Proof of wills; testimony; witnesses outside District

§ 18–505. Proof of wills; testimony; witnesses outside District (a) When a will contains a devise of real estate, and an attesting witness thereto residing in the District of Columbia is unable to attend the court, the Register of Wills may, with the will, attend upon the witness and take his testimony. When the testimony of resident attesting witnesses to the will has been taken, and other attesting witnesses reside out of the District or are temporarily absent from the District, but are within the United States, it is sufficient, for the purpose of proving the will, to prove the signatures of the nonresident and temporarily absent witnesses. (b) When the attesting witnesses to a will mentioned in subsection (a) of this section are out of the District as specified in that subsection, or if one or more are within the United States and one or more are in a foreign country, it is sufficient, for the purpose of proving the will, to take the testimony of any one or all of them within the United States, as the Probate Court determines, and to prove the signatures of those whose testimony is not required to be taken. (c) If all the attesting witnesses to a will mentioned in subsection (a) of this section are out of the United States, it is sufficient, for the purpose of proving the will, to take the testimony of such of them as the court requires, and to prove the signatures of the others. (d) The Federal Rules of Civil Procedure apply to the taking and use of testimony of out-of-District witnesses as provided by this section. The original will or codicil shall be sent with the notice or order of appointment or commission, or letters rogatory, and exhibited to the witnesses. (e) A notice of the time and place of taking testimony need not be given unless probate is opposed.