time of death, or not, but the right does not operate to the prejudice of a claim for the purchase money of the lands or other lien thereon. (c) The right of dower provided for by this section does not attach to lands held by two or more persons as joint tenants while the joint lenancy exists. A husband may not claim a right of dower in land which his wife, during the coverture, conveyed or transferred to {mother person by her sole deed prior to November 29, 1957. (d) "With respect to the real estate of a wife dying after November 29, 1957, there is no estate by the curtesy. § 19-103. Forfeiture of dower by desertion and adultery (a) A person who voluntarily abandons or deserts his or her spouse and lives with another person with whom he or she commits adultery, and who is convicted of the adultery by a court having jurisdiction, forfeits the right to dower, and is forever barred of an action to demand it. (b) Subsection (a) of this section does not apply if the aggrieved spouse willingly, and without coercion, pardons the offending spouse and permits the resumption of cohabitation. § 19-104. Absent or incompetent spouse The spouse of a person who is insane, and has been so adjudicated by a court of competent jurisdiction and the adjudication remains in

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force, or who has been absent or unheard of for seven years, may grant and convey by a separate deed, whether it is absolute or by way of lease or mortgage, as fully as if he were unmarried, any real property acquired by him since the adjudication or since the beginning of the absence. § 19-105. Jointure before marriage as bar to dower (a) Where real estate is conveyed to persons who intend to marry, or to one of them alone, or to a person and his heirs and assigns, to the use of persons who intend to marry, or to the use of one of them alone, for the purpose of creating for the latter person mentioned in either case a freehold estate for that person's life at least, and with his assent before the marriage, to take effect in possession and profits immediately upon the death of the other, the jointure bars his right or claim of dower in all the real estate of the spouse. The assent of the person for whose benefit the estate is created is evidenced by that person's becoming a party to the conveyance by which it is settled, or, if he is a minor, by his joining with the father or guardian thereof in the conveyance. (b) The jointure referred to in subsection (a) of this section is not a oar to dower unless it is expressly made and declared to be in satisfaction of the whole dower, and not of any particular part of it. § 19-106. Jointure after marriage; election If, after persons intermarry, real estate is given or assured for jointure of one of them, in lieu of dower, the person for whose benefit the settlement is made, if he survives the other spouse, shall elect to take the jointure or to claim the dower to which he is entitled under section 19-102. § 19-107. E£fect of acts of one spouse A judgment or decree confessed or recovered against one spouse, and any laches, default, covin, forfeiture, or deed or conveyance of one spouse without the assent of the other, evidenced by his acknowledgment thereof in the manner required by law to pass the contingent right of dower, does not prejudice the right of the other spouse to dower, nor preclude him from the recovery thereof. § 19-108. Recovery of dower withheld; damages When, in an action brought for the purpose, a surviving spouse recovers dower in lands from the estate of the deceased spouse, the surviving spouse may also, in the discretion of the court, recover in the same action damages for the withholding of the dower. §19-109. Recovery of dower obtained by default or collusion; damages If, during the infancy of an heir of a deceased spouse, or of any other person entitled to the lands of the deceased spouse, the surviving spouse, not having a right of dower, recovers dower by the default or collusion of the guardian of the infant, the infant is not prejudiced thereby, and when he comes of full age he has a right of action against the surviving spouse to recover the lands so wrongfully awarded for dower, with damages in the discretion of the court; but, if it is established in an action brought under this section that the surviving spouse is entitled to the dower, he shall have judgment so declaring, and may, in the discretion of the court, recover damages from the heir or other person.

695

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§ 19-110. Assignment by guardian; rights of heir A guardian of a minor heir has the right of assignment or admeasurement of dower; but the heir, when he comes of full age, is not barred by such an assignment if it was wrongfully made pursuant to collusion between the guardian and the tenant in dower, and may have the dower properly assigned or admeasured according to law. § 19-111. Rendowment upon eviction from jointure A spouse who is lawfully evicted from lands settled upon him as jointure in lieu of dower, or from a part thereof, is entitled to dower to the extent or value of the lands from which he was evicted. § 19-112. Devise or bequest to spouse Subject to section 19-114, and unless it is otherwise expressed in the will, a devise of real estate or an interest therein, or a bequest of personal estate or an interest therein, to the surviving spouse, bars his or her share in the decedent's estate, and his or her dower rights. §19-113. Renunciation of devises and bequests; election; time limitations; renunciation or election by guardian or fiduciary; maximum rights; effect of no devise or bequest or if nothing passes under either; antenuptial or postnuptial agreements (a) Subject to section 19-114, a surviving spouse is, by a devise or bequest specified in section 19-112, barred of any statutory rights or interest he has in the real and personal estate oi the deceased spousp or dower rights, as the case may be, unless, within six months after the will of the deceased spouse is admitted to probate, he files in the Probate Court a written renunciation to the following effect: " I, A B, widow [or surviving husband] of late of, deceased, renounce and quit all claim to any devise or bequest made to me by the last will of my husband [or wife] exhibited and proved according to law; and I elect to take in lieu thereof my legal share of the real and personal estate of my deceased spouse (except that in lieu of my legal share of the real estate, I elect to take dower in all the real estate of my deceased spouse to which that right is applicable)." (b) I n similar manner, where the deceased spouse dies intestate of real estate, and letters of administration are issued with respect to the estate, the surviving spouse is barred of dower rights, unless, within six months after the letters of administration have been issued with respect to the estate of the deceased spouse, he files in the Probate Court a written renunciation of his legal share of the intestate real estate to the following effect: " I, A B, widow [or surviving husband] of deceased, in lieu of my legal share of the real estate of which my deceased spouse died intestate, elect to take dower in all the real estate of my deceased spouse to which that right is applicable." (c) If, during the period of six months specified by subsection (a) or (b) of this section, a suit is instituted to construe the will of the deceased spouse, the period of six months for the filing of the renunciation or election commences to run from the date when the suit is fijially determined. A renunciation or election may be made in behalf of a spouse unable to act for himself by reason of infancy, incompetency, or inability to manage his property, by the guardian or other fiduciary acting for the spouse when so authorized by the court having

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jurisdiction of the person of the spouse. The time for renunciation by a spouse may be extended before its expiration by an order of the Probate Court for successive periods of not more than six months each upon petition showing reasonable cause and on notice given to the personal representative and to the other persons herein referred to in such manner as the Probate Court directs. (d) Where a decedent has not made a devise or bequest to the spouse, or nothing passes by a purported devise or bequest, the surviving spouse is entitled to his legal share of the real and personal estate of the deceased spouse without filing a written renunciation, but may, instead, elect to take dower as provided by subsection (b) of this section. (e) The legal share of a surviving spouse under subsection (a) or (d) of this section is such share or interest in the real or personal property of the deceased spouse, including dower if elected in lieu of the legal share in the real estate, as he would have taken if the deceased spouse had died intestate, not to exceed one-half of the net estate bequeathed and devised by the will, or, if dower is elected, onehalf of the net personal property bequeathed and dower in the real estate devised. (f) A valid antenuptial or postnuptial agreement entered into by the spouses determines the rights of the surviving spouse in the real and personal estate of the deceased spouse and the administration thereof, but a spouse may accept the benefits of a devise or bequest made to him by the deceased spouse. § 19-114. Rights of surviving spouse if there is no renunciation A surviving spouse who does not renounce as provided by section 19-113 is entitled to the benefit of all provisions in his favor in the will of the deceased spouse and shall share, in accordance with sections 19-301, 19-302, 19-303,19-304, and 20-1901, in any estate of the deceased spouse undisposed of by the will. CHAPTER 3—INTESTATES' ESTATES Sec. 39-301. 1&-302. 19-303. 19-304. 19-305. 19-306. 19-307. 19-308. 19-309. 19-310. 19-311. 19-312. 19-313. 19-314. 19-315. 19-316. 19-317. 19-318. 19-319. 19-320.

Course of descents generally. When surviving spouse entitled to whole. When surviving spouse entitled to one-third. When surviving spouse entitled to one-half. Distribution of surplus after payment to surviving spouse. Children to share equally. Grandchildren's share. Share of father and mother. Share of brother or sister or their descendants. Brothers and sisters to share equally. Share of collateral relations. Share of grandfather and grandmother. Death of distributee before distribution. Share of posthumous children. No distinction between whole- and half-blood. Share of illegitimate children; their issue; mother. Trust estates. Antenuptial children. Advancements. Felonious homicide as barring inheritance; insurance policies; bona fide purchasers. 19-321. Descent through alien ancestor no bar.

§ 19-301. Course of descents generally (a) The real estate in the District of Columbia, of a deceased person, male or female, if not devised, shall descend in fee simple, and the surplus of the personal estate of a deceased resident of the District, if not bequeathed, shall be distributed, to the surviving spouse, children, and other persons in the manner provided by this chapter. The 49-850 0-66—47

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lieirs specified by this subsection take the real estate as tenants in common in the same proportions as they take the surplus personal estate as provided by this chapter. (b) Subject to the right of dower, the real estate specified by subsection (a) of this section is liable, when the personal estate is insufficient, for the payment of the intestate's funeral expenses, debts, costs of administration, and estate, inheritance, and succession taxes in the same manner and to the same extent as the personal estate of the intestate. When the real estate is sold under a decree of a court having Jurisdiction over it, the consent of the surviving spouse to the sale, IS not required unless the surviving spouse elects to take dower. § 19-302. When surviving spouse entitled to whole When the intestate leaves a surviving spouse and no child, parent, grandchild, brother, or sister, or the child of a brother or sister of the intestate, the surviving spouse is entitled to the whole. § 19-303. When surviving spouse entitled to one-third When the intestate leaves a surviving spouse and a child, or a descendant of a child, the surviving spouse is entitled to one-third. § 19-304. When surviving spouse entitled to one-half When the intestate leaves a surviving spouse and no child or descendant of the intestate, but a father or mother, or brother or sister, or child of a brother or sister, the surviving spouse is entitled to one-half. §19-305. Distribution of surplus after payment to surviving spouse The surplus, above the share of the surviving spouse, or the whole surplus, when there is no surviving spouse, descends and is distributed as provided by this chapter and by section 19-701. § 19-306. Children to share equally When the intestate leaves children and no other descendants, the surplus is divided equally among them. § 19-^07. Grandchildren's share (a) Subject to subsection (b) of this section, and to section 19-819, when the intestate leaves a child and a child of a deceased child, the child of the deceased child takes such share as his deceased parent would, if living, be entitled to, and every other descendant in existence at the death of the intestate stands in the place of his deceased ancestor. (b) Those in equal degree claiming in the place of an ancestor take equal shares. § 19-308. Share of father and mother When the intestate leaves no child, or descendant, the whole is divided equally between the father and mother or their survivors. § 19-309. Share of brother or sister or their descendants When the intestate leaves a brother or sister, or child or descendant of a brother or sister, and no child, descendant, or father or mother, the brother, sister, or child or descendant of a brother or sister is entitled to the whole. § 19-310. Brothers and sisters to share equally Each brother and sister of the intestate is entitled to an equal share, and the children or descendants of a brother or sister of the intestate, stand in the place of their deceased parents respectively.

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§ 19-311. Share of collateral relations After children, descendants, parents, brothers, and sisters of the deceased and their descendants, all collateral relations in equal degree share, and representation among the collaterals is not allowed. § 19-312. Share of grandfather and grandmother The grandparents, or such of them as survive, share alike where there are no collaterals. § 19-313. Death of distributee before distribution When a person entitled to distribution dies before the distribution is made, his share goes to his estate or legal representatives. § 19-314. Share of posthumous children A right in the inheritance to real or personal property does not accrue to or vest in a person other than the children of the intestate and their descendants, unless the person is in bein^ and capable in law to take as heir or distributee at the time of the intestate's death; but a child or descendant of the intestate born after the death of the intestate has the same right of inheritance as if born before his death. § 19-315. No distinction between whole- and half-blood There is no distinction between the kindred of the whole- and the half-blood. § 19-316. Share of illegitimate children; their issue; mother The illegitimate children of a female and the issue of illegitimate children of a female are capable to take real and personal estate by inheritance from their mother, or from each other, or from the descendants of each other, as the case may be, in like manner as if born in lawful wedlock. When an illegitimate child of a female dies leaving no descendants, or brothers or sisters, or descendants of brothers or sisters, the mother of the illegitimate child is entitled to the real and personal estate of the illegitimate child, and if the mother is dead, the heirs or distributees of the mother share in like manner as if the illegitimate child had been born in lawful wedlock. § 19-317. Trust estates. When a trustee is seized of the naked legal estate in real estate in fee simple, and dies intestate thereof, the legal estate descends according to section 19-301 to the persons who would inherit the beneficial estate if it were vested in them. § 19-318. Antenuptial children When a man has a child by a woman whom he afterwards marries, the child, if acknowledged by the man, is, in virtue of the marriage and acknowledgment, legitimated and capable in law of inheriting and transmitting heritable property as if born in wedlock. § 19-319. Advancements (a) If a child or descendant has been advanced by the intestate during the intestate's lifetime, by settlement or portion, real estate or personal estate, the value thereof is reckoned for the purposes of descent and distribution as part of the estate of the intestate descendible and to be divided among his heirs or distributed to his distributees. Where the advancement is equal to or greater than a share, the child or descendant is excluded from any further share in the estate of the intestate and is not liable to refund any part of the amount so advanced; but the surviving spouse has no advantage by bringing the advancement into reckoning. Where the advancement is less than a share, the child or descendant receives so much, only, of the per-

699

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sonal estate, and inherits so much, only, of the real estate, of the intestate, as is sufficient to make all the shares of all the children in the whole property, including the advancement, equal. The value of real or personal estate so advanced shall be estimated according to the worth thereof when given. Maintenance or education of a child or descendant, or giving him money or real estate, without a view to a portion or settlement in life, is not an advancement. (b) Where an advancement to be adjusted, as provided by subsection (a) of this section, consisted of real estate, the adjustment shall be made out of the real estate descendible to the heirs. Where the advancement was in personal estate, the adjustment shall be made out of the surplus of the personal estate to be distributed to the distributees. Where either species of estate is insufficient to enable the adjustment to be fully made, the deficiency shall be adjusted out of the other. §19-320. Felonious homicide as barring inheritance; insurance policies; bona fide purchasers (a) A person convicted of felonious homicide of another person, by way of murder or manslaughter, takes no estate or interest in property of any kind from that other person by way of: (1) inheritance, distribution, devise, or bequest; or (2) remainder, reversion, or executory devise dependent upon the death of the other person. The estate, interest, or property to which the person so convicted would have succeeded or would have taken in any way from or after the death of the decedent goes, instead, as if the person so convicted had died before the decedent. (b) Policies of insurance directly or indirectly procured by a person convicted as specified by subsection (a) of this section, for his own benefit or payable to him upon the life of the person killed by him, are void. (c) This section does not affect the rights of bona fide purchasers of property specified by subsection (a) of this section, for value and without notice. § 19-321. Descent through alien ancestor no bar I n making title by descent it is no bar to a party claiming as heir that an ancestor, whether living or dead, through whom he derives his descent from the intestate, is or has been an alien. CHAPTER 5—SIMULTANEOUS DEATHS—UNIFORM LAW Sec.

19-501. No sufficient evidence of survivorship. 19-502. Survival of beneficiaries. 19-503. Joint tenants or tenants by the entirety. 19-504. Insurance policies. 19-505. Chapter does not apply if decedent provides otherwise. 19-506. Short title; effective date; chapter not retroactive; construction. § 19-501. No sufficient evidence of survivorship Where the title to property or the devolution thereof depends upon priority of death and there is not sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise by this chapter. § 19-502. Survival of beneficiaries Where property is so disposed of that the right of a beneficiary to succeed to any interest therein is conditional upon his surviving another person, and both persons die, and there is not sufficient evidence

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that the two have died otherwise than simultaneously, the beneficiary is deemed not to have survived. Where there is not sufficient evidence that two or more beneficiaries have died otherwise than simultaneously and property has been disposed of in such a way that at the time of their death each would have been entitled to the property if he had survived the others, the property shall be divided into as many equal portions as there were beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each of the beneficiaries had survived. § 19-503. Joint tenants or tenants by the entirety Where there is not sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed, or descend as the case may be, one-half as if one had survived and one-half as if the other had survived. Where there are more than two joint tenants and all have so died the property thus distributed or descended shall be in the proportion that one bears to the whole number of joint tenants. The term "joint tenants" includes owners of property held under circumstances which entitled one or more to the whole of the property on the death of the others. § 19-504. Insurance policies When the insured and the beneficiary in a policy of life or accident insurance have died and there is not sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary. § 19-505. Chapter does not apply if decedent provides otherwise This chapter does not apply in the case of wills, living trusts, deeds, or contracts of insurance, or any other situation where provision is made for distribution of property different from the provisions of this chapter, or where provision is made for a presumption as to survivorship which results in a distribution of property different from that here provided. § 19-506. Short title; effective date; chapter not retroactive; construction (a) This chapter may be cited as the "District of Columbia Uniform Simultaneous Death Act". I t is in effect in the District of Columbia as of March 28, 1958, and it does not apply to the distribution of property of a person who died before that date. (b) Where there is a conflict or inconsistency between a provision of this chapter and other provisions of this Part or other law, the provision of this chapter controls. CHAPTER 7—ESCHEAT Sec.

19-701. Escheatment generally. § 19-701. Escheatment generally Where there is no surviving spouse or relations of the intestate within the fifth degree, reckoned by counting down from the common ancestor to the more remote, the surplus of real and personal property escheats to the District of Columbia to be used by the Commissioners of the District of Columbia for the benefit of the poor.

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TITLE 20—ADMINISTRATION OF DECEDENTS' ESTATES CHAPTEB

Sec.

1. GENERAL PROVISIONS 3. EXECUTORS AND ADMINISTRATORS

20-101 20-301

5. COLLECTORS

20-501

7. 9. 11. 13.

INVENTORY OF A S S E T S A S S E T S OF ESTATE SALE OF A S S E T S C L A I M S OF CREDITORS

20-701 20-901 20-1101 20-1301

15. S U I T S 17. ACCOUNTS

20-1501 20-1701

19. DISTRIBUTION OF SURPLUS 21. ADMINISTRATION OF SMALL E STATES 23. E STATES OF ABSENTEES AND ABSCONDERS

,

20-1901 20-2101 20-2301

CHAPTER 1—GENERAL PROVISIONS Sec. 20-101. Definitions.

§20-101. Definitions The definitions in section 18-101 apply to this title. CHAPTER 3—EXECUTORS AND ADMINISTRATORS Sec. 20-301. 20-302. 20-303. 20-304. 20-305. 20-306. 20-307. 20-308. 20-309. 20-310. 20-311. 20-312. 20-313.

SUBCHAPTER I—EXECUTORS Letters t e s t a m e n t a r y; o a t h; corporations. Bond of executor. Bonds for debts only; removal of executor for waste. Special bond of executor. Joint or separate bonds of co-executors. F a i l u r e to qualify; letters of administration with the will annexed. Absent executor; s u m m o n s; notice. Summons to each of several executors. Renunciation. Disqualification of executor. No power to a c t without letters. Form of letters testamentary. Executor of executor. SUBCHAPTER II—ADMINISTRATORS

20-331. 20-332. 20-333. 20-334. 20-335. 20-336. 20-337. 20-338. 20-339.

Granting of letters of administration. Oath and bond of administrator. Special bond in intestacy. Persons entitled to a d m i n i s t e r; order of preference. Notice of application. Declining administration. Form of letters of administration. Administrator with the will a n n e x e d; preference. Administrator de bonis n o n; form of letters; duties.

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SUBCHAPTER III—MISCELLANEOUS PROVISIONS RELATING TO EXECUTORS AND ADMINISTRATORS Sec. 20-351. Competency to serve as executor or administrator; determination. 20-352. Persons between 18 and 21 years of age. 20-353. Application for letters; contents; bond; sale of real estate. 20-354. Will proved after letters of administration granted; revocation; pending actions; judgments; accounting; liability. 20-355. Will declared Invalid after distribution; liability. 20-356. Removal of co-executor or co-administrator for negligence or misconduct; complaint; recovery of loss or damage. 20-357. Additional bond; failure to provide; revocation; delivery of assets. 20-358. Counter security; application of surety; delivery of property; inventory; duties and liabilities of surety. 20-359. Accounting by representative of deceased executor or administrator; enforcement. 20-360. Executor of his own wrong. 20-361. Liability of executor or administrator of deceased executor or administrator for waste or conversion. 20-362, Investment of funds. 20-363. Continuing decedent's business; petition and affidavits; accounting; debts as expenses of administration. 20-364. Recordation of executor's and administrator's bond; copies to interested parties; actions on bonds. 20-365. Service on nonresident executor or administrator; failure to give power of attorney. 20-366, Resignation; petition; accounting; liability.

Subchapter I—Executors §20-301. Letters testamentary; oath; corporations (a) When a will or codicil respecting real or personal property has been authenticated and admitted to probate, letters testamentary on the will or codicil shall be issued to the executor named therein, if h e: (1) is legally competent and will accept the trust; executes the bond required by section 20-302; and takes, subscribes, and files an oath that he will administer the estate of the deceased according to law and and will give a just account of his administration when lawfully called to account. (b) The conditions of this section as to bond and oath do not apply to corporations authorized under the District of Columbia laws to act as executors. § 20^02. Bond of executor Before letters testamentary are issued to an executor, other than a local corporation authorized by the laws of the District of Columbia to act as an executor, named m a will or codicil, he shall execute a bond to the United States, with security to be approved by the court, in such penalty as the court requires, with a condition that he will administer according to law and to the will of the testator all his goods, chattels, rights, credits, and the proceeds of all his real estate that may be sold for the payment of his debts or legacies, which, at any time, come to his possession or to the possession of another person for him, and in all other respects faithfully perform the trusts reposed in him. §20-303. Bonds for debts only; removal of executor for waste (a) Where a testator, by last will and testament, requests that his executor be not required to give bond for the performance of his duty, the bond required of the executor shall be in such penalty as the court considers sufficient to secure the payment of the debts due by the testator, of not more than double the value of the personal estate. "Where the bond is less than this sum the court may increase it to require an additional bond if the court deems the bond as given to be insufficient to secure the payment of the debts of the testator.

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(b) If a party interested makes it appear to the court that an executor who has given a bond only as is provided for by this section is wasting the assets of the estate, or that the assets are in danger of being lost, wasted, or misappropriated, the court may remove the executor or require him to give additional bond with security in a penalty sufficient to secure the interests of all the creditors, distributees, and legatees entitled to take the estate. On his failure to give bond as required, his letters may be revoked and he shall deliver forthwith to the substituted executor all the assets of his testator in his possession or under his control. § 20-304. Special bond of executor (a) When the executor is the residuary legatee of the personal estate of the testator, or if the residuary legatee of full age notifies his consent to the court, he may, instead of the bond prescribed by section 20-302 or 20-303, give bond with security approved by the court, in a penalty prescribed by the court, conditioned to pay all the debts and just claims against the testator, all damages which may be recovered against him as executor, and all legacies bequeathed by the will. I n this case, he may not be required to file an inventory or render an account. (b) If the executor gives a special bond as provided by this section, he is personally answerable for the full amount of all debts, claims, and damages that may be recovered against him as executor as if he were sued in his own right, and a legatee may recover the full amount of his legacy in a suit on the executor's bond, and the giving of the bond shall be considered an assent to the legacy. The sureties on the bond are not liable for a greater amount than the penalty thereof. § 20-305. Joint or separate bonds of co-executors Where two or more persons are appointed executors, the court may take a separate bond with security from each of them or a joint bond with security from all of them together. §20-306. Failure to qualify; letters of administration with the will annexed Where the sole executor named in the will was present at the probate of the will, and does not, within 20 days thereafter, file a bond as required by this subchapter, and qualify as executor by taking the oath required by section 20-301, letters of administration with the will annexed may be granted as if an executor had not been named. §20-307. Absent executor; summons; notice Where the sole executor named in the will was not present at the probate of the will, but is within the District, a summons may be issued to him, either at the instance of a person interested or ex officio by the Register of Wills, requiring him to appear and file his bond as required by law within 5 days after service of the summons. If he is not found in the District of Columbia, notice shall be given to him by publication to appear within 10 days after publication of notice, and on his failure to appear and give his bond and qualify by taking the prescribed oath, letters of administration with the will annexed may be granted as if an executor had not been named. §20-308. Summons to each of several executors Where there is more than one executor named in a will, there may be the same proceeding with respect to each of them as if he were the sole executor, and any circumstances under which letters of administration with the will annexed may be granted on failure of a sole-named executor authorize the granting of letters testamentary to one or more of the executors on failure of one or more of the others. Any

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circumstances under which letters of administration with the will annexed may be granted on failure of a sole-named executor authorize the granting of the letters of administration on failure of all the executors named to appear and qualify as provided by this subchapter. §20-309. Renunciation If an executor named in a will files or transmits to the Probate Court an attested renunciation of his executorship, there shall be the same proceeding with respect to granting letters testmentary or of administration with the will annexed as if the party so renouncing had not been named in the will. § 20-310. Disqualification of executor Where a person named as executor is disqualified from serving, letters testamentary or of administration with the will annexed may be granted as if he had not been named as executor. § 20-311. No power to act without letters Where letters testamentary are granted to one or more of the executors named in a will on failure of the rest, an executor not named in the letters may not, in any mamier, interfere with the administration. Where letters of administration with the will annexed are granted, an executor named in the will may not, in any manner, interfere with the administration. An executor named in a will may not, before letters testamentary are granted to him, dispose of any part of the estate of the deceased or interfere therewith, further than is necessary to collect and preserve it. § 20-312. Forms of letters of testamentary The following is the form of letters testamentary to be issued under the seal of the Probate Court: District of Columbia: The United States of America. To all persons to whom these presents come, greeting: The last will and testament of, of , deceased, in due form of law, has been exhibited, proved, and recorded in the office of the Register of Wills of the District of Columbia, a copy of which is annexed to these presents, and administration of all the goods, chattels, and credits of the deceased is hereby granted unto , the executor appointed by the will. Witness [A B ], the Chief Judge of the United States District Court for the District of Columbia, this day of. Test: [ C D ], Register of Wills. § 20-313. Executor of executor The executor of an executor, as such, is not entitled to administration de bonis non on the estate of the first deceased. Subchapter II—Administrators § 20-331. Granting of letters of administration On the death of a person leaving real or personal estate in the District of Columbia, the Probate Court may grant letters of administration on his estate, on the application of a person interested, and on proof satisfactory to the court that the decedent died intestate. § 20-332. Oath and bond of administrator (a) Before an administrator, other than a local corporation authorized by the laws of the District of Columbia to act as administrator, enters upon his duties, he shall: (1) take and subscribe an oath similar to that prescribed for executors; and

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(2) file in the Probate Court his bond to the United States, with security approved by the court, in such penalty as the court requires, with condition to administer according to law all the money, goods, chattels, rights, and credits of the deceased, and in all other respects perform the trust reposed in him. (b) If the court orders the sale of the decedent's real estate, the administrator, other than a local corporation authorized by the laws of the District of Columbia to act as administrator, shall give a like bond conditioned to administer the proceeds from the real estate that may be sold for the payment of the decedent's debts which come into his possession or to the possession of another person for him. § 20-333. Special bond in intestacy (a) Where the person appointed as administrator is entitled to the residue of the estate after the payment of the debts, he may, instead of the bond prescribed by section 20-332, execute a bond, with security approved by the court, in such penalty as the court considers sufficient, conditioned for the payment of all debts and claims against the deceased, and all damages which may be recovered against him as administrator; and if the administrator files the written consent of those entitled to the residue and they are all of full a^e, the court may direct that only the special bond provided by this section be given. In this case, the administrator is not required to return inventory or account. (b) When the administrator gives a special bond as provided by this section, he is personally answerable for all debts, claims, and damages which may be recovered against him, in like manner as the executor who gives a similar bond as provided by section 20-304. The sureties on the bond are not liable for a greater amount than the penalty thereof. § 20-334. Persons entitled to administer; order of preference (a) The Probate Court may grant letters of administration of the estate of a person dying intestate to one or more of the following persons, according to the order of preference indicated: (1) where there is a surviving spouse and a child or children, to the surviving spouse or to the child, or one or more of the children qualified to act as administrator; (2) where there is a surviving spouse and no child, the surviving spouse shall be preferred, and, next to the surviving spouse, a grandchild shall be preferred; (3) where there is no surviving spouse, or child, or grandchild to act, the father shall be preferred; and, where there is no father, the mother shall be preferred; (4) where there is no surviving spouse, or child, or grandchild, or father, or mother to act, brothers and sisters shall be preferred; and, where there is no brother or sister, the next of kin shall be preferred; (5) males shall be preferred to females in equal degree; (6) relations of the whole blood shall be preferred to those of the half-blood in equal degree; and relations of the half-blood shall be preferred to those of the whole blood in a remoter degree; (7) relations descending shall be preferred to relations ascending, in the collateral line; for example, a nephew shall be preferred to an uncle; (8) a person may not be preferred in the ascending line beyond a father or mother, or in the descending line below a grandchild; (9) a femme sole shall be preferred to a married woman in equal degree;

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(10) relations on the part of the father shall be preferred to those on the part of the mother, in equal degree. (b) Where a person described in subsection (a) of this section is incompetent to serve, administration shall be granted as if he or she were not living. (c) Where there are not relations of the intestate, or those entitled to letters of administration decline to appear and apply for them, after proper summons or notice, administration may be granted to the largest creditor applying therefor. When creditors neglect to apply, the court may exercise its discretion in granting administration. § 20-335. Notice of application Upon an application for letters of administration, such notice thereof shall be given, by publication or otherwise, as the rules of the court require. § 20-336. Declining administration If a person entitled to administration declines it in writing, the court shall proceed as if he or she were not entitled to it. § 20-337. Form of letters of administration The following is the form of letters of administration to be issued under the seal of the Probate Court: District of Columbia: The United States of America. To all persons to whom these presents come, greeting: Administration of the goods, chattels, and credits of, late of deceased, is hereby granted unto , of. Witness [A B ], the Chief Judge of the United States District Court for the District of Columbia. Test: [ C D ], Register of Wills. § 20-338. Administrator with the will annexed; preference Where a will admitted to probate does not appoint an executor, or the executor therein appointed has died or renounced the executorship, or is incompetent to serve, administration shall be granted with the will annexed to the person who would have been entitled to administration in case of the intestacy of the deceased testator. A residuary legatee named in the will, shall be, in an appointment under this section, preferred to all, except a surviving spouse. The condition of the bond of the administrator so appointed and the oath to be taken by him and his duties and liabilities are the same as if he had been appointed executor in the will and had received letters testamentary. § 20-339. Administrator de bonis non; form of letters; duties If an executor or administrator dies before the administration of an estate is completed, the court ma^ exercise its discretion in granting letters of administration de bonis non or de bonis non cum testamento annexo, as the case requires, giving preference to the person who would be entitled in the order provided by section 20-334. if he applies for the letters. The form of the letters is the same as in the case of an original administration, except that it shall be confined to the property of the deceased not already administered. The authority shall be, under the court's direction, to administer all property herein described as assets and not distributed or delivered or retained by the executor or former administrators.

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Subchapter III—Miscellaneous Provisions Relating to Executors and Administrators §20-351. Competency to serve as executor or administrator; determination (a) Letters testamentary or of administration may not be granted to a person who: (1) has been convicted of an infamous offense; or (2) is an insane person, as defined by section 21-501; or (3) under conservatorship as defined in section 21-1501; or (4) is under 18 years of age; or (5) is an alien. (b) The Probate Court shall determine all questions as to the disqualification, on any of the grounds specified by subsection (a) of this section, of persons claiming to be entitled to letters testamentary or of administration, after such notice to them as the court directs. § 20-352. Persons between 18 and 21 years of age When letters testamentary or of administration are granted to a person above 18, but under 21, years of age, the bond executed by him for the faithful performance of his duties is as binding as if he were of full age. §20-353. Application for letters; contents; bond; sale of real estate When a person applies to the Probate Court for letters testamentary or of administration, he shall set forth, under oath, as fully as possible, all the personal and real estate left by the decedent and the amount of his debts as far as can be ascertained. The penalty of the bond required of him, except in the cases provided for by sections 20-303, 20-304, and 20-333, shall be sufficient to secure the proper application of all the personal estate of the testator or intestate. If it becomes necessary to sell the real estate of the decedent, in part or in whole, the executor or administrator shall give such additional bond, with approved security, as the court directs, to secure the proper application of the proceeds arising from the sale. Where an executor is empowered by the will to sell the real estate of the testator, for any purpose, he shall account for the proceeds in the court. §20-354. Will proved after letters of administration granted; revocation; pending actions; judgments; accounting; liability (a) Where administration is granted, and, afterwards, a will disposing of the estate of the deceased is proved according to law, and letters testamentary are issued thereon, the letters testamentary constitute a revocation of the letters of administration. The executor obtaining letters may prosecute civil actions commenced by the administrator and obtain judgment in his own name, and may defend suits commenced against the administrator. The executor shall have the benefit of all judgments obtained by the administrator, and is bound by all judgments obtained against the administrator to the extent of assets received by the executor, unless the judgments were obtained by fraud. The administrator, without delay, shall account for and deliver to the executor all personal estate and proceeds of realty sold in his possession, belonging to the deceased, in default of which his bond may be sued upon by the executor or administrator with the will annexed. (b) The administrator may not be held to answer for acts lawfully done by him, in good faith and in ignorance of the will, before

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an actual or implied revocation of his letters. When distribution of the estate, or part of it, has been lawfully made by him, the distributees, and their personal representatives, and not the administrator, are answerable for the property "feo distributed, or its value, to the persons entitled to it. § 20-355. Will declared invalid after distribution; liability When a will is adjudged invalid in an action begun after lawful distribution of the estate, or a part of it, by the executor, in good faith and without his knowledge of the invalidity of the will, and without notice to him that the action was intended, the distributees of the property, and their personal representatives, and not the executor, are answerable for the property so distributed, or its value, to the persons entitled to it. §20-356. Removal of co-executor or co-administrator for negligence or misconduct; complaint; recovery of loss or damage If a joint executor or administrator apprehends that he is in danger of suffering by the negligence or misconduct in the administration or the improper use or misapplication of the assets of the estate by a co-executor or co-administrator, he may make complaint to the court. Upon adjudging the complaint to be well founded, the court may revoke the letters of the executor or administrator so complained of and compel the delivery and surrender to the remaining executor or administrator of the assets, books, papers, and evidences of debt, of the estate in the possession or control of the person whose letters have been revoked. The remaining executors or administrators may recover, in a civil action, for loss or damage they may suffer through the executor or administrator whose letters have been revoked. §20-357. Additional bond; failure to provide; revocation; delivery of assets Where the Probate Court is satisfied that the bond already given by an executor or administrator is insufficient, it may require the executor or administrator to file an additional bond, and on his failure to do so may revoke his letters. Upon the revocation of letters under this section, the executor or administrator whose letters are so revoked shall forthwith deliver to any substituted executor or administrator all the assets of his testator or mtestate in his possession or control. §20-358. Counter security; application of surety; delivery of property; inventory; duties and liabilities of surety (a) If a surety of an executor or administrator apprehends that he is in danger of suffering from the suretyship, he may apply for relief to the Probate Court. The court may call upon the party to give counter security, to be approved by the court. If the party so called on does not, within a fixed reasonable time, give counter security, the court may order the property remaining in his hands as executor or administrator to be delivered up to the surety, and the court may enforce the delivery by process. W^ithout delay, the executor or administrator shall return an inventory of the property delivered to the surety. Under the immediate order of the court, the surety shall sell, distribute, and deliver up the property contained in the inventory, as the case requires, as if the surety were the executor or administrator, (b) To prevent a double administration and consequent inconvenience to creditors and other persons interested in the estate, the executor or administrator specified by subsection (a) of this section shall continue to discharge his trust, unless the court revokes his letters for a just cause, and he shall be answerable for the property in the same

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manner as if it were not, on his default, delivered to the surety. The executor or administrator may sue the surety and recover damages if he suffers from the misconduct of the surety, in diminishing any part of the property, without obtaining an allowance therefor from the court. The surety shall bring into court, to be deposited with the Eegister of Wills, the money arising from the sale of any property as provided by this section, to be applied according to this Part. §20-359. Accounting by representative of deceased executor or administrator; enforcement (a) On the application of an administrator de bonis non the court may order the executor or the administrator of a deceased executor or administrator to deliver over to him all the personal property that was in the hands of the deceased executor or administrator, as such, and also all the money, bonds, notes, accounts, and evidences of debt that the deceased executor or axiministrator may have taken, received, and held at the time of his death, including the proceeds of sale of either personal or real estate made by the deceased executor or administrator, which shall be deemed unadministered assets. (b) If an executor or administrator of a deceased executor or administrator fails to comply, hj a day named, with an order issued under subsection (a) of this section, the court may enforce its order by attachment against him, and may direct that his bond, or the bond of the deceased executor or administrator, or both, be sued upon for the use of the administrator de bonis non. § 20-^60. Executor of his own wrong Whoever, without authority of law, takes, receives, or injuriously interferes with personal property of a deceased person who died intestate, is liable, as an executor of his own wrong: (1) to the persons aggrieved; and (2) to the rightful administrator for the full value of the personal property taken or received by him and for all damages caused to the estate by his acts. He may not retain or deduct any part of the estate, except for funeral expenses or debts of the deceased or other charges which rightful executors or administrators might have been compelled to pay. § 20-361. Liability of executor or administrator of deceased executor or administrator for waste or conversion The executor or administrator of a person who, as executor, either of right or of his own wrong, or as administrator, wasted or converted to his own use any part of the estate of a deceased person, is liable and chargeable in the same manner as his testator or intestate would have been, if living. § 20-362. Investment of funds Where, under the provisions of a will, it is necessary for an executor or an administrator with the will annexed to retain in his hands the personal estate, or a part thereof, after all just claims are discharged, as in a case where money or another thing is directed to be paid at a distant period or upon a contingency, he shall apply to the Probate Court for a decree or directions relating thereto. The court may decree or direct: (1) what part of the personal estate shall be retained or appropriated for the purpose and in what manner it shall be disposed of; (2) in what manner the legacy or benefit shall be secured to the person entitled thereto at a future period or upon the happening of a contingency;

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(3) how the necessary part of the personal estate to be appropriated for the purpose shall be prevented from being unproductive; and (4) how the necessary part of the personal estate to be appropriated for the purpose shall be appned, agreeably to the intent of the will or the construction of law, should the contingency not take place. §20-363. Continuing decedent's business; petition and affidavits; accounting; debts as expenses of administration (a) The Probate Court may authorize a fiduciary accountable to it to continue a business of the decedent until further order of the court and may order the discontinuance of the business at any time. (b) An order under subsection (a) of this section authorizing the continuance of a business may not be entered until after the fiduciary has filed a petition under oath, supported by the affidavits of two reputable persons familiar with the decedent's business, setting forth: (1) the appraised value of the business; (2) whether the decedent conducted the business at a profit or loss; and (3) the estimated amount of the monthly expenses necessary to be incurred in order to continue the business. (c) A fiduciary who is given an authorization to conduct the decedent's business shall file with the Register of Wills monthly statements showing: (1) receipts and disbursements; (2) debts contracted, and obligations incurred; and (3) the profit or loss. (d) Debts contracted and obligations incurred in continuing a business of the decedent constitute an expense of administration of the estate. §20-364. Recordation of executor's and administrator's bond; copies to interested parties; actions on bonds (a) The Register of Wills shall record in his office every bond executed by an executor or administrator. The Register of Wills shall deliver, on demand, to a person conceiving himself to be interested in the administration of the estate, a copy of the bond, under his hand and seal. Upon this copy, an action may be maintained, in the name of the United States, for the use of the party interested. In the action, judgment may be recovered for the damage actually sustained. (b) In the manner provided by subsection (a) of this section, an administrator appointed in the place of an executor or administrator who has resigned, or has been removed, or whose letters have been revoked, may maintain an action against the former executor or administrator, and his sureties, on his administration bond, for loss and damage to the estate resulting from this breach of duty. (c) A creditor may not maintain an action on a testamentary or administration bond tor a claim against the testator or intestate: (1) until, when practicable, an action has been commenced against the executor or administrator of the deceased and: (A) a summons issued in the action has been returned "Not to be found"; or (B) a writ of fieri facias or of attachment, issued on a judgment against the executor or administrator, has been returned "nulla bona"; or (2) until, in the judgment of the court before whom the action may be tried, there is such apparent insolvency of the

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executor or administrator or insufficiency of his effects as to leave the creditor without remedy except by action on the bond. §20-365. Service on nonresident executor or administrator; failure to give power of attorney Before original or ancillary letters testamentary or of administration are issued, the person designated, if a nonresident of the District of Columbia, shall file in the office of the Kegister of Wills an irrevocable power of attorney designating the Register of Wills and his successors in office as the person upon whom all notices and process issued by a competent court in the District may be served, with like effect as personal service, in relation to all suits, matters, causes, or things affecting or pertaining to the estate in which the letters are to be issued. The Register of Wills shall forthwith forward by registered or certified mail to the address of the executor or administrator, which shall be stated in the power of attorney, all notices and process served upon the Register under this section. If the person fails to file the power of attorney within 10 days after the entry of the order of appointment, the order shall stand revoked, and he shall forfeit all rights to the office. § 20-^66. Resignation; petition; accounting; liability Where a person, after having accepted the office of executor or administrator, desires to resign the office, he may file his petition to that effect, accompanied by a full and particular account, under oath, of his receipts and disbursements, if any. The court shall thereupon direct such notice as it deems proper to be given of the application, and, if cause is not shown to the contrary, may release and discharge him from his office and enter such order as to costs and commissions and impose such terms in other respects as the nature of the case requires. The executor or administrator is not, by the discharge, released from liability for past acts, defaults, or omissions of duty. CHAPTER 5—COLLECTORS Sec.

20-501. 20-502. 20-503. 20-504.

Letters of collection, or ad colligendum. Oath and bond of collector; form. Service on nonresident collector; failure to give power of attorney. Duties of collector; liability; commission; additional bond requirements if real estate to be possessed. 20-505. Removal of co-collector for negligence or misconduct; complaint; recovery of loss or damage. 20-506. Cessation of powers. 20-507. Liability of collector for refusing to deliver estate. § 20-501. Letters of collection, or ad colligendum (a) Letters of collection, or ad colligendum, may be granted to one or more persons, when: (1) there is a contest in relation to a will; or (2) the executor is absent from the District of Columbia; or (3) there is a delay in the executor's qualifying; or (4) there is other sufficient cause. (b) The form of letters of collection is as follows: To all persons to whom these presents come, greeting: Whereas , of, deceased, had, as is said, at his decease, personal property within the District of Columbia, administration whereof can not immediately be granted, but which, if speedy care be not taken, may be lost, destroyed, or diminished, to the end that the same may be preserved for those who may appear to have a legal right or interest therein, we do hereby request and authorize , of, to secure and collect the property, wheresoever the same may be, in the District, whether goods, chattels, debts, or credits, and to make a true inventory thereof and exhibit it with all

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convenient speed, with an account of his collections, into the office of the Register of Wills. Witness [A B ], the Chief Judge of the United States District Court for the District of Columbia. Test: [C D ], Register of Wills. § 20-502. Oath and bond of collector; form (a) Before letters are issued to a collector other than a local corporation authorized under the laws of the District of Columbia to act as collector, he shall take and subscribe the following oath: "I,, do swear that I will well and truly discharge the office of collector of the personal estate of , deceased, according to the tenor of the letters granted me by the Probate Court of the District of Columbia and the directions of law, to the best of my knowledge, so help me God.". (b) The collector shall also, before letters are issued to him, execute a bond to the United States, in a penalty and with security to be approved by the court, with the following condition: "The condition of the above obligation is such that if the above bounden shall well and honestly discharge the office of collector of the personal estate of, deceased, in the District of Columbia, and shall make or cause to be made a true and perfect inventory or inventories of such of the personal estate, and debts as come to his possession or knowledge and make return of them to the Probate Court of the District, and shall also deliver to the person or persons who shall be authorized by the court to receive them such of the goods, chattels, personal estate, and debts as shall come to his possession, except such as shall be allowed for by the court, then the obligation shall be void; it shall otherwise be in full force at law.". § 20-503. Service on nonresident collector; failure to give power of attorney Before original or ancillary letters of collection are issued, the person designated, if a nonresident of the District of Columbia, shall file in the office of the Register of Wills an irrevocable power of attorney designating the Register of Wills and his successors in office as the person upon whom all notices and process issued by a competent court in the District may be served, with like effect as personal service, in relation to suits, matters, causes, or things affecting or pertaining to the estate in which the letters are to be issued. The Register of Wilis shall forthwith forward by registered or certified mail to the address of the collector, which shall be stated in the power of attorney, all notices or process served upon the Register under this section. If the person fails to file the power of attorney within 10 days after the entry of the order of appointment, the order shall stand revoked, and he shall forfeit all rights to the office. §20-504. Duties of collector; liability; commission; additional bond requirements if real estate to be possessed (a) The collector shall collect the personal estate of the deceased, including the debts due him, and cause them to be appraised, and return an inventory thereof, as an administrator is required to do, and may, under the authority of the court, sell perishable articles and bring suits for debts or other property, as an administrator may do, and shall account for the money recovered. The collector may, if authorized by the court, take possession of, hold, manage, conserve, and control all real estate affected by the will in dispute, and shall discharge, pendente lite, all the duties of an administrator, including the payment of debts. He is liable to an action by a creditor of the deceased and is entitled to the protection of all provisions of law expressly relating to executors and administrators. 49-850 0-66—48

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(b) The collector may be allowed a commission not exceeding 10 per centum on the personal property, debts due the estate, and rentals from real estate actually collected by him. (c) Where the collector is authorized by the court to take possession of the real estate affected by the will or wills in dispute, the letters of collection shall so expressly specify, and his bond as collector, in addition to the several matters set forth in section 20-502, shall specifically include the faithful performance of his duties with respect to the real estate. §20-505. Removal of co-collector for negligence or misconduct; complaint; recovery of loss or damage If a joint collector apprehends that he is in danger of suffering by the negligence or misconduct by a co-collector in the administration or the improper use or misapplication of the assets of the estate, he may apply to the court for relief. Upon adjudging the complaint to be well founded, the court may revoke the powers and authority of the collector so complained of and compel the delivery and surrender to the remaining collector of the assets, books, papers, and evidences of debt, of the estate that may be in the possession or control of the person so dismissed from the administration. The remaining collectors may recover, in a civil action, for any loss or damage they may suffer through the collector whose powers have been revoked. § 20-506. Cessation of powers On the granting of letters testamentary or of administration the power of a collector cease. He shall deliver, on demand, all the property and money of the decedent in his hands and excepted by section 20-504, to the person obtaining the letters, and the latter may be permitted to prosecute suits commenced by the collector as if they had been begun by him, and may also defend suits brought against the collector by a creditor of the deceased. § 20-507. Liability of collector for refusing to deliver estate If a collector neglects or refuses to deliver over the property and estate to the executor or administrator, the court may, by citation and attachment, compel him to do so, and the executor or administrator may also proceed, by civil action, to recover the value of the assets from him and his sureties by action on his bond. CHAPTER 7—INVENTORY OF A S S E T S Sec. 20-701. 20-702, 20-703. 20-704. 20-705. 20-706. 20-707. 20-708.

Inventory; when made; contents; exceptions. Appraisers. Death of appraisers; failure to act. Appraisement; notice; return. Contents of inventory. Exceptions to inventory. Collector's inventory. Co-executor or co-administrator may file inventory if others neglect to do so. §20-701. Inventory; when made; contents; exceptions An executor or administrator who has not filed a special bond provided for by sections 20-304 and 20-333, or a collector shall, within two months after his appointment, or such longer time as the court allows, make and return, upon oath, into court a true inventory of all the personal estate of the deceased which are by law to be administered and which have come to his possession or knowledge. Where the court deems it proper, it may also order him to include in the inventory all the real estate of the deceased.

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§20-702. Appraisers On the granting of letters testamentary or of administration or letters of collection, a warrant, except in the cases provided by sections 20-304 and 20-333, shall issue to two suitable persons not interested in the estate, to appraise the estate of the deceased, known to them or shown to them by the executor, administrator, or collector. They shall severally take and subscribe an oath well and truly, without partiality or prejudice, to value the personal estate and, if so directed, the real estate, of the deceased, as far as these items and properties come to their knowledge, to the best of their skill and judgment. § 20-703. Death of appraisers; failure to act If an appraiser dies, or refuses or neglects to act, another person may be appointed in his stead. § 20-704. Appraisement; notice; return The executor, administrator, collector or appraisers shall give notice to the persons immediately interested in the administration, or at least two of them, if they are numerous, of the time and place of making the appraisement. Thereupon, they shall proceed at that time and place to value the property and estate, setting down each article or item separately, with the value thereof, in dollars and cents. When the appraisement is completed, they shall certify it under their hands and seals, and return it with the inventory. § 20-705. Contents of inventory The inventory shall contain a particular statement of all other securities for the payment of moneys belonging to the deceased, and of all other debts and accounts due him, which are known to the executor, administrator, or collector, who shall designate those debts which he considers good, as distinguished from those which he considers desperate or doubtful, and also an account of all moneys belonging to the deceased which come to his hands. When, after an inventory is returned, assets not therein included come to the knowledge of the executor, administrator, or collector, an additional inventory and appraisement shall be promptly prepared and filed in the same manner. § 20-706. Exceptions to inventory There shall be excepted from the inventory the wearing apparel of the deceased, family pictures, the family Bible, and schoolbooks used in the family, and provisions for the support of the family, on hand at the time of the decedent's death. Where the decedent was the head of a family, or a householder, the property exempt under sections 15-501 to 15-503 shall so continue exempt from all claims against the decedent, and shall be distributed by the court to such members of the family or household as in the judgment of the court the exigencies of the particular case require. § 20-707. Collector's inventory If an inventory is returned by a collector the executor or administrator thereafter administering shall, within two months after his appointment, return either a new inventory in place of the collector's inventory or an acknowledginent in writing that he has received from the collector the articles contained in the first inventory, and consents to be answerable for it, as if the inventory had been made out by him as executor or administrator, unless it appears that he has been prevented from making the return by the improper detention of the personal estate of the deceased by the collector.

77 Stat. 529.

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§20-708. Co-executor or co-administrator may file inventory if others neglect to do so Where there is more than one executor or administrator, any one or more of them, on the neglect of the others, may, if authorized by the court, return an inventory. CHAPTER 9—ASSETS OF ESTATE Sec.

20-901. Assets to be included in inventory and administered. 20-902. Discharge or bequest of debt or demand not valid against creditors; disposition. 20-903. Claims of testator against executor not discharged; disposition; liability of surety. 20-904. Failure of executor to include claims of testator against executor in inventory; remedy. 20-905. Debt due by administrator or collector. § 20-901. Assets to be included in inventory and administered (a) The inventory required by chapter 7 of this title shall include: (1) leases for years; (2) estates for the life of other persons; (3) all goods, wares, merchandise, utensils, and furniture, and things annexed to the freehold which may be removed without prejudice thereto; (4) the growing crop on the land of the deceased; and (5) every other species of personal property, except the clothing of the widow and minor children of the deceased and personal ornaments suitable to their station, and except the property exempted by section 20-706. (b) The items specified by subsection (a) of this section, except those excluded from the inventory by clause (5) thereof, together with the proceeds of real estate sold for the payment of debts, constitute assets to be administered by an executor or administrator. § 20-902. Discharge or bequest of debt or demand not valid against creditors; disposition A discharge or bequest in a will, of a debt or demand of a testator is not valid as against the creditors of the deceased, but constitutes only as a specific bequest of the debt or demand, and the amount thereof shall be included in the inventory of the effects of the deceased and included as an asset for the payment of his debts, if necessary for that purpose, and, if not so necessary, shall be paid in the same manner and proportion as other specific legacies. § 20-903. Claims of testator against executor not discharged; disposition; liability of surety The naming of a person as executor in a will is not a discharge or bequest of a just claim which the testator had against him. The claim shall be included among the credits and effects of the deceased in the inventory, and the executor is liable for it, as for so much money in his hands, at the time the debt or demand becomes due. He shall apply and distribute it, in the payment of debts and legacies and among the next of kin, as part of the personal estate of the deceased. However, the sureties of the executor are not liable where the claim against the executor would have been uncollectible if another person had been executor.

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§ 20-904. Failure of executor to include claims of testator against executor in inventory; remedy If an executor fails to include a claim which the testator had against him in the list of debts due the deceased, a person interested in the administration may allege the failure b^ petition to the Probate Court. The court, with the consent of the parties, may decide the matter, or it may be referred by the parties, with the court's approval; or at the instance of either party the court may direct an issue to be tried hj a jury. If the claim in any such proceedings is decided to be a just claim of the decedent against the executor, the executor shall be charged with the amount thereof as provided by section 20-903. § 20-905. Debt due by administrator or collector In like manner as provided by section 20-903, an administrator or collector shall include a claim against himself, and on his including it, or failure to do so, there shall be the same proceeding as described in section 20-903 or 20-904 with regard to an executor. The rule provided by section 20-903 applies to his sureties. CHAPTER 11—SALE OF ASSETS Sec. 20-1101. 20-1102. 20-1103. 20-1104. 20-1105. 20-1106. 20-1107. 20-1108. 20-1109. 20-1110. 20-1111.

Sale of personal estate. Order for sale. Sale of real estate directed in will; procedure; failure to act. Power of co-executors to sell real estate under will. Survivor of several trustees. Authority of court regarding sales of realty; responsibility for proceeds; restrictions on sales; auditor's report. Bond to prevent sale of real estate. Sale of real estate to satisfy debts and legacies. Sale of property subject to dower. Appointment of trustee to sell real estate; bond. Proceeding by creditors to have real estate sold.

§ 20-1101. Sale of personal estate Where an executor or administrator does not have money sufficient to discharge the just debts of and claims against the decedent, the Probate Court shall, on his application, made after the return of an inventory, direct a sale of the personal property contained therein, or of such part as the court considers proper, and in such manner and on such terms as the court directs. The court may direct a sale if it deems it advantageous to the persons interested in the administration, on the application of any of them. § 20-1102. Order for sale An executor not so authorized by the will, or an administrator, may not sell property of his decedent without an order of the Probate Court. A sale made without a previous order authorizing it is void and does not pass title to the purchaser. If an executor or administrator sells, pledges, or disposes of property without a previous order, his letters may be revoked and an administrator appointed, who shall immediately recover possession of the property; and the removed executor or administrator may be proceeded against by attachment. Where there are two or more executors or administrators, and a sale, pledge, or disposition of property has been made without the consent of all, the revocation extends oiilj to the persons so offending, and

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the remaining executors or administrators may discharge the duties of their office and institute proceedings for the recovery of the property and attachment as provided by this section. § 20-1103. Sale of real estate directed in will; procedure; failure to act Where a testator has directed his real estate to be sold for the payment of his debts or legacies, the executor may sell and convey it, and shall account for the proceeds of the sale to the Probate Court in the same manner as for the proceeds of personal estate. Such a sale is not valid unless it is ratified by the court after notice given by publication according to the practice in equity. If the executor refuses or declines to act, or dies without executing the power vested in him, the court, on the application of a person interested, may appoint an administrator de bonis non with the will annexed to execute the power in the same manner in which the executor appointed by the will might have done. §20-1104. Power of co-executors to sell real estate under will Where a power to sell lands, tenements, or other hereditaments is given by a will to executors as such, and a person named as executor refuses, after the death of the testator, to act or accept the trust, sales under the power made by the executors who qualify and accept the trust are as effectual in law as if the other executors had joined in the sale. § 20-1105. Survivor of several trustees Where two or more trustees are appointed by the will to execute a trust, or are empowered to sell, dispose of, or convey lands or other property devised to them jointly, upon the death of any one or more of them the survivors may execute the trust or power. If one of the trustees, in writing, signed by him and attested by a witness, relinquishes or disclaims the trust or refuses to act under the will, and delivers the writing to the Probate Court for record, his right to act ceases, and the remaining trustees appointed by the will may execute the trusts of the will and make sales and execute conveyances and other acts necessary for that purpose. § 20-1106. Authority of court regarding sales of realty; responsibility for proceeds; restrictions on sales; auditor's report The Probate Court has plenary authority to administer the real estate situated in the District of Columbia of decedents as far as may be necessary for the payment of funeral expenses, debts, costs of administration, and estate, inheritance and succession taxes, and legacies, and to distribute among those entitled thereto the surplus proceeds of sales of real estate made in the course of the administration. The bonds of executors and administrators are responsible for the proceeds of sale of real estate sold by them under the order of the court for purposes of administration. A sale of real estate may not be made unless it is required for the purposes of paying the above-mentioned charges and such legacies as are chargeable upon the real estate, or until the auditor of the court has ascertained and reported those debts and legacies, the deficiency of personal assets, and the real estate necessary to be sold for the payment of the charges and legacies. Objections to the report may be filed, heard and determined as provided by rules of court.

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§ 20-1107. Bond to prevent sale of real estate An order for the sale of real estate may not be granted if a person interested in the estate gives bond to the United States, with security to be approved by the Probate Court, conditioned to pay all the debts, or legacies, or both, as the case may be, that shall eventually be found due, and the costs of administration. § 20-1108. Sale of real estate to satisfy debts and legacies Where the Probate Court is satisfied, upon a report of the auditor, that it is necessary to sell the real estate, or a part thereof, it shall authorize the executor or administrator to sell the property, or so much thereof as may be necessary for the payment of the debts or legacies, or both, on such terms as the court directs. Any surplus of the proceeds of the sale, after payment of debts and legacies and costs of administration, is deemed real estate, and shall be distributed among the heirs or devisees as their interests may appear. § 20-1109. Sale of property subject to dower Where there is a surviving spouse entitled to dower in the real estate of the decedent, the Probate Court, before authorizing a sale of the real estate, shall issue a commission to one or more suitable persons to set off and assign the dower out of the estate, and the dower shall be so assigned. If the court finds that the surviving spouse's dower cannot be set off without injury to the property, if he consents thereto by answer to the petition, the real estate may be sold free of the dower, and the surviving spouse shall receive out of the proceeds a commutation of dower according to the practice in equity. § 20-1110. Appointment of trustee to sell real estate; bond When a person dies having devised real estate to be sold, without having appointed a trustee to sell the property, or if the person so appointed neglects or refuses to execute the trust, or dies before the execution of the trust, the United States District Court for the District of Columbia may, on the application of a person interested, appoint a trustee to sell and convey the property and apply the proceeds of sale to the purposes intended. Where a trustee is appointed by last will to execute a trust, and a person interested in the execution of the trust makes it appear that it is necessary for the safety of those interested therein that the trustee should give bond and security for the due execution of the trust, the Court may order and direct that a bond be given by the trustee by a day named, and on failure of the trustee to give the bond, with security to be approved by the court as directed, the court may displace the trustee and appoint another in his stead, who shall give the bond. The bond shall be given to the United States and may be sued on for the use of a person interested. § 20-1111. Proceeding by creditors to have real estate sold When a person dies leaving real estate in possession, remainder, or reversion, and not leaving personal estate sufficient to pay his debts, the Court, on a suit instituted by any of his creditors, may decree that all the real estate left by the person, or so much thereof as may be necessary, be sold to pay the charges mentioned in section 20-1106. This section applies whether the heirs or devisees are residents or nonresidents, are of full age or infants, and are of sound mind or are insane, and also where the deceased left no heirs or it is not known whether he left heirs or devisees or the heirs or devisees are uknown. WTiere there are no known heirs the United States attorney for the District of Columbia shall be notified of the suit and appear therein.

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CHAPTER 13—CLAIMS OF CREDITORS Sec. 20-1301. Debts to be proved. 20-1302. Judgment or decree; voucher or proof. 20-1303. Bond, note, check, protested bill of exchange; original or copy of instrument to constitute voucher. 20-1304. Proof by assignee. 20-1305. Proof of commercial papers, 20-1306. Claims for rent. 20-1307. Open account. 20-1308. Claims outside of District. 2(V-1309. Executor's or administrator's claim to be under oath. 20-1310. Plea of limitations within discretion of executor or administrator. 20-1311. Claims may be rejected and disputed. 20-1312. Passing of claims not conclusive. 20-1313. Payment of claims. 20-1314. Notice of distribution. 20-1315. Retaining for claims. 20-1316. Executor or administrator to withhold amount claimed pending litigation. 20-1317. Claims of executors and administrators to be passed by Court. 20-1318. Period during which creditors may file suit after claim is contested. 20-1319. Executor or administrator not responsible for claims made after distribution. 20-1320. Notice to creditors to file claims. 20-1321. Report and proof of notice. 20-1322. Report of notice as prima facie evidence; copy as legal evidence. 20-1323. Docket of claims. 20-1324. Filed claim no evidence of correctness if disputed; filing as tolling limitations. 20-1325. Priorities. 20-1326. No claim to be noticed unless legally authenticated. 20-1327. Meeting of creditors. 20-1328. Distribution of residue. 20-1329. Creditors' rights against property of nonresident decedent; limitation.

§ 20-1301. Debts to be proved An executor or administrator may not discharge a claim against his decedent, otherwise than at his own risk, unless it is first passed by the Probate Court or is proved according to the rules prescribed by this chapter. § 20-1302. Judgment or decree; voucher or proof The voucher or proof of a judgment or decree shall be a short copy thereof under seal, attested by the clerk of the court where it was obtained, who shall certify that the judgment or decree has not been satisfied. There shall likewise be a certificate of a person authorized to administer oaths, indorsed on or annexed to a statement of the debt due on the judgment or decree, that the creditor or his agent since the death of the deceased has taken before him the following oath: ''That the creditor has not received any part of the sum for which the judgment or decree was passed except such part (if any) as is credited". Where the creditor on the judgment or decree is an assignee of the person who obtained it, the oath shall continue, as follows: "and that to the best of his knowledge or belief no other person has received any part of the sum except such part (if any) as is credited". An assignee shall also produce the assignment under the hand of the assignor. Where there is more than one assignment, each assignment shall be produced under the hand of the party assigning. §20-1303. Bond, note, check, protested bill of exchange; original or copy of instrument to constitute voucher I n case of a specialty, bond, note, check, or protested bill of exchange, the vouchers shall be the instrument of writing itself, or a proved copy in case it is lost, with a certificate of the oath taken as prescribed by section 20-1302 since the death of the decedent and indorsed on or annexed to the instrument, or a statement of the claim "that no part

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of the money intended to be secured by the instrument has been received or any security or satisfaction given for it except what (if any) is credited.". § 20-1304. Proof by assignee Where the creditor in an instrument specified by section 20-1303 is an assignee, the creditor or agent shall take and subscribe the same oath, according to the best of his knowledge and belief, with respect to any payments prior to the time of the assignment. § 20-1305. Proof of commercial papers Where the claim consists of a bill of exchange or other commercial paper, the protest or whatever would be required, if the deceased were alive, is necessary to justify an executor or administrator in making payment or distribution. § 20-1306. Claims for rent Where the claim is for rent, there shall be produced the lease itself, or the deposition of a credible witness, or an acknowledgment in writing of the deceased, establishing the contract and the time which has elapsed during which rent was chargeable, and a statement of the sum due for the rent, with an oath of the creditor or agent indorsed thereon "that no part of the sum due for the rent or any security or satisfaction for the same has been received except what (if any) is credited.". The proof of a claim for rent in arrears, in order to render the claim a preferred claim, shall be the proofs and vouchers for rent specified by this section, and proof that the claim is such that an attachment therefor might be levied on the deceased's goods and chattels in the hands of the administrator. The preference given for rent does not impair the landlord's right of attachment where he believes it proper to exercise the right. § 20-1307. Open account The vouchers or proofs of a claim on open account shall be a certificate of an oath taken by the creditor or agent since the death of the decedent, indorsed on or annexed to the account, that the account as stated is just and true, and that he, the creditor, or any one for him, has not received any part of the money stated to be due or any security or satisfaction for it except what (if any) is credited. § 20-1308. Claims outside of District When an affidavit or deposition to prove claims has been taken out of the District of Columbia, it is valid if taken and certified by a notary public as provided by this chapter, or by a person there authorized to administer oaths, and certified to be such under the seal of the clerk of a court of record, or by an officer having official cognizance of the fact, and the oath shall be as available as if taken before an officer authorized to administer oaths within the District of Columbia. The additional certificate specified by this section is not required as to notaries public within the United States or a place under the jurisdiction thereof when the seal of the notary is attached. § 20-1309. Executor's or administrator's claim to be under oath Where a creditor is an executor or an administrator his claim may not be received, although vouched and approved as provided by this chapter, unless he makes oath, to be certified as provided by this chapter, "that it does not appear from any book or writing of his decedent that any part of the claim has been discharged except what (if any) is credited, and that to the best of the deponent's knowledge and belief no part of the claim has been discharged and jio security or satisfaction given for it except what (if any) is credited.".

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