Rule 203 - Standard Probate(a) IN GENERAL. An interested person or creditor must request a standard probate proceeding if: (1) the petition for probate is filed by a creditor or interested person who does not have the highest priority to serve as the personal representative; or(2) there is an irregularity with the will.(b) PETITION: FORMAT AND CONTENT; ADDITIONAL INFORMATION AND MEMORANDA. (1)Format and Content. The petition for standard probate must be typed or electronically completed on the form maintained by the Register of Wills or a form that is substantially similar in format and content. The petition must contain the information required by D.C. Code § 20-304 (2012 Repl.).(2)Additional Information and Memoranda.(A)Requesting Order for Testimony by Witnesses to Will. If a person requesting standard probate seeks an order directing witnesses to a purported will to appear and give testimony regarding its execution, the petition for standard probate must include, or be accompanied by a memorandum providing, the names and addresses of the witnesses and a statement regarding the efforts made to secure affidavits from the witnesses.(B)Requesting Order for Person with Custody of Will. If a person requesting standard probate seeks an order requiring any person alleged to have custody of a purported will to deliver it to the court, the petition for standard probate must include, or be accompanied by a memorandum providing, the name and address of the person alleged to have custody of the purported will and the efforts made to induce that person to file it with the Register of Wills or to deliver it to the nominated personal representative.(C)Seeking Admission of Altered, Lost, or Destroyed Will. If a person requesting standard probate seeks an order directing any interested person to show cause why the provisions of an altered will or a copy of any lost or destroyed will should not be admitted to probate, the petition for standard probate must include, or be accompanied by a memorandum containing, a concise statement of facts, supported by affidavits, that shows:(i) the will was duly executed;(ii) if the will contains unwitnessed cross outs or interlineations, why the will should not be presumed revoked by physical destruction;(iii) the chain of custody of the original will and whether and why it should not be presumed to be revoked;(iv) if the will is incomplete or there appear to be missing pages, why the will should not be presumed revoked;(v) any other facts that would overcome the presumption that the will was revoked; and(vi) any facts that support the admission of the will to probate.(D)Seeking Finding of Intestacy After Will Has Been Filed. If the person requesting standard probate seeks a finding of intestacy when a document purporting to be a will of the decedent has been filed with the Register of Wills, the petition for standard probate must include, or be accompanied by a memorandum containing, a concise statement of facts, supported by affidavits, that shows: (i) the will was not duly executed;(ii) no original will can be found and only a copy was found in the possession of the decedent;(iii) the markings on the will establish that the will was revoked by destruction;(iv) any other facts that establish the will has been revoked; or(v) any other facts supporting denying admission of the will to probate and a finding of intestacy.(E)Any Other Relief. If the person requesting standard probate seeks any other court action, the petition for standard probate must include, or be accompanied by a memorandum containing, a concise statement of the court action sought, supported by affidavits.(c) FILING BY REGISTER OF WILLS. If no petition for standard probate is filed within a reasonable time, the Register of Wills, with the approval of the court, may file a petition for standard probate.(d) NOTICE. A person requesting standard probate must provide notice of the petition. (1)Format and Content. The notice must be typed or electronically completed on the form maintained by the Register of Wills or a form that is substantially similar in format and content.(2)Filing and Publication. The person requesting standard probate must file the notice at the time of filing the petition for standard probate. The Register of Wills must promptly forward copies to a newspaper of general circulation in the District of Columbia and a legal newspaper, for publication once a week for two successive weeks.(3)To Whom. Within 14 days after the date of first publication, the person requesting standard probate must serve-by certified or registered mail, return receipt requested, with delivery restricted to the addressee only-a copy of the notice, the petition, and any other documents filed under Rule 203(b), on: (A) all interested persons;(B) any person named in a testamentary document filed with or otherwise before the court (if applicable);(C) the witnesses (if applicable); and(D) the person alleged to be in possession of the purported will (if applicable).(4) Proof of Publication and Service. (A)In General. The person requesting standard probate must file proofs of publication and a verified statement indicating: (i) that the notice, petition, and any other documents filed under Rule 203(b) were served in accordance with Rule 203(d)(3);(ii) if applicable, after diligent efforts, the person requesting standard probate has been unable to locate the address of an interested person; and(iii) if the identity of heirs at law is unknown, the efforts to ascertain their identity and whereabouts.(B)Actual Notice. In lieu of the notice prescribed by this rule, proof of actual notice or personal service will suffice.(e) HEARING. The court may schedule a hearing on the petition for standard probate upon receiving the proof and verified statement required by Rule 203(d)(4).(f) DISMISSAL FOR FAILURE TO FILE NOTICE. If the petitioner fails to file the proof and verified statement required by Rule 203(d)(4) within 60 days after the filing of the petition for standard probate, the Register of Wills may dismiss without prejudice the petition for standard probate. Any dismissal entered under Rule 203(f) is not effective until 14 days after the date on which it is docketed, and must be vacated on the granting of a motion filed by the petitioner within that 14-day period showing good cause why the petition for standard probate should not be dismissed. Adopted by Order dated March 4, 2022, effective 8/22/2022.COMMENT
D.C. Code § 20-321 (2012 Repl.) specifies those persons entitled to request standard probate.