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Current as of January 01, 2024 | Updated by Findlaw Staff
In a standard probate proceeding:
(1) Proof of due execution shall be made by affidavit of the witnesses as provided in paragraph (3) of this section unless the Court orders otherwise.
(2) After proof of due execution, the Court shall enter an order admitting the will to probate or determining that the decedent died intestate. At this time, the Court shall also appoint or reappoint one or more personal representatives, may order that the administration will be supervised as provided in section 20-402, and, if appropriate, revoke, modify, or confirm any action taken at any prior abbreviated probate, small estates or standard probate proceeding.
(3) Affidavits of due execution shall be in substantially the following form:
On this ․․․ day of ․․․․․․․․․․ 19․․․, ․․․․․․․․․․ personally appeared and, under oath answered the following questions as follows:
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1. |
Were you one of the witnesses who signed the attached written document which is dated ____________ and is said to be the last will and testament of __________ of the District of Columbia who is now dead? (Please initial appropriate box.) |
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____ Yes ____ No |
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2. |
Did __________________ (the testator) sign the attached document while in your presence? |
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____ Yes ____ No |
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3. |
Did __________________________ (the testator) say the attached document was to be a part |
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of his will? |
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____ Yes ____ No |
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4. |
At the time he signed the attached document, did _______________________________(the testator) |
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seem to you to be of sound mind and aware of what he was doing? |
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____ Yes ____ No |
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5. |
Did _________________ (the testator) ask you to sign the attached document as a witness? |
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____ Yes ____ No |
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6. |
When you signed the attached document as a witness, were __________ (the testator) |
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and all of the other witnesses who signed the document present? |
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____ Yes ____ No |
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7. |
Were you present when each of the other witnesses signed the attached document? |
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____ Yes ____ No |
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8. |
Did ________________________ (the testator) ask the other people who signed the attached |
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document to do so as witnesses? |
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____ Yes ____ No |
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9. |
Was _______________________ (the testator) present when each of the witnesses signed the |
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attached document? |
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____ Yes ____ No |
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10. |
What is your date of birth? ____________________ |
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11. |
Do you know of any will or codicil of ____________________(the testator) other than the |
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attached document? |
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____ Yes ____ No |
Cite this article: FindLaw.com - District of Columbia Code Division III. Decedents' Estates and Fiduciary Relations. § 20-324. Action on petition. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-iii-decedents-estates-and-fiduciary-relations/dc-code-sect-20-324/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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