§ 20–311. Nature of proceeding.
(a) An abbreviated probate proceeding is a proceeding for the probate of a will or a determination of a decedent’s intestacy and for the appointment of a personal representative. This proceeding is instituted when an interested person files a petition for an abbreviated probate proceeding with the Court in accordance with the provisions of section 20-304. This proceeding may be conducted without the prior notice required for standard probate under section 20-323.
(b) The finality of abbreviated probate shall be governed by section 20-331.
1981 Ed., § 20-311.
This section is referenced in § 20-101.
Application of Law 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-304.
§ 20–312. Action on petition.
(a) General. — Upon a request for abbreviated probate filed in accordance with section 20-304, the Court shall appoint one or more personal representatives, except as provided in section 20-322. The appointment of a personal representative shall constitute an Order for unsupervised administration, unless the Order specifically provides for supervised administration as provided in section 20-402. In no event, however, shall the appointment of a personal representative be delayed pending the Court’s decision with regard to whether the administration will be supervised or unsupervised.
(b) Wills. — In the case of a petition to admit a will to abbreviated probate, due execution of the will shall be presumed and the Court may admit a will to probate either: (1) if the will appears to have been duly executed and contains a recital by attesting witnesses of facts constituting due execution; or (2) upon the verified statement of any person with personal knowledge of the circumstances of execution, whether or not the person was in fact an attesting witness, reciting facts showing due execution of the will.
1981 Ed., § 20-312.
This section is referenced in § 20-321.
Application of 10-241: See Application of Law 10-241 and Emergency act amendment notes to § 20-304.