ward to contest the will is unnecessary. Such appointments are not only burdenmome and time consuming, but are expensive in many instances to the estates involved. It is desirable, therefore, that the appointment of a guardian ad litem be made only when the court finds that it is necessary to protect the interests of award rather than in all cases The amendment proposed by section 10 should prove to be of substantial benefit in the administration of estates

For the foregoing reasons, the Commissioner of the District of Columbia recommends enactment of either H.R. 1931 or 8. 1369.

Sincerely yours,

GRAHAM W. WATT,

Assistant to the Commissioner. For: WALTER E. WASHINGTON,

Commissioner.

either testate or intestate where the assets of such estates consist only of personal property not exceeding $1,000 in value. In the Commonwealth of Virginia the summary administration of small estates is authorized under procedures which permit a fund not in excess of $2,500, where it is the only estate of the decedent and no qualification is to be had, to be paid into the court upon order of court, and then distributed by further order of the court.

The recommended increases to $2,500 in those sections of the D.C. Code covered by sections 2 through 5 of the bills have the support of the Board of Directors of the Bar Association of the District of Columbia. Enactment of these sections should not result in any increased expenditures by the District Government. Section 6 of the bills amends section 2 of title IV of the District of Columbia Revenue Act of 1937 (50 Stat. 680), as amended (D.C. Code, sec. 40-102), to permit the transfer of title to not more than two automobiles registered in the name of a decedent without the necessity of formal administration of the estate in cases where the automobiles are the only assets of the estate requiring administration. This section further provides for the submission of satisfactory proof that all debts and taxes owed by the decedent have been paid or provided for prior to the transfer of title to such motor vehicles, and for the protection of the rights of a minor who may be entitled to the transfer of title.

Both the neighboring States of Maryland and Virginia have statutes with provisions similar to those of section 6 of the bills. The amendments proposed by this section also have the support of the Board of Directors of the Bar Association of the District of Columbia.

The bills provide in section 7 for the amendment of section 20-334 of the Code, relating to the order of preference utilized by the Probate Court in granting letters of administration of the estate of a person dying intestate, so as to eliminate provisions requiring the preferential appointment of males over females or a femme sole over a married woman. The Commissioner believes that such preferential distinctions are out-moded and discriminatory, and that the removal of these requirements from the statute are particularly desirable. Sections 8 and 9 of the bills amend section 20-1106 of the District of Columbia Code by adding a fifth sentence thereto to provide for the sale of the real estate of a decedent situated in the District of Columbia without reference to the auditor of the United States District Court. Existing law authorizes the Probate Court to require the sale of the realty of a decedent whenever necessary for the payment of funeral expenses, debts, costs of administration, taxes, and legacies. Prior to approval of the sale of such realty, the auditor of the court must have ascertained and reported the debts and legacies, the deficiency of personal assets, and the real estate necessary to be sold for the payment of such charges and legacies.

Sections 8 and 9 will eliminate the necessity of a reference to the auditor in those cases where it is satisfactorily shown to the court that there is a deficiency of personal estate to pay debts, expenses, taxes, and legacies, and provided consents to the sale are obtained from all interested parties and that all interested parties are sui juris.

Reference to the auditor in all instances where there is a deficiency of personalty is a time-consuming and often expensive process. In most cases there are no objections by the parties in interest where it is evident that such a sale is necessary. The proposed amendment is permissive. Should the court or the Register of Wills entertain any question as to the allegations of the parties involved, reference to the auditor would be required in accordance with present law.

Section 10 of the bills amend section 18-511 of the District of Columbia Code to authorize the court, in its discretion, to appoint a guardian ad litem to represent an infant or a person of unsound mind when a will is offered for probate. Under existing law the appointment of a guardian ad litem (who must be an attorney) is mandatory when an infant or person of unsound mind is an interested party to the proceedings. The function of the guardian ad litem is to protect the interest of his ward and to contest the will if he deems it proper and necessary.

In cases where it is obvious that the interest of the ward is protected by admitting the will, such as (1) where a minor or incompetent is the sole beneficiary and hence takes the entire estate and whereas, by intestacy, he would take either less than the entire estate or nothing, or (2) where a minor or incompetent takes the same or a greater share by will than he would by intestacy, the appointment of a guardian ad litem to advise the court that it would not benefit the

ward to contest the will is unnecessary. Such appointments are not only burdensome and time-consuming, but are expensive in many instances to the estates involved. It is desirable, therefore, that the appointment of a guardian ad litem be made only when the court finds that it is necessary to protect the interests of a ward rather than in all cases. The amendment proposed by section 10 should prove to be of substantial benefit in the administration of estates.

For the foregoing reasons, the Commissioner of the District of Columbia recommends enactment of either H.R. 7931 or S. 1369.

Sincerely yours,

GRAHAM W. WATT,

Assistant to the Commissioner. For: WALTER E. WASHINGTON, Commissioner.

92D CONGRESS 18T SESSION

H. R. 2594

IN THE SENATE OF THE UNITED STATES

MAY 11, 1971

Read twice and referred to the Committee on the District of Columbia

AN ACT

To amend chapter 19 of title 20 of the District of Columbia Code to provide for distribution of a minor's share in a decedent's personal estate where the share does not exceed the value of $1,000.

1

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That (a) chapter 19 of title 20, District of Columbia Code, 4 is amended by adding at the end thereof the following new 5 section:

6 "§ 20-1908. Distribution of minor's share

7 "If (1) any person entitled to a distributive share of 8 a decedent's estate is under twenty-one years of age and is

9 not otherwise under a legal disability, (2) such distributive

2

1 share consists of personal property or money of the value of 2 not more than $1,000, and (3) there is no duly appointed

3 and qualified guardian for such person—

4

5

6

7

8

9

10

11

12

"(A) if such person is eighteen years of age or

over, the executor or administrator may deliver such share to such person and his receipt shall be sufficient voucher therefor;

"(B) if such person is under eighteen years of age, the executor or administrator may deliver such share to the custodian of such person and the receipt of such custodian shall be sufficient voucher therefor."

(b) The table of sections for such chapter is amended 13 by adding at the end thereof the following new item:

"20-1908. Distribution of minor's share."

Passed the House of Representatives May 10, 1971.

Attest:

W. PAT JENNINGS,

Clerk.