Skip to main content
Find a Lawyer

District of Columbia Code Division III. Decedents' Estates and Fiduciary Relations. § 20-362. Effect of affidavit.

Current as of January 01, 2024 | Updated by Findlaw Staff

(a)(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.

(c)(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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - District of Columbia Code Division III. Decedents' Estates and Fiduciary Relations. § 20-362. Effect of affidavit. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-iii-decedents-estates-and-fiduciary-relations/dc-code-sect-20-362/

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.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard