Chapter 21. Register of Wills.

§ 11–2101. Continuation of office.

The Office of the Register of Wills shall continue as an office in the Probate Division of the Superior Court.

§ 11–2102. Appointment; oath; qualifications; compensation.

(a) The Superior Court shall appoint and remove the Register of Wills. The Register of Wills shall —

(1) take an oath for the faithful and impartial discharge of the duties of the office; and

(2) seasonably record (A) the decrees and orders of the court in any matters over which the court exercises probate jurisdiction or powers, (B) all wills proved before the Register of Wills or the court, and (C) all other matters directed to be recorded in the court or in the office.

(b) A person may not be appointed the Register of Wills for the District of Columbia unless that person —

(1) is a citizen of the United States;

(2) has been a member of the bar of the District of Columbia for a period of at least five of the ten years immediately before appointment; and

(3) has been actively engaged in the practice of probate law in the District of Columbia or otherwise has broad experience in, or knowledge on the subject of, the administration of the estates of deceased persons in the District of Columbia.

(c) The compensation of the Register of Wills shall be fixed by the Superior Court without regard to chapter 51 and subchapter III of chapter 53 of title 5 [§ 5101 et seq., § 5331 et seq.] of the United States Code but at a rate not to exceed the maximum rate prescribed for GS-16 of the General Schedule.

(July 29, 1970, 84 Stat. 516, Pub. L. 91-358, title I, § 111; June 13, 1994, Pub. L. 103-266, §§ 1(b)(96), (97), 108 Stat. 713; Oct. 18, 2004, 118 Stat. 1345, Pub. L. 108-335, § 329; Oct. 16, 2006, 120 Stat. 2027, Pub. L. 109-356, § 116(a).)

Prior Codifications

1981 Ed., § 11-2102.

1973 Ed., § 11-2102.

Effect of Amendments

Pub. L. 108-335 repealed subsec. (a)(2) which had read as follows: “(2) give bond, with two or more sureties, to be approved by the chief judge of the Superior Court, in the amount designated by the court, faithfully to discharge the duties of the office, and seasonably to record (A) the decrees and orders of the court in any matters over which the court exercises probate jurisdiction or powers, (B) all wills proved before the Register of Wills or the court, and (C) all other matters directed to be recorded in the court or in the office.”

Pub. L. 109-356 made a technical correction to Pub. L. 108-335 that deleted “bond;” from the section heading, substituted “seasonably record” for “give bond, with two or more sureties, to be approved by the chief judge of the Superior Court, in the amount designated by the court, faithfully to discharge the duties of the office, and seasonably to record” in subsec. (a)(2), and deleted the third sentence of subsec. (a) which read as follows: “The bond shall be entered in full upon the minutes of the Superior Court and the original filed with the records of the Superior Court.”

References in Text

The General Schedule, referred to at the end of subsection (c) of this section, appears in 5 U.S.C. § 5332.

Effective Dates

Section 116(c) of Pub. L. 109-356 provided that the amendments made by this section shall take effect as if included in the enactment of the District of Columbia Appropriations Act, 2005 [Pub. L. 108-335].

§ 11–2103. Services as clerk.

With respect to the Probate Division of the Superior Court, the Register of Wills shall perform such duties as clerk as the chief judge of the Superior Court may assign.

§ 11–2104. Powers and duties; restrictions.

(a) The Register of Wills may —

(1) receive inventories and accounts of sales, examine vouchers, and state accounts of executors, administrators, collectors, and guardians, subject to final approval of the court;

(2) take the probate of claims against the estates of deceased persons that are properly brought before the Register of Wills, and approve or reject claims not exceeding $300;

(3) take the probate of wills and accept the bonds of executors, administrators, collectors, and guardians, subject to approval of the court; and

(4) audit and state fiduciary accounts.

(b) In matters over which the Superior Court has probate jurisdiction or powers, the Register of Wills shall —

(1) make full and fair entries, in separate records, of the proceedings of the court;

(2) record in electronic or other format all wills proved before the Register of Wills or the court and other matters required by law to be recorded in the court;

(3) lodge in places of safety designated by the court original papers filed with the Register of Wills;

(4) make out and issue every summons, process, and order of the court;

(5) prepare and submit to the Executive Officer of the District of Columbia courts such reports as may be required; and

(6) in every respect, act under the control and direction of the court.

(1) practice law in any court of the District of Columbia or of the United States; or

(2) demand or receive any fee, gratuity, gift, or reward for giving advice in any matter relating to the office.

§ 11–2105. Deputies and other employees.

The Executvie [Executive] Officer of the District of Columbia courts shall appoint and remove such personnel as may be needed by the Register of Wills, pursuant to Chapter 17 of this title.

§ 11–2106. Accounts.

All fees, costs, and other moneys, except uncollected fees not required by law to be prepaid, collected by the Register of Wills with respect to matters within the jurisdiction of the Superior Court shall be turned over to the Fiscal Officer of the District of Columbia courts.