§ 20-331 — Finality of abbreviated and formal probate proceedings.

(a) An abbreviated probate proceeding shall be set aside if, within 6 months after notice of the appointment of the personal representative pursuant to section 20-704, an interested person makes a request for a formal probate proceeding.

(b) A formal probate proceeding may be reopened if, within 6 months after the notice of appointment of the personal representative pursuant to section 20-704: (1) An interested person makes a request; and (2) the Court finds that:

(A) the notice provided in section 20-704 was not given to such interested person and such interested person did not have actual notice of the petition for probate;

(B) there was a material mistake or substantial irregularity in the prior probate proceeding; or

(C) the proponent of a later offered will, in spite of the exercise of reasonable diligence, was actually unaware of such will’s existence at the time of the prior probate proceeding.

(c) Except as provided in section 20-305 and this section, an abbreviated probate proceeding shall be final and binding as to all interested persons.

Legislative History

June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155; Mar. 21, 1995, D.C. Law 10-241, § 3(p), 42 DCR 63