District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0538 Compare Versions

Version 1 (Old)

Version 2 (New)

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6		-	AN ACT
7		-
8		-	___________
9		-
10		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
11		-
12		-	___________
13		-
14		-	To amend Title 1 5 of the District of Columbia Official Code to provide absolute fee waivers for
15		-	relevant personal representatives; to amend Title 19 of the District of Columbia Official
16		-	Code to raise the exempt property allowance to $20,000, to eliminate the exempt property allowance for disinherited adult children, and to raise the Homestead allowance for
17		-	survivors to $30,000; to amend Title 20 of the District of Columbia Official Code to expand the definition of a small estate to include estates valued up to $80,000, to replace
18		-	the term “standard probate” with “formal probate”, to allow for a hybrid process for
19		-	issuing letters of appointment, to reduce the publication requirement for notice of probate from 3 consecutive weeks to 2, to raise the family allowance to $30,000, to permit
20		-	transfer by affidavit for small estates, and to increase allowable reimbursement rates for funeral expenses; to amend Title 47 of the District of Columbia Official Code to extend
21		-	the homestead deduction and senior tax credit to one year; and to amend the Secure DC
22		-	Omnibus Amendment Act of 2024 to make changes to the applicability section .
23		-
24		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
25		-	act may be cited as the “Strengthening Probate Administration Amendment Act of 2024”.
26		-
27		-	Sec. 2. Section 15-712 of the District of Columbia Official Code is amended by adding a
28		-	new subsection (i) to read as follows:
29		-	“(i) The Probate Division of the Superior Court of the District of Columbia shall not
30		-	require the payment of court costs on behalf of a decedent’s estate:
31		-	“(1) At any time during which a litigant for whom the Court granted a waiver of
32		-	fees and costs or security is serving as the personal representative of the decedent’s estate; or
33		-	“(2) After the closure of an estate.”.
34		-
35		-	Sec. 3. Title 19 of the District of Columbia Code is amended as follows:
36		-	(a) Section 19-101.02 is amended by striking the phrase “$15,000” both times it appears
37		-	and inserting the phrase “$30,000” in its place.
38		-	(b) Section 19-101.03 is amended to read as follows:
39		-	“§19-101.03. Exempt property. ENROLLED ORIGINAL
	6	+	A BILL 1
	7	+	2
	8	+	25-538 3
	9	+	4
	10	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	11	+	6
	12	+	______________ 7
	13	+	8 To amend Title 15 of the District of Columbia Official Code to provide absolute fee waivers for 9
	14	+	relevant personal representatives; to amend Title 19 of the District of Columbia Official 10
	15	+	Code to raise the exempt property allowance to $20,000, to eliminate the exempt property 11
	16	+	allowance for disinherited adult children, and to raise the Homestead allowance for 12
	17	+	survivors to $30,000; to amend Title 20 of the District of Columbia Official Code to expand 13
	18	+	the definition of a small estate to include estates valued up to $80,000, to replace the term 14
	19	+	“standard probate” with “formal probate,” to allow for a hybrid process for issuing letters 15
	20	+	of appointment, to reduce the publication requirement for Notice of Probate from 3 16
	21	+	consecutive weeks to 2, to raise the family allowance to $30,000, to permit transfer by 17
	22	+	affidavit for small estates, and to increase allowable reimbursement rates for funeral 18
	23	+	expenses; and to amend Title 47 of the District of Columbia Official Code to extend the 19
	24	+	Homestead Deduction and Senior Tax Credit to one year; and to amend the applicability 20
	25	+	section of the Secure DC Omnibus Amendment Act of 2024. 21
	26	+	22
	27	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA , That this 23
	28	+	act may be cited as the “Strengthening Probate Administration Amendment Act of 2024”. 24
	29	+	Sec. 2. Section 15- 712 of the District of Columbia Official Code is amended by adding a 25
	30	+	new subsection (i) to read as follows: 26
	31	+	“(i) The Probate Division of the Superior Court of the District of Columbia shall not require 27
	32	+	the payment of court costs on behalf of a decedent’s estate: 28
	33	+	“(1) At any time during which a litigant for whom the Court granted a waiver of 29
	34	+	fees and costs or security is serving as the personal representative of the decedent’s estate; or 30
	35	+	“(2) After the closure of an estate.”. 31
	36	+	Sec. 3. Title 19 of the District of Columbia Code is amended as follows: 32 ENGROSSED ORIGINAL
40	37
41	38
42	39
43	40		2
44		-	“(a) In addition to the homestead allowance, the decedent’s surviving spouse or surviving
45		-	domestic partner is entitled from the estate to a value, not exceeding $20,000 in excess of any
46		-	security interests therein, in household furniture, automobiles, furnishings, appliances, and
47		-	personal effects.
48		-	“(b)(1) If there is no surviving spouse or surviving domestic partner, the decedent’s
49		-	surviving children are entitled jointly to the same value.
50		-	“(2) If a written last will and testament does not bequeath anything to the
51		-	decedent’s surviving children or does not express an intention to benefit the decedent’s surviving
52		-	children, then the exempt property allowance shall be eliminated for the decedent’s surviving
53		-	children.
54		-	“(c) If encumbered chattels are selected and the value in excess of security interests, plus
55		-	that of other exempt property, is less than $20,000, or if there is not $20,000 worth of exempt
56		-	property in the estate, the spouse, domestic partner, or children are entitled to other assets of the
57		-	estate, if any, except for real property, to the extent necessary to make up the $20,000 value.
58		-	“(d) Rights to exempt property have priority over all claims against the estate, except the
59		-	homestead allowance, the family allowance, and as provided in § 20- 906.
60		-	“(e) These rights are in addition to any benefit or share passing to the surviving spouse,
61		-	surviving domestic partner, or surviving children by the decedent’s will, unless otherwise
62		-	provided by intestate succession or by way of elective share.” .
63		-	(c) Section 19-101.05(a) is amended by striking the phrase “$15,000” and inserting the
64		-	phrase “$30,000” in its place.
65		-
66		-	Sec. 4. Title 20 of the District of Columbia Code is amended as follows.
67		-	(a) Section 20-101(r) is amended by striking the phrase “Standard probate” and inserting
68		-	the phrase “Formal probate” in its place.
69		-	(b) Section 20- 103 is amended by adding a new subsection (f) to read as follows:
70		-	“(f) Waiver of notice. — A person may waive the right to any notice or may consent to
71		-	any matter. The waiver or consent shall set forth the specific matter that is the subject of the
72		-	waiver or consent, be signed, and be filed with the Court and served on the personal
73		-	representative. A person may revoke a waiver or consent at any time by filing a revocation with
74		-	the Court and serving it on the personal representative. The revocation shall have prospective
75		-	effect only.”.
76		-	(c) Section 20-301 is amended by striking the phrase “standard probate proceeding” and
77		-	inserting the phrase “formal probate proceeding” in its place.
78		-	(d) Section 20- 303 is amended by a new subsection (c- 1) to read as follows:
79		-	“(c-1) Appointment by Nomination. — Subject to subsections (a) and (b) of this
80		-	section, the heirs of an intestate decedent or the legatees of a testate decedent may nominate by
81		-	writing a person to act as personal representative. A person may renounce his or her right to
82		-	nominate, to be nominated, or to be appointed by filing an appropriate writing with the Court .
83		-	The Register of Wills may prescribe the form by which such nomination shall occur.”. ENROLLED ORIGINAL
	41	+	(a) Section 19- 101.02 is amended by striking the phrase “$15,000” both times it appears 33
	42	+	and inserting the phrase “$30,000” in its place. 34
	43	+	(b) Section 19- 101.03 is amended to read as follows: 35
	44	+	“§19-101.03. Exempt property. 36
	45	+	“(a) In addition to the homestead allowance, the decedent’s surviving spouse or surviving 37
	46	+	domestic partner is entitled from the estate to a value, not exceeding $20,000 in excess of any 38
	47	+	security interests therein, in household furniture, automobiles, furnishings, appliances, and 39
	48	+	personal effects. 40
	49	+	“(b)(1) If there is no surviving spouse or surviving domestic partner, the decedent’s 41
	50	+	surviving children are entitled jointly to the same value. 42
	51	+	“(2) If a written last will and testament does not bequeath anything to the decedent’s 43
	52	+	surviving children, or does not express an intention to benefit the decedent’s surviving children, 44
	53	+	then the exempt property allowance shall be eliminated for the decedent’s surviving children. 45
	54	+	“(c) If encumbered chattels are selected and the value in excess of security interests, plus 46
	55	+	that of other exempt property, is less than $20,000, or if there is not $20,000 worth of exempt 47
	56	+	property in the estate, the spouse, domestic partner, or children are entitled to other assets of the 48
	57	+	estate, if any, except for real property, to the extent necessary to make up the $20,000 value. 49
	58	+	“(d) Rights to exempt property have priority over all claims against the estate, except the 50
	59	+	homestead allowance, the family allowance, and as provided in § 20- 906. 51 ENGROSSED ORIGINAL
84	60
85	61
86	62
87	63		3
88		-	(e) Section 20-304(e) is amended by striking the phrase “standard probate” both times it
89		-	appears and inserting the phrase “formal probate” in its place.
90		-	(f) Section 20- 311 is amended to read as follows:
91		-	“§ 20- 311. Nature of proceeding.
92		-	“(a) Upon request for abbreviated probate contained in a petition for probate, the Register
93		-	of Wills:
94		-	“(1) May admit a will to probate; and
95		-	“(2) Shall appoint one or more personal representatives based on the statements
96		-	contained in the petition for probate.
97		-	“(b) The Register of Wills may require additional verified proof, which shall be filed in
98		-	the proceeding.
99		-	“(c) The finality of abbreviated probate shall be governed by § 20- 331.”.
100		-	(g) The subchapter heading for Subchapter III of Chapter 3 is amended by striking the
101		-	phrase “Standard Probate” and inserting the phrase “Formal Probate” in its place.
102		-	(h) Section 20- 321 is amended by striking the phrase “standard probate” wherever it
103		-	appears and inserting the phrase “formal probate” in its place.
104		-	(i) The lead-in language of section 20- 322 is amended by striking the phrase “standard
105		-	probate” and inserting the phrase “formal probate” in its place.
106		-	(j) Section 20- 323 is amended as follows:
107		-	(1) The section heading is amended by striking the phrase “standard probate” and
108		-	inserting the phrase “formal probate” in its place.
109		-	(2) Subsection (a) is amended to read as follows:
110		-	“(a) When given. – A person filing a petition for formal probate shall promptly give
111		-	notice to all known interested persons. In addition, the petitioner shall publish a notice once a
112		-	week for 2 successive weeks in a legal periodical of general circulation in the District or in any
113		-	other publication the Court may provide by Rule.”.
114		-	(k) Section 20- 324 is amended as follows:
115		-	(1) The lead-in language is amended by striking the phrase “standard probate” and
116		-	inserting the phrase “formal probate” in its place.
117		-	(2) Paragraph (2) is amended by striking the phrase “standard probate” and
118		-	inserting the phrase “formal probate” in its place.
119		-	(l) Section 20- 331 is amended as follows:
120		-	(1) The section heading is amended by striking the phrase “standard probate” and
121		-	inserting the phrase “formal probate” in its place.
122		-	(2) Subsection (a) is amended by striking the phrase “standard probate” and
123		-	inserting the phrase “formal probate” in its place.
124		-	(3) Subsection (b) is amended by striking the phrase “ standard probate” and
125		-	inserting the phrase “formal probate” in its place.
126		-	(m) Section 20- 343(a) is amended by striking the phrase “3 successive weeks a notice in
127		-	a newspaper of general circulation in the District of Columbia and” and inserting the phrase “2
128		-	successive weeks a notice in a legal periodical of general circulation in the District or” in its ENROLLED ORIGINAL
	64	+	“(e) These rights are in addition to any benefit or share passing to the surviving spouse, 52
	65	+	surviving domestic partner, or surviving children by the decedent’s will, unless otherwise provided 53
	66	+	by intestate succession or by way of elective share.”. 54
	67	+	(c) Section 19- 101.05(a) is amended by striking the phrase “$15,000” and inserting the 55
	68	+	phrase “$30,000” in its place. 56
	69	+	Sec. 4. Title 20 of the District of Columbia Code is amended as follows. 57
	70	+	(a) Section 20- 101(r) is amended by striking the phrase “Standard probate” and inserting 58
	71	+	the phrase “Formal probate” in its place. 59
	72	+	(b) Section 20- 103 is amended by adding a new subsection (f) to read as follows: 60
	73	+	“(f) Waiver of notice. — A person may waive the right to any notice or may consent to 61
	74	+	any matter. The waiver or consent shall set forth the specific matter that is the subject of the waiver 62
	75	+	or consent, be signed, and be filed with the Court and served on the personal representative. A 63
	76	+	person may revoke a waiver or consent at any time by filing a revocation with the Court and serving 64
	77	+	it on the personal representative. The revocation shall have prospective effect only.”. 65
	78	+	(c) Section 20- 301 is amended by striking the phrase “standard probate proceeding” and 66
	79	+	inserting the phrase “formal probate proceeding” in its place. 67
	80	+	(d) Section 20- 303 is amended by a new subsection (c- 1) to read as follows: 68
	81	+	“(c-1) Appointment by Nomination. — Subject to subsections (a) and (b) of this section, 69
	82	+	the heirs of an intestate decedent or the legatees of a testate decedent may nominate by writing a 70
	83	+	person to act as personal representative. A person may renounce his or her right to nominate, to be 71 ENGROSSED ORIGINAL
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130	85
131	86
132	87		4
133		-	place. (n) Section 20- 351 is amended by striking the phrase “$40,000” and inserting the phrase
134		-	“$80,000” in its place.
135		-	(o) A new subchapter VII of Chapter 3 is added to read as follows:
136		-	“Subchapter VII. Transfers by affidavit.
137		-	“§ 20-360. Definitions.
138		-	“For the purposes of this subchapter, the term :
139		-
140		-	“(1) “Designated successor” means one w ho shall have a fiduciary duty to
141		-	safeguard and promptly pay or deliver the small asset as required by District law.
142		-
143		-	“(2) “Person” means any individual, corporation, business trust, fiduciary, estate,
144		-	trust, partnership, limited liability company, association, joint venture, government,
145		-	governmental subdivision, agency, or instrumentality, public corporation, or any other legal or
146		-	commercial entity.
147		-
148		-	“(3) “Small asset” means any indebtedness owed to or any asset belonging or
149		-	presently distributable to the decedent, other than real property. The term “small asset” includes
150		-	any bank account, savings institution account, credit union account, brokerage account, security,
151		-	deposit, tax refund, overpayment, item of tangible personal property, or an instrument evidencing
152		-	a debt, obligation, stock, or chose in action.
153		-
154		-	“(4) “Successor” means any person, other than a creditor, who is entitled under
155		-	the decedent's will or the laws of intestacy to part or all of a small asset.
156		-	“§ 20- 361. Payment or delivery of small asset by affidavit.
157		-	“(a) Any person having possession of a small asset shall pay or deliver the small asset to
158		-	the designated successor of the decedent upon being presented an affidavit made by all of the
159		-	known successors stating:
160		-	“(1) The value of the decedent's entire probate estate, less liens and
161		-	encumbrances, as of the date of the decedent's death, wherever located, exceeds the estate’s
162		-	known liabilities but does not exceed $40,000
163		-	, and that such estate does not include an interest in
164		-	real property;
165		-	“(2) At least 60 days have elapsed since the decedent's death as shown in a
166		-	certified copy of the decedent’s death certificate attached to the affidavit;
167		-	“(3) No application for the appointment of a personal representative is pending or
168		-	has been granted in any jurisdiction;
169		-	“(4) The decedent's will, if any, was duly admitted to probate;
170		-	“(5) The funeral expenses of the decedent have been paid;
171		-	“(6) The names and addresses of all successors, to the extent known, and the
172		-	amount, proportion, or percentage of the small asset to which each successor is entitled;
173		-	“(7) The name of each successor designated to receive payment or delivery of the
174		-	small asset on behalf of any other successor, the grounds for such representation, and that each
175		-	designated successor shall have a fiduciary duty to safeguard and promptly pay or deliver the
176		-	small asset as required by District law ; and ENROLLED ORIGINAL
	88	+	nominated, or to be appointed by filing an appropriate writing with the Court . The Register of 72
	89	+	Wills may prescribe the form by which such nomination shall occur.”. 73
	90	+	(e) Section 20-304(e) is amended by striking the phrase “standard probate” both times it 74
	91	+	appears and inserting the phrase “formal probate” in its place. 75
	92	+	(f) Section 20- 311 is amended to read as follows: 76
	93	+	“§ 20- 311. Nature of proceeding. 77
	94	+	“(a) Upon request for abbreviated probate contained in a petition for probate, the Register 78
	95	+	of Wills: 79
	96	+	“(1) May admit a will to probate; and 80
	97	+	“(2) Shall appoint one or more personal representatives based on the statements 81
	98	+	contained in the petition for probate. 82
	99	+	“(b) The Register of Wills may require additional verified proof, which shall be filed in the 83
	100	+	proceeding. 84
	101	+	“(c) The finality of abbreviated probate shall be governed by § 20- 331.”. 85
	102	+	(g) The subchapter heading for Subchapter III of Chapter 3 is amended by striking the 86
	103	+	phrase “Standard Probate” and inserting the phrase “Formal Probate” in its place. 87
	104	+	(h) Section 20- 321 is amended by striking the phrase “standard probate” wherever it 88
	105	+	appears and inserting the phrase “formal probate” in its place. 89
	106	+	(i) The lead-in language of section 20- 322 is amended by striking the phrase “standard 90
	107	+	probate” and inserting the phrase “formal probate” in its place. 91
	108	+	(j) Section 20- 323 is amended as follows: 92 ENGROSSED ORIGINAL
177	109
178	110
179	111
180	112		5
181		-	“(8) The person named as successor to the small asset under the affidavit swears
182		-	or affirms that all statements in the affidavit are true and material, under penalty of perjury
183		-	pursuant to § 22- 2402.
184		-	“(b) The designated successor may discharge his fiduciary duty to promptly pay or
185		-	deliver the small asset to a successor who is, or is reasonably believed to be, incapacitated or
186		-	under a legal disability, by paying or delivering the asset directly to the incapacitated or disabled
187		-	successor or applying it for such successor's benefit, or by:
188		-	“(1) Paying it to the guardian or conservator of such successor’s property or, if no
189		-	such guardian or conservator exists, the guardian of such successor’s person;
190		-	“(2) Paying it to such successor's custodian under Chapter 3 of Title 21 or
191		-	custodial trustee under Chapter 11 of Title 19, and, for that purpose, creating a custodianship or
192		-	custodial trust;
193		-	“(3) If the designated successor does not know of a conservator, guardian,
194		-	custodian, or custodial trustee, paying it to an adult relative or other person having legal or
195		-	physical care or custody of such successor to be expended on such successor's behalf; or
196		-	“(4) Managing it as a separate fund on such successor's behalf, subject to such
197		-	successor's continuing right to withdraw the asset.
198		-	“(c) A transfer agent of any security, upon the surrender of the certificates, if any,
199		-	evidencing the security, shall change the registered ownership on the books of a corporation
200		-	from the decedent to the designated successor upon the presentation of an affidavit as provided
201		-	in subsection (a) of this section .
202		-	“(d) The Department of Motor Vehicles shall transfer title of a motor vehicle from the
203		-	decedent to the designated successor upon the presentation of an affidavit as provided in
204		-	subsection (a) of this section and payment of any necessary fees.
205		-	“(e)(1) Upon the presentation of an affidavit as provided in subsection (a) of this section ,
206		-	the designated successor may endorse or negotiate any small asset that is a check, draft, or other
207		-	negotiable instrument that is payable to the decedent or the decedent's estate.
208		-	“(2) Notwithstanding the provisions of §§ 28:3- 403, 28:3- 417, and 28:3- 420, a
209		-	financial institution accepting such check, draft, or other negotiable instrument presented for
210		-	deposit in such manner is discharged from all claims for the amount accepted.
211		-	“(f) For purposes of subsection (a) of this section , a distributee shall have the same rights
212		-	as a personal representative under Chapter 25 of Title 21 to access a digital asset of the decedent.
213		-	“§ 20- 362. Effect of affidavit.
214		-	“(a)(1) Any person paying or delivering a small asset pursuant to § 20- 361 shall be
215		-	discharged and released to the same extent as if that person dealt with the personal representative
216		-	of the decedent.
217		-	“(2) Such person shall not be required to see the application of the small asset or
218		-	to inquire into the truth of any statement in any affidavit.
219		-	“(b) If any person to whom such an affidavit is presented refuses to pay or deliver any
220		-	small asset, the small asset may be recovered, or its payment or delivery compelled, and damages ENROLLED ORIGINAL
	113	+	(1) The section heading is amended by striking the phrase “standard probate” and 93
	114	+	inserting the phrase “formal probate” in its place. 94
	115	+	(2) Subsection (a) is amended to read as follows: 95
	116	+	“(a) When given. – A person filing a petition for formal probate shall promptly give notice 96
	117	+	to all known interested persons. In addition, the petitioner shall publish a notice once a week for 2 97
	118	+	successive weeks in a legal periodical of general circulation in the District or in any other 98
	119	+	publication the Court may provide by Rule.”. 99
	120	+	(k) Section 20- 324 is amended as follows: 100
	121	+	(1) The lead-in language is amended by striking the phrase “standard probate” and 101
	122	+	inserting the phrase “formal probate” in its place. 102
	123	+	(2) Paragraph (2) is amended by striking the phrase “standard probate” and 103
	124	+	inserting the phrase “formal probate” in its place. 104
	125	+	(l) Section 20- 331 is amended as follows: 105
	126	+	(1) The section heading is amended by striking the phrase “standard probate” and 106
	127	+	inserting the phrase “formal probate” in its place. 107
	128	+	(2) Subsection (a) is amended by striking the phrase “standard probate” and 108
	129	+	inserting the phrase “formal probate” in its place. 109
	130	+	(3) Subsection (b) is amended by striking the phrase “standard probate” and 110
	131	+	inserting the phrase “formal probate” in its place. 111
	132	+	(m) Section 20- 343(a) is amended by striking the phrase “3 successive weeks a notice in a 112
	133	+	newspaper of general circulation in the District of Columbia and” and inserting the phrase “2 113 ENGROSSED ORIGINAL
221	134
222	135
223	136
224	137		6
225		-	may be recovered, on proof of rightful claim in a proceeding brought for that purpose by or on
226		-	behalf of the person entitled thereto.
227		-	“(c)(1) If a person or entity holding property of a decedent refuses to honor an affidavit
228		-	without reasonable cause, such person or entity shall be liable for all costs, including reasonable
229		-	attorney fees and costs, incurred by or on behalf of the persons entitled to such property.
230		-	“(2) The person to whom an affidavit was delivered shall bear the burden of
231		-	proving reasonable cause by a preponderance of the evidence.
232		-	“(d) Any person to whom payment or delivery of a small asset has been made shall be
233		-	answerable and accountable therefor to any personal representative of the decedent's estate or to
234		-	any other successor having an equal or superior right.”.
235		-	(p) Section 20- 527 is amended by striking the phrase “standard probate” wherever it
236		-	appears and inserting the phrase “formal probate” in its place.
237		-	(q) Section 20- 701(b) is amended by striking the phrase “standard probate” both times it
238		-	appears and inserting the phrase “formal probate” in its place.
239		-	(r) Section 20-704 is amended by striking the phrase “publish a notice of the appointment
240		-	in a newspaper of general circulation in the District of Columbia and any other publication the
241		-	Court may order or provide by Rule once a week for 3 successive weeks” and inserting the
242		-	phrase “publish a notice of the appointment in a legal periodical of general circulation in the
243		-	District or any other publication as the Court may provide by Rule once a week for 2 successive
244		-	weeks” in its place.
245		-	(s) Section 20- 741(16) is amended by striking the phrase “$5,000” and inserting the
246		-	phrase “$15,000” in its place.
247		-	(t) Section 20- 906(a)(2) is amended by striking the phrase “$1,500” and inserting the
248		-	phrase “$5,000” in its place.
249		-	(u) Section 20- 907 is amended by striking the phrase “$1,500 according to the condition
250		-	and circumstances of the decedent, but in no event shall such allowance exceed $5,000” and
251		-	inserting the phrase “$5,000 according to the condition and circumstances of the decedent, but in
252		-	no event shall such allowance exceed $15,000” in its place.
253		-
254		-	Sec. 5. Title 47 of the District of Columbia Official Code is amended as follows:
255		-	(a) Section 47-850.02(b) is amended as follows:
256		-	(1) Paragraph (1) is amended by striking the phrase “30 days” and inserting the
257		-	phrase “12 months” in its place.
258		-	(2) A new paragraph (7) is added to read as follows:
259		-	“(7) Notwithstanding paragraphs (1)-(3) of this subsection, if a real property no
260		-	longer qualifies as a homestead as a result of the death of the owner, the following provisions
261		-	shall apply:
262		-	“(A) The applicant, or current owner if there is no applicant, shall notify
263		-	the Mayor of the date of the change in eligibility within 365 days after the owner’s death ; ENROLLED ORIGINAL
	138	+	successive weeks a notice in a legal periodical of general circulation in the District or” in its place. 114
	139	+	(n) Section 20- 351 is amended by striking the phrase “$40,000” and inserting the phrase 115
	140	+	“$80,000” in its place. 116
	141	+	(o) A new subchapter VII of Chapter 3 is added to read as follows: 117
	142	+	“Subchapter VII. Transfers by affidavit. 118
	143	+	“§ 20-360. Definitions. 119
	144	+	“For the purposes of this subchapter, the term :
	145	+	120
	146	+	“(1) “Designated successor” means one w ho shall have a fiduciary duty to 121
	147	+	safeguard and promptly pay or deliver the small asset as required by District law.
	148	+	122
	149	+	“(2) “Person” means any individual, corporation, business trust, fiduciary, estate, 123
	150	+	trust, partnership, limited liability company, association, joint venture, government, governmental 124
	151	+	subdivision, agency, or instrumentality, public corporation, or any other legal or commercial 125
	152	+	entity.
	153	+	126
	154	+	“(3) “Small asset” means any indebtedness owed to or any asset belonging or 127
	155	+	presently distributable to the decedent, other than real property. The term “small asset” includes 128
	156	+	any bank account, savings institution account, credit union account, brokerage account, security, 129
	157	+	deposit, tax refund, overpayment, item of tangible personal property, or an instrument evidencing 130
	158	+	a debt, obligation, stock, or chose in action.
	159	+	131
	160	+	“(4) “Successor” means any person, other than a creditor, who is entitled under the 132
	161	+	decedent's will or the laws of intestacy to part or all of a small asset. 133
	162	+	“§ 20- 361. Payment or delivery of small asset by affidavit. 134 ENGROSSED ORIGINAL
264	163
265	164
266	165
267	166		7
268		-	“(B) The homestead shall continue to the end of the second half year
269		-	following the half year of the death of the owner or 12 months after the death of the owner,
270		-	whichever is latest;
271		-	“(C) Notwithstanding subparagraph (A) of this paragraph, the applicant
272		-	shall not be required to notify the Mayor of the change in eligibility if the real property is
273		-	transferred and continued to qualify as a homestead within 365 days before the property was
274		-	transferred by deed to the new owner; and
275		-	“(D) If the tax is paid within 365 days of the corresponding bill, timely
276		-	notification of the change in eligibility shall preclude assessment of penalty and interest.”.
277		-	(b) Section 47- 863(f) is amended by adding a new paragraph (7) to read as follows:
278		-	“(7) Notwithstanding paragraphs (1)-(3) of this subsection, if a real property no
279		-	longer qualifies as a homestead as a result of the death of the owner, the following provisions
280		-	shall apply:
281		-	“(A) The applicant, or current owner if there is no applicant, shall notify
282		-	the Mayor of the date of the change in eligibility within 365 days after the owner’s death ;
283		-	“(B) The deduction shall continue to the end of the second half year
284		-	following the half year of the death of the owner or 12 months after the death of the owner,
285		-	whichever is latest;
286		-	“(C) Notwithstanding subparagraph (A) of this paragraph, the applicant
287		-	shall not be required to notify the Mayor of the change in eligibility if the real property is
288		-	transferred and continued to qualify for the deduction within 365 days before the property was
289		-	transferred by deed to the new owner; and
290		-	“(D) If the tax is paid within 365 days of the corresponding bill, t imely
291		-	notification of the change in eligibility shall preclude assessment of penalty and interest.”.
292		-
293		-	Sec. 6. Section 45(a)(1) of the Secure DC Omnibus Amendment Act of 2024, effective
294		-	June 8, 2024 (D.C. Law 25- 175; 71 DCR 2732), is amended to read as follows:
295		-
296		-	“(a)(1) The second subsection designated (b) in section 2, and sections 5, 9, 14,
297		-	amendatory subsection (b- 11) in section 28(b)(3), section 32, 33, amendatory section 7 in section
298		-	37, and section 44 shall apply upon the date of inclusion of their fiscal effect in an approved
299		-	budget and financial plan.”.
300		-
301		-	Sec. 7. Applicability.
302		-	(a) Section 5 shall apply upon the date of inclusion of their fiscal effect in an approved
303		-	budget and financial plan.
304		-	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect
305		-	in an approved budget and financial plan and provide notice to the Budget Director of the
306		-	Council of the certification.
307		-	(c)(1) The Budget Director shall cause the notice of the certification to be published in
308		-	the District of Columbia Register. ENROLLED ORIGINAL
	167	+	“(a) Any person having possession of a small asset shall pay or deliver the small asset to 135
	168	+	the designated successor of the decedent upon being presented an affidavit made by all of the 136
	169	+	known successors stating: 137
	170	+	“(1) The value of the decedent's entire probate estate, less liens and encumbrances, 138
	171	+	as of the date of the decedent's death, wherever located, exceeds the estate’s known liabilities but 139
	172	+	does not exceed $40,000
	173	+	, and that such estate does not include an interest in real property; 140
	174	+	“(2) At least 60 days have elapsed since the decedent's death as shown in a certified 141
	175	+	copy of the decedent’s death certificate attached to the affidavit; 142
	176	+	“(3) No application for the appointment of a personal representative is pending or 143
	177	+	has been granted in any jurisdiction; 144
	178	+	“(4) The decedent's will, if any, was duly admitted to probate; 145
	179	+	“(5) The funeral expenses of the decedent have been paid; 146
	180	+	“(6) The names and addresses of all successors, to the extent known, and the 147
	181	+	amount, proportion, or percentage of the small asset to which each successor is entitled; 148
	182	+	“(7) The name of each successor designated to receive payment or delivery of the 149
	183	+	small asset on behalf of any other successor, the grounds for such representation, and that each 150
	184	+	designated successor shall have a fiduciary duty to safeguard and promptly pay or deliver the small 151
	185	+	asset as required by District law ; and 152
	186	+	“(8) The person named as successor to the small asset under the affidavit swears or 153
	187	+	affirms that all statements in the affidavit are true and material, under penalty of perjury pursuant 154
	188	+	to § 22-2402. 155 ENGROSSED ORIGINAL
309	189
310	190
311	191
312	192		8
313		-	(2) The date of publication of the notice of the certification shall not affect the
314		-	applicability of the provision identified in subsection (a) of this section.
315		-
316		-	Sec. 8. Fiscal impact statement.
317		-	The Council adopts the fiscal impact statement in the committee report as the fiscal
318		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
319		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
320		-
321		-	Sec. 9. Effective date.
322		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
323		-	Mayor, action by the Council to override the veto) and a 30-day period of congressional review
324		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
325		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)).
	193	+	“(b) The designated successor may discharge his fiduciary duty to promptly pay or deliver 156
	194	+	the small asset to a successor who is, or is reasonably believed to be, incapacitated or under a legal 157
	195	+	disability, by paying or delivering the asset directly to the incapacitated or disabled successor or 158
	196	+	applying it for such successor's benefit, or by: 159
	197	+	“(1) Paying it to the guardian or conservator of such successor’s property or, if no 160
	198	+	such guardian or conservator exists, the guardian of such successor’s person; 161
	199	+	“(2) Paying it to such successor's custodian under Chapter 3 of Title 21 or custodial 162
	200	+	trustee under Chapter 11 of Title 19, and, for that purpose, creating a custodianship or custodial 163
	201	+	trust; 164
	202	+	“(3) If the designated successor does not know of a conservator, guardian, 165
	203	+	custodian, or custodial trustee, paying it to an adult relative or other person having legal or physical 166
	204	+	care or custody of such successor to be expended on such successor's behalf; or 167
	205	+	“(4) Managing it as a separate fund on such successor's behalf, subject to such 168
	206	+	successor's continuing right to withdraw the asset. 169
	207	+	“(c) A transfer agent of any security, upon the surrender of the certificates, if any, 170
	208	+	evidencing the security, shall change the registered ownership on the books of a corporation from 171
	209	+	the decedent to the designated successor upon the presentation of an affidavit as provided in 172
	210	+	subsection (a) of this section. 173
	211	+	“(d) The Department of Motor Vehicles shall transfer title of a motor vehicle from the 174
	212	+	decedent to the designated successor upon the presentation of an affidavit as provided in subsection 175
	213	+	(a) of this section and payment of any necessary fees. 176 ENGROSSED ORIGINAL
326	214
327	215
328	216
329		-
330		-
331		-	___________________________________
332		-	Chairman
333		-	Council of the District of Columbia
	217	+	9
	218	+	“(e)(1) Upon the presentation of an affidavit as provided in subsection (a) of this section, 177
	219	+	the designated successor may endorse or negotiate any small asset that is a check, draft, or other 178
	220	+	negotiable instrument that is payable to the decedent or the decedent's estate. 179
	221	+	“(2) Notwithstanding the provisions of §§ 28:3- 403, 28:3- 417, and 28:3-420, a 180
	222	+	financial institution accepting such check, draft, or other negotiable instrument presented for 181
	223	+	deposit in such manner is discharged from all claims for the amount accepted. 182
	224	+	“(f) For purposes of subsection (a) of this section , a distributee shall have the same rights 183
	225	+	as a personal representative under Chapter 25 of Title 21 to access a digital asset of the decedent. 184
	226	+	“§ 20- 362. Effect of affidavit. 185
	227	+	“(a)(1) Any person paying or delivering a small asset pursuant to § 20 -361 shall be 186
	228	+	discharged and released to the same extent as if that person dealt with the personal representative 187
	229	+	of the decedent. 188
	230	+	“(2) Such person shall not be required to see the application of the small asset or to 189
	231	+	inquire into the truth of any statement in any affidavit. 190
	232	+	“(b) If any person to whom such an affidavit is presented refuses to pay or deliver any 191
	233	+	small asset, the small asset may be recovered, or its payment or delivery compelled, and damages 192
	234	+	may be recovered, on proof of rightful claim in a proceeding brought for that purpose by or on 193
	235	+	behalf of the person entitled thereto. 194
	236	+	“(c)(1) If a person or entity holding property of a decedent refuses to honor an affidavit 195
	237	+	without reasonable cause, such person or entity shall be liable for all costs, including reasonable 196
	238	+	attorney fees and costs, incurred by or on behalf of the persons entitled to such property. 197 ENGROSSED ORIGINAL
334	239
335	240
336	241
337		-
338		-
339		-	_________________________________
340		-	Mayor
341		-	District of Columbia
	242	+	10
	243	+	“(2) The person to whom an affidavit was delivered shall bear the burden of proving 198
	244	+	reasonable cause by a preponderance of the evidence. 199
	245	+	“(d) Any person to whom payment or delivery of a small asset has been made shall be 200
	246	+	answerable and accountable therefor to any personal representative of the decedent's estate or to 201
	247	+	any other successor having an equal or superior right.”. 202
	248	+	(p) Section 20- 527 is amended by striking the phrase “standard probate” wherever it 203
	249	+	appears and inserting the phrase “formal probate” in its place. 204
	250	+	(q) Section 20- 701(b) is amended by striking the phrase “standard probate” both times it 205
	251	+	appears and inserting the phrase “formal probate” in its place. 206
	252	+	(r) Section 20-704 is amended by striking the phrase “publish a notice of the appointment 207
	253	+	in a newspaper of general circulation in the District of Columbia and any other publication the 208
	254	+	Court may order or provide by Rule once a week for 3 successive weeks” and inserting the phrase 209
	255	+	“publish a notice of the appointment in a legal periodical of general circulation in the District or 210
	256	+	any other publication as the Court may provide by Rule once a week for 2 successive weeks” in 211
	257	+	its place. 212
	258	+	(s) Section 20- 741(16) is amended by striking the phrase “$5,000” and inserting the phrase 213
	259	+	“$15,000” in its place. 214
	260	+	(t) Section 20- 906(a)(2) is amended by striking the phrase “$1,500” and inserting the 215
	261	+	phrase “$5,000” in its place. 216
	262	+	(u) Section 20- 907 is amended by striking the phrase “$1,500 according to the condition 217
	263	+	and circumstances of the decedent, but in no event shall such allowance exceed $5,000” and 218 ENGROSSED ORIGINAL
342	264
343	265
344	266
	267	+	11
	268	+	inserting the phrase “$5,000 according to the condition and circumstances of the decedent, but in 219
	269	+	no event shall such allowance exceed $15,000” in its place. 220
	270	+	Sec. 5. Title 47 of the District of Columbia Official Code is amended as follows: 221
	271	+	(a) Section 47-850.02(b) is amended as follows: 222
	272	+	(1) Paragraph (1) is amended by striking the phrase “30 days” and inserting the 223
	273	+	phrase “12 months” in its place. 224
	274	+	(2) A new paragraph (7) is added to read as follows: 225
	275	+	“(7) Notwithstanding paragraphs (1)-(3) of this subsection, if a real property no 226
	276	+	longer qualifies as a homestead as a result of the death of the owner, the following provisions shall 227
	277	+	apply: 228
	278	+	“(A) The applicant, or current owner if there is no applicant, shall notify the 229
	279	+	Mayor of the date of the change in eligibility within 365 days after the owner’s death ; 230
	280	+	“(B) The homestead shall continue to the end of the second half year 231
	281	+	following the half year of the death of the owner or 12 months after the death of the owner, 232
	282	+	whichever is latest; 233
	283	+	“(C) Notwithstanding sub paragraph (A) of this paragraph, the applicant 234
	284	+	shall not be required to notify the Mayor of the change in eligibility if the real property is 235
	285	+	transferred and continued to qualify as a homestead within 365 days before the property was 236
	286	+	transferred by deed to the new owner; and 237
	287	+	“(D) If the tax is paid within 365 days of the corresponding bill, timely 238
	288	+	notification of the change in eligibility shall preclude assessment of penalty and interest.”. 239 ENGROSSED ORIGINAL
	289	+
	290	+
	291	+
	292	+	12
	293	+	(b) Section 47- 863(f) is amended by adding a new paragraph (7) to read as follows: 240
	294	+	“(7) Notwithstanding paragraphs (1)-(3) of this subsection, if a real property no 241
	295	+	longer qualifies as a homestead as a result of the death of the owner, the following provisions shall 242
	296	+	apply: 243
	297	+	“(A) The applicant, or current owner if there is no applicant, shall notify the 244
	298	+	Mayor of the date of the change in eligibility within 365 days after the owner’s death ; 245
	299	+	“(B) The deduction shall continue to the end of the second half year 246
	300	+	following the half year of the death of the owner or 12 months after the death of the owner, 247
	301	+	whichever is latest; 248
	302	+	“(C) Notwithstanding sub paragraph (A) of this paragraph, the applicant 249
	303	+	shall not be required to notify the Mayor of the change in eligibility if the real property is 250
	304	+	transferred and continued to qualify for the deduction within 365 days before the property was 251
	305	+	transferred by deed to the new owner; and 252
	306	+	“(D) If the tax is paid within 365 days of the corresponding bill, t imely 253
	307	+	notification of the change in eligibility shall preclude assessment of penalty and interest.”. 254
	308	+	Sec. 6. Section 45(a)(1) of the Secure DC Omnibus Amendment Act of 2024, effective 255
	309	+	June 8, 2024 (D.C. Law 25- 175; 71 DCR 2732), is amended to read as follows:
	310	+	256
	311	+	“(a)(1) The second subsection designated (b) in section 2, and sections 5, 9, 14, 257
	312	+	amendatory subsection (b- 11) in section 28(b)(3), section 32, 33, amendatory section 7 in section 258
	313	+	37, and section 44 shall apply upon the date of inclusion of their fiscal effect in an approved budget 259
	314	+	and financial plan.”. 260 ENGROSSED ORIGINAL
	315	+
	316	+
	317	+
	318	+	13
	319	+	Sec. 7. Applicability 261
	320	+	(a) Section 5 shall apply upon the date of inclusion of their fiscal effect in an approved 262
	321	+	budget and financial plan. 263
	322	+	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in 264
	323	+	an approved budget and financial plan and provide notice to the Budget Director of the Council of 265
	324	+	the certification. 266
	325	+	(c)(1) The Budget Director shall cause the notice of the certification to be published in the 267
	326	+	District of Columbia Register. 268
	327	+	(2) The date of publication of the notice of the certification shall not affect the 269
	328	+	applicability of the provisions identified in subsection (a) of this section. 270
	329	+	Sec. 8. Fiscal impact statement. 271
	330	+	The Council adopts the fiscal impact statement in the committee report as the fiscal impact 272
	331	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 273
	332	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 274
	333	+	Sec. 9. Effective date. 275
	334	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 276
	335	+	Mayor, action by the Council to override the veto), a 30- day period of congressional review as 277
	336	+	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 278
	337	+	1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)). 279