District of Columbia § 20-362 Effect of affidavit.

District of Columbia Statutes

§ 20-362 — Effect of affidavit.

District of Columbia § 20-362

Title 20Probate and Administration of Decedents’ Estates. [Enacted title]

Ch. 3Opening the Estate.

Subch. VIITransfers by Affidavit.

This text of District of Columbia § 20-362 (Effect of affidavit.) is published on Counsel Stack Legal Research, covering District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

D.C. Code § 20-362 (2026).

Text

(1)Any person paying or delivering a small asset pursuant to § 20-361 shall be discharged and released to the same extent as if that person dealt with the personal representative of the decedent.

(2)Such person shall not be required to see the application of the small asset or to inquire into the truth of any statement in any affidavit.

(b)If any person to whom such an affidavit is presented refuses to pay or deliver any small asset, the small asset may be recovered, or its payment or delivery compelled, and damages may be recovered, on proof of rightful claim in a proceeding brought for that purpose by or on behalf of the person entitled thereto.

(1)If a person or entity holding property of a decedent refuses to honor an affidavit without reasonable cause, such person or enti

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(1) Any person paying or delivering a small asset pursuant to § 20-361 shall be discharged and released to the same extent as if that person dealt with the personal representative of the decedent.

(2) Such person shall not be required to see the application of the small asset or to inquire into the truth of any statement in any affidavit.

(b) If any person to whom such an affidavit is presented refuses to pay or deliver any small asset, the small asset may be recovered, or its payment or delivery compelled, and damages may be recovered, on proof of rightful claim in a proceeding brought for that purpose by or on behalf of the person entitled thereto.

(1) If a person or entity holding property of a decedent refuses to honor an affidavit without reasonable cause, such person or entity shall be liable for all costs, including reasonable attorney fees and costs, incurred by or on behalf of the persons entitled to such property.

(2) The person to whom an affidavit was delivered shall bear the burden of proving reasonable cause by a preponderance of the evidence.

(d) Any person to whom payment or delivery of a small asset has been made shall be answerable and accountable therefor to any personal representative of the decedent's estate or to any other successor having an equal or superior right.