USA Statutes : maine
Title : Title 18-A. PROBATE CODE
Chapter : Article I. General Provisions, Definitions and Jurisdiction
Title 18-A - §1-102. Purposes; rule of construction
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 1: SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
§1-102. Purposes; rule of construction
(a) This Code shall be liberally construed and applied to promote its underlying purposes and policies.
[1979, c. 540, §1 (new).]
(b) The underlying purposes and policies of this Code are:
(1) to simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated
persons;
[1979, c. 540, § 1 (new).]
(2) to discover and make effective the intent of a decedent in the distribution of his property;
[1979, c. 540, § 1 (new).]
(3) to promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors;
[1979, c. 540, § 1 (new).]
(4) to facilitate use and enforcement of certain trusts;
[1979, c. 540, § 1 (new).]
(5) to make uniform the law among the various jurisdictions.
[1979, c. 540, § 1 (new).]
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-104. Severability
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 1: SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
§1-104. Severability
If any provision of this Code or the application thereof to any person or circumstances is held invalid, the invalidity shall
not affect other provisions or applications of the Code which can be given effect without the invalid provision or application,
and to this end the provisions of this Code are declared to be severable.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-105. Construction against implied repeal
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 1: SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
§1-105. Construction against implied repeal
This Code is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly
repealed by subsequent legislation if it can reasonably be avoided.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-106. Effect of fraud and evasion
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 1: SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
§1-106. Effect of fraud and evasion
Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this Code or if fraud
is used to avoid or circumvent the provisions or purposes of this Code, any person injured thereby may obtain appropriate
relief against the perpetrator of the fraud or restitution from any person, other than a bona fide purchaser, benefitting
from the fraud, whether innocent or not. Any proceeding must be commenced within 2 years after the discovery of the fraud,
but no proceeding may be brought against one not a perpetrator of the fraud later than 6 years after the time of commission
of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which
affects the succession of his estate.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-107. Evidence as to death or status
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 1: SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
§1-107. Evidence as to death or status
In proceedings under this Code the rules of evidence in courts of general jurisdiction including any relating to simultaneous
deaths, are applicable unless specifically displaced by the Code or by rules promulgated under section 1-304. In addition,
notwithstanding Title 22, section 2707, the following rules relating to determination of death and status are applicable:
[1979, c. 540, § 1 (new).]
p align="center">(1) a certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place
where the death purportedly occurred is prima facie proof of the fact, place, date and time of death and the identity of the
decedent;
[1979, c. 540, § 1 (new).]p align="center">(2) a certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person
is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed
by the record or report;
[1979, c. 540, § 1 (new).]p align="center">(3) a person who is absent for a continuous period of 5 years, during which he has not been heard from, and whose absence
is not satisfactorily explained after diligent search or inquiry is presumed to be dead. His death is presumed to have occurred
at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-108. Acts by holder of general power
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 1: SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
§1-108. Acts by holder of general power
For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee,
including relief from liability or penalty for failure to post bond, to register a trust, or to perform other duties, and
for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all
co-holders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation,
are deemed to act for beneficiaries to the extent their interests, as objects, takers in default, or otherwise, are subject
to the power.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-109. Married women's status
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 1: SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
§1-109. Married women's status
The marriage of a woman shall have no effect on her legal capacity, nor on the rights, privileges, authority, duties or obligations
of the married woman or of her husband under this Code, except as expressly provided by statute.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-110. Transfer for value
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 1: SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
§1-110. Transfer for value
Any recorded instrument described in this Code on which the register of deeds shall note by an appropriate stamp "Maine Real
Estate Transfer Tax Paid" shall be prima facie evidence that such transfer was made for value.
[1981, c. 367, § 1 (new).]
Section History:
PL 1981,
Ch. 367,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-111. Powers of fiduciaries relating to compliance with environmental laws
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 1: SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
§1-111. Powers of fiduciaries relating to compliance with environmental laws
(a) From the inception of the trust or estate, a fiduciary has the following powers, without court authorization, which the
fiduciary may use in the fiduciary's sole discretion to comply with environmental law:
(1) To inspect and monitor property held by the fiduciary, including interests in sole proprietorships, partnerships or corporations
and any assets owned by any such business enterprise, for the purpose of determining compliance with environmental law affecting
the property and to respond to any actual or threatened violation of any environmental law affecting the property held by
the fiduciary;
[1993, c. 568, §1 (new).]
(2) To take, on behalf of the estate or trust, any action necessary to prevent, abate or otherwise remedy any actual or threatened
violation of any environmental law affecting property held by the fiduciary, either before or after the initiation of an enforcement
action by any governmental body;
[1993, c. 568, §1 (new).]
(3) To refuse to accept property if the fiduciary determines that any property to be donated to the trust or estate either is
contaminated by any hazardous substance or is being used or has been used for any activity directly or indirectly involving
any hazardous substance that could result in liability to the trust or estate or otherwise impair the value of the assets
held in the trust or estate, except nothing in this paragraph applies to property in the trust or estate at its inception;
[1993, c. 568, §1 (new).]
(4) To settle or compromise at any time any claims against the trust or estate that may be asserted by any governmental body
or private party involving the alleged violation of any environmental law affecting property held in trust or in an estate;
[1993, c. 568, §1 (new).]
(5) To disclaim any power granted by any document, statute or rule of law that, in the sole discretion of the fiduciary, may
cause the fiduciary to incur personal liability under any environmental law; or
[1993, c. 568, §1 (new).]
(6) To decline to serve or to resign as a fiduciary if the fiduciary reasonably believes that there is or may be a conflict
of interest between the fiduciary's fiduciary capacity and the fiduciary's individual capacity because of potential claims
or liabilities that may be asserted against the fiduciary on behalf of the trust or estate because of the type or condition
of assets held in the trust or estate.
[1993, c. 568, §1 (new).]
[1993, c. 568, §1 (new).]
(b) For purposes of this section, "environmental law" means any federal, state or local law, rule, regulation or ordinance relating
to protection of the environment or human health. For purposes of this section, "hazardous substances" has the meaning set
forth in Title 38, section 1362, subsection 1.
[1993, c. 568, §1 (new).]
(c) The fiduciary may charge the cost of any inspection, review, abatement, response, cleanup or remedial action authorized
in this section against the income or principal of the trust or estate. A fiduciary is not personally liable to any beneficiary
or other party for any decrease in value of assets in trust or in an estate by reason of the fiduciary's compliance with any
environmental law, specifically including any reporting requirement under the law. Neither the acceptance by the fiduciary
of property nor a failure by the fiduciary to inspect property creates an inference as to whether there is or may be any liability
under any environmental law with respect to the property.
[1993, c. 568, §1 (new).]
(d) This section applies to all estates and trusts in existence on and created after July 1, 1994.
[1993, c. 568, §1 (new).]
(e) The exercise by a fiduciary of any of the powers granted in this section does not constitute a transaction that is affected
by a substantial conflict of interest on the part of the fiduciary.
[1993, c. 568, §1 (new).]
Section History:
PL 1993,
Ch. 568,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-112. Guardian ad litem
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 1: SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS
§1-112. Guardian ad litem
(a) In any proceeding under this Title for which the court may appoint a guardian ad litem for a child involved in the proceeding,
at the time of the appointment, the court shall specify the guardian ad litem's length of appointment, duties and fee arrangements.
[2005, c. 360, §1 (new).]
(b) A guardian ad litem appointed on or after October 1, 2005 must meet the qualifications established by the Supreme Judicial
Court.
[2005, c. 360, §1 (new).]
(c) If, in order to perform the guardian ad litem's duties, the guardian ad litem needs information concerning the child or
parents, the court may order the parents to sign an authorization form allowing the release of the necessary information.
The guardian ad litem must be allowed access to the child by caretakers of the child, whether the caretakers are individuals,
authorized agencies or child care providers.
[2005, c. 360, §1 (new).]
(d) The guardian ad litem shall use the standard of the best interest of the child as set forth in Title 19-A, section 1653,
subsection 3. The guardian ad litem shall make the wishes of the child known to the court if the child has expressed them,
regardless of the recommendation of the guardian ad litem.
[2005, c. 360, §1 (new).]
(e) If required by the court, the guardian ad litem shall make a final written report to the parties and the court reasonably
in advance of a hearing. The report is admissible as evidence and subject to cross-examination and rebuttal, whether or not
objected to by a party.
[2005, c. 360, §1 (new).]
(f) A person appointed by the court as a guardian ad litem acts as the court's agent and is entitled to quasi-judicial immunity
for acts performed within the scope of the duties of the guardian ad litem.
[2005, c. 360, §1 (new).]
(g) A guardian ad litem must be given notice of all civil or criminal hearings and proceedings, including, but not limited to,
grand juries, in which the child is a party or a witness. The guardian ad litem shall protect the best interests of the child
in those hearings and proceedings, unless otherwise ordered by the court.
[2005, c. 360, §1 (new).]
Section History:
PL 2005,
Ch. 360,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-301. Territorial application
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 3: SCOPE, JURISDICTION AND COURTS
§1-301. Territorial application
Except as otherwise provided in this Code, this Code applies to (1) the affairs and estates of decedents, missing persons,
and persons to be protected, domiciled in this State, (2) the property of nonresidents located in this State or property coming
into the control of a fiduciary who is subject to the laws of this State, (3) incapacitated persons and minors in this State,
(4) survivorship and related accounts in this State, and (5) trusts subject to administration in this State.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-302. Subject matter jurisdiction
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 3: SCOPE, JURISDICTION AND COURTS
§1-302. Subject matter jurisdiction
(a) To the full extent provided in sections 3-105, 5-102 and 5-402, the court has jurisdiction over all subject matter relating
to (1) estates of decedents, including construction of wills and determination of heirs and successors of decedents and estates
of protected persons; (2) protection of minors and incapacitated persons; and (3) trusts.
[2003, c. 618, Pt. B, §4 (amd); §20 (aff).]
(b) The Court has full power to make orders, judgments and decrees and take all other action necessary and proper to administer
justice in the matters which come before it.
[1979, c. 540, §1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2003,
Ch. 618,
§B20
(AFF).
PL 2003,
Ch. 618,
§B4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-303. Venue; multiple proceedings; transfer
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 3: SCOPE, JURISDICTION AND COURTS
§1-303. Venue; multiple proceedings; transfer
(a) Where a proceeding under this Code could be maintained in more than one place in this State, the court in which the proceeding
is first commenced has the exclusive right to proceed.
[1979, c. 540, §1 (new).]
(b) If proceedings concerning the same estate, protected person, ward, or trust are commenced in more than one court of this
State, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall
hold the matter in abeyance until the question of venue is decided, and if the ruling court determines that venue is properly
in another court, it shall transfer the proceeding to the other court.
[1979, c. 540, § 1 (new).]
(c) If a court finds that in the interest of justice a proceeding or a file should be located in another court of this State,
the court making the finding may transfer the proceeding or file to the other court.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-304. Rule-making power
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 3: SCOPE, JURISDICTION AND COURTS
§1-304. Rule-making power
(a) The Supreme Judicial Court shall have the power to prescribe by general rules the forms, practice and procedure, including
rules of evidence, to be followed in all proceedings under this Code and all appeals therefrom; provided that the rules shall
be consistent with the provisions of this Code and shall not abridge, enlarge or modify any substantive right.
[1979, c. 540, §1 (new).]
(b) These rules shall be promulgated to take effect on the effective date of this Code. After their promulgation, the Supreme
Judicial Court may repeal, amend, modify or add to them from time to time with or without a waiting period. After the effective
date of the rules as promulgated or amended, all laws in conflict therewith shall be of no further force or effect, except
that in the event of conflict with a provision of this Code, the Code provision shall prevail.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-305. Records and certified copies; judicial supervision
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 3: SCOPE, JURISDICTION AND COURTS
§1-305. Records and certified copies; judicial supervision
The register shall maintain records and files and provide copies of documents as provided in sections 1-501 through 1-511
and such further records and copies as the Supreme Judicial Court may by rule provide. The register shall be subject to the
supervision and authority of the judge of the court in which such register serves.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-306. No jury trial; removal
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 3: SCOPE, JURISDICTION AND COURTS
§1-306. No jury trial; removal
(a) The court shall sit without a jury.
[1979, c. 540, §1 (new).]
(b) Upon timely demand by any party any proceeding not within the exclusive jurisdiction of the court may be removed for trial
to the Superior Court under such procedures as the Supreme Judicial Court may by rule provide.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-307. Register; powers
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 3: SCOPE, JURISDICTION AND COURTS
§1-307. Register; powers
The register has the power to probate wills and appoint personal representatives as provided in sections 3-302 and 3-307 and
to perform other duties as set out in this Title generally. The acts and orders that this Code specifies as performable by
the register may also be performed by a judge of the court or by a deputy register appointed under the provisions of section
1-506.
[1993, c. 148, §1 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1993,
Ch. 148,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-308. Appeals
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 3: SCOPE, JURISDICTION AND COURTS
§1-308. Appeals
Appeals from all final judgments, orders and decrees of the court shall lie to the Supreme Judicial Court, sitting as the
law court, as in other civil actions.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-309. Judges
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 3: SCOPE, JURISDICTION AND COURTS
§1-309. Judges
A judge of the court shall be chosen and serve as provided in Title 4, sections 301 to 311.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-310. Oath or affirmation on filed documents
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 3: SCOPE, JURISDICTION AND COURTS
§1-310. Oath or affirmation on filed documents
Except as otherwise specifically provided in this Code or by rule, every document filed with the Court under this Code including
applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect
that its representations are true as far as the person executing or filing it knows or is informed, and penalties for perjury
may follow deliberate falsification therein.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-401. Notice
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 4: NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS
§1-401. Notice
Whenever notice of any proceeding or any hearing is required under this Code, it shall be given to any interested person in
such manner as the Supreme Judicial Court shall by rule provide. Each notice shall include notification of any right to contest
or appeal and shall be proved by the filing of an affidavit of notice.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-402. Notice; waiver
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 4: NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS
§1-402. Notice; waiver
A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice in such manner as the Supreme Judicial
Court shall by rule provide.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-403. Pleadings; when parties bound by others; notice
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 4: NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS
§1-403. Pleadings; when parties bound by others; notice
In formal proceedings involving trusts or estates of decedents, minors, protected persons, or incapacitated persons, and in
judicially supervised settlements, the following apply:
[1979, c. 540, § 1 (new).]
p align="center"> (1) Interests to be affected shall be described in pleadings which give reasonable information to owners by name or class,
by reference to the instrument creating the interests, or in other appropriate manner.
[1979, c. 540, § 1 (new).]p align="center"> (2) Persons are bound by orders binding others in the following cases:
p align="center">(i) Orders binding the sole holder or all coholders of a power of revocation or a presently exercisable general power of
appointment, including one in the form of a power of amendment, bind other persons to the extent their interests, as objects,
takers in default, or otherwise, are subject to the power.
p align="center">(ii) To the extent there is no conflict of interest between them or among persons represented, orders binding a conservator
bind the person whose estate he controls; orders binding a guardian bind the ward if no conservator of his estate has been
appointed; orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will establishing or adding
to a trust, to review the acts or accounts of a prior fiduciary and in proceedings involving creditors or other third parties;
and orders binding a personal representative bind persons interested in the undistributed assets of a decedent's estate in
actions or proceedings by or against the estate. If there is no conflict of interest and no conservator or guardian has been
appointed, a parent may represent his minor child.
p align="center">(iii) An unborn or unascertained person who is not otherwise represented is bound by an order to the extent his interest
is adequately represented by another party having a substantially identical interest in the proceeding.
[1979, c. 540, § 1 (new).]p align="center"> (3) Notice is required as follows:
p align="center">(i) Notice as prescribed by section 1-401 shall be given to every interested person or to one who can bind an interested
person as described in (2)(i) or (2)(ii) above. Notice may be given both to a person and to another who may bind him.
p align="center">(ii) Notice is given to unborn or unascertained persons, who are not represented under (2)(i) or (2)(ii) above, by giving
notice to all known persons whose interests in the proceedings are substantially identical to those of the unborn or unascertained
persons.
[1979, c. 540, § 1 (new).]p align="center"> (4) At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated,
unborn, or unascertained person, or a person whose identity or address is unknown, if the court determines that representation
of the interest otherwise would be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed
to represent several persons or interests. The court shall set out its reasons for appointing a guardian ad litem as a part
of the record or the proceeding.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-501. Election; bond; vacancies; salaries; copies
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 5: REGISTERS OF PROBATE
§1-501. Election; bond; vacancies; salaries; copies
Registers of probate are elected or appointed as provided in the Constitution of Maine. Their election is effected and determined
as is provided respecting county commissioners by Title 30-A, chapter 1, subchapter II, and they enter upon the discharge
of their duties on the first day of January following their election; but the term of those appointed to fill vacancies commences
immediately. All registers, before acting, shall give bond to the treasurer of their county with sufficient sureties in the
sum of $2,500, except that this sum must be $10,000 for Cumberland County. Every register, having executed such bond, shall
file it in the office of the clerk of the county commissioners of that register's county, to be presented to them at their
next meeting for approval. After the bond has been so approved, the clerk shall record it and certify the fact thereon, and
retaining a copy thereof, deliver the original to the register, who shall deliver it to the treasurer of the county within
10 days after its approval, to be filed in the treasurer's office. Vacancies caused by death, resignation, removal from the
county, permanent incapacity as defined in Title 30-A, section 1, subsection 2-A or any other reason must be filled as provided
in the Constitution of Maine. In the case of a vacancy in the term of a register of probate who was nominated by primary
election before the general election, the register of probate appointed by the Governor to fill the vacancy until a successor
is chosen at election must be enrolled in the same political party as the register of probate whose term is vacant. In making
the appointment, the Governor shall choose from any recommendations submitted to the Governor by the county committee of the
political party from which the appointment is to be made.
[1995, c. 683, §2 (amd).]
div>
Registers of probate in the several counties are entitled to receive annual salaries as set forth in Title 30-A, section 2.
[1995, c. 245, §2 (amd).]
div>
The salaries of the registers of probate must be in full compensation for the performance of all duties required of registers
of probate. They may make copies of wills, accounts, inventories, petitions and decrees and furnish the same to persons calling
for them and may charge a reasonable fee for such service, which is considered a fee for the use of the county. Exemplified
copies of the record of the probate of wills and the granting of administrations, guardianships and conservatorships, copies
of petitions and orders of notice thereon for personal service, appeal copies and the statutory fees for abstracts and copies
of the waiver of wills and other copies required to be recorded in the registry of deeds are considered official fees for
the use of the county.
[1995, c. 245, §2 (amd).]
div>
This section may not be construed to change or repeal any provisions of law requiring the furnishing of certain copies without
charge.
[1995, c. 245, §2 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1987,
Ch. 737,
§C33,C106
(AMD).
PL 1989,
Ch. 6,
§
(AMD).
PL 1989,
Ch. 9,
§2
(AMD).
PL 1989,
Ch. 104,
§C8,C10
(AMD).
PL 1995,
Ch. 245,
§2
(AMD).
PL 1995,
Ch. 683,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-502. Condition of bond
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 5: REGISTERS OF PROBATE
§1-502. Condition of bond
The condition of such bond shall be to account, according to law, for all fees received by him or payable to him by virtue
of his office and to pay the same to the county treasurer by the 15th day of every month following the month in which they
were collected, as provided by law; to keep up, seasonably and in good order, the records of the court; to make and keep correct
and convenient alphabets of the records and to faithfully discharge all other duties of the office. If such register forfeits
his bond, he is thenceforth disqualified from holding said office, and neglect to complete his records for more than 6 months
at any time, sickness or extraordinary casualty excepted, shall be adjudged a forfeiture.
[1981, c. 40, § 2 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1981,
Ch. 40,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-503. Duties; records; binding of papers
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 5: REGISTERS OF PROBATE
§1-503. Duties; records; binding of papers
Registers of probate have the care and custody of all files, papers and books belonging to the probate office and shall duly
record all wills probated formally or informally, letters of authority of a personal representative, guardianship or conservatorship
issued, bonds approved, accounts filed or allowed, all informal applications and findings, all petitions, decrees, orders
or judgments of the judge, including all petitions, decrees or orders relating to adoptions and changes of names and other
matters, as the judge directs. Registers of probate shall keep a docket of all probate cases and, under the appropriate heading
of each case, make entries of each motion, order, decree and proceeding so that at all times the docket shows the exact condition
of each case. Any register may act as an auditor of accounts when requested to do so by the judge and the judge's decision
is final unless appeal is taken in the same manner as other probate appeals. The records may be attested by the volume and
it is deemed to be a sufficient attestation of those records when each volume bears the attest with the written signature
of the register or other person authorized by law to attest those records. The registers of probate may bind in volumes of
convenient size original inventories and accounts filed in their respective offices and, when bound and indexed, those inventories
and accounts are deemed to be recorded in all cases when the law requires a record to be made and no further record is required.
[1993, c. 148, §2 (amd).]
div>
A facsimile of the signature of the register of probate or deputy register of probate imprinted at his direction upon any
instrument, certification or copy which is customarily certified by him or recorded in the probate office, shall have the
same validity as his signature.
[1981, c. 470, Pt, A, § 41 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1981,
Ch. 470,
§A41
(AMD).
PL 1993,
Ch. 148,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-504. Certification of wills, appointments of personal representatives and elective share petitions involving real estate
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 5: REGISTERS OF PROBATE
§1-504. Certification of wills, appointments of personal representatives and elective share petitions involving real estate
Within 30 days after a will has been proved or allowed, or an appointment of a personal representative has been made upon
an assumption of intestate status and where the petition for the appointment indicates that the deceased owned real estate,
or a petition for an elective share has been filed where the will or the petition upon which appointment of a personal representative
has been granted indicates that the deceased owned real estate, the register shall make out and certify to the register of
deeds in the county where any affected real estate is situated (1) a true copy of so much of the will as devises real estate,
(2) an abstract of the appointment of the personal representative, or (3) a true copy or abstract of the petition for an elective
share, as the case may be. Each certification shall include a description of the real estate, so far as it can be furnished
from the probated will or the petition upon which the appointment was made, and the name of the decedent and of the devisees
or heirs. In the case of a will, the certification shall also set forth the date of the allowance of the will and designate
whether it was probated formally or informally. In the case of the formal probate of a will that was previously informally
probated, and of an informally probated will that was subsequently denied probate in formal proceedings, the register of probate
shall certify such formal probate or formal denial of probate to the register of deeds to which the prior informally probated
will was certified, setting forth the date of the formal probate or denial. The register of deeds receiving such copy or certification
shall forthwith file the same, minuting thereon the time of the reception thereof, and record it in the same manner as a deed
of real estate.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-505. Notice to beneficiaries; furnishing of copies
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 5: REGISTERS OF PROBATE
§1-505. Notice to beneficiaries; furnishing of copies
Registers of probate shall, within 30 days after any will is probated, notify by mail all beneficiaries under that will that
devises have been made to them, stating the name of the testator and the name of the personal representative, if one has been
appointed at the time this notification is sent. Beneficiaries in a will must, upon application to the register of probate,
be furnished with a copy of the probated will upon payment of a fee of $1 per page.
[2003, c. 14, §1 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2003,
Ch. 14,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-506. Deputy register of probate
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 5: REGISTERS OF PROBATE
§1-506. Deputy register of probate
Any register of probate in this State may appoint a deputy register of probate for the county, subject to the requirements
of Title 30-A, section 501. The deputy may perform any of the duties prescribed by law to be performed by the register of
probate. His signature as the deputy shall have the same force and effect as the signature of the register. The deputy shall
give bond to the county for the faithful discharge of his duties in such sum and in the same manner as the register of probate.
The deputy register shall act as register in the event of a vacancy or absence of the register, until the register resumes
his duties or another is qualified as register. The deputy register shall receive an annual salary as established by the register
and approved by the county commissioners.
[1987, c. 737, Pt. C, §§34, 106 (amd); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8,10 (amd).]
div>
In case of the absence of the register in any county where no deputy has been appointed as above authorized, or a vacancy
in the office of register of probate due to death, resignation or any other cause, the judge shall appoint a suitable person
to act as register pro tempore until the register resumes his duties or another is qualified as register. He shall be sworn
and, if the judge requires it, give bond as in the case of the register.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1981,
Ch. 394,
§1
(AMD).
PL 1987,
Ch. 737,
§C34,C106
(AMD).
PL 1989,
Ch. 6,
§
(AMD).
PL 1989,
Ch. 9,
§2
(AMD).
PL 1989,
Ch. 104,
§C8,C10
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-507. Inspection of register's conduct of office
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 5: REGISTERS OF PROBATE
§1-507. Inspection of register's conduct of office
Every judge of probate shall constantly inspect the conduct of the register with respect to his records and the duties of
his office, and give information in writing of any breach of his bond to the treasurer of his county, who shall bring civil
action. The money thus recovered shall be applied toward the expenses of completing the records of such register under the
direction of said judge and the surplus, if any, shall inure to the county. If it is not sufficient for that purpose, the
treasurer may recover the deficiency from the register in a civil action.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-508. Register incapable or neglects duties
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 5: REGISTERS OF PROBATE
§1-508. Register incapable or neglects duties
When a register is unable to perform his duties or neglects them, the judge shall certify such inability or neglect to the
county treasurer, the time of its commencement and termination, and what person has performed the duties for the time. Such
person shall be paid by the treasurer in proportion to the time that he has served and the amount shall be deducted from the
register's salary.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-509. Records in case of vacancy
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 5: REGISTERS OF PROBATE
§1-509. Records in case of vacancy
When there is a vacancy in the office of register and the records are incomplete, they may be completed and certified by the
person appointed to act as register or by the register's successor.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-510. Register or Probate Court employee; prohibited activities
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 5: REGISTERS OF PROBATE
§1-510. Register or Probate Court employee; prohibited activities
1. Prohibited activities. A register may not:
A. Be an attorney or counselor in or out of court in an action or matter pending in the court of which the register is register
or in an appeal in such action or matter;
[2003, c. 452, Pt. J, §1 (new); Pt. X, §2 (aff).]
B. Be administrator, guardian, commissioner of insolvency, appraiser or divider of an estate, in a case within the jurisdiction
of the court of which the register is register, except as provided in Title 4, section 307, or be in any manner interested
in the fees and emoluments arising from such an estate in that capacity; or
[2003, c. 452, Pt. J, §1 (new); Pt. X, §2 (aff).]
C. Commence or conduct, either personally or by agent or clerk, any matter, petition, process or proceeding in the court of
which the register is register, in violation of this section.
[2003, c. 452, Pt. J, §1 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. J, §1 (new); Pt. X, §2 (aff).]
2. Assistance in drafting. Except as otherwise provided in this section, a register may not draft or aid in drafting documents or paper that the register
is by law required to record in full or in part. A register may aid in drafting applications in informal proceedings, petitions
or sworn statements relating to the closing of decedents' estates that have not been contested prior to closing, applications
for change of name and petitions for guardians of minors. A register or an employee of the Probate Court may not charge fees
or accept anything of value for assisting in the drafting of documents to be used or filed in the court of which the person
is the register or an employee.
[2003, c. 452, Pt. J, §1 (new); Pt. X, §2 (aff).]
3. Penalties. The following penalties apply to violations of this section.
A. A register who violates subsection 1 commits a Class E crime. Violation of subsection 1 is a strict liability crime as
defined in Title 17-A, section 34, subsection 4-A.
[2003, c. 452, Pt. J, §1 (new); Pt. X, §2 (aff).]
B. A register or employee of the Probate Court who violates subsection 2 is subject to a civil penalty of not more than $100,
to be recovered by a complainant in a civil action for the complainant's benefit or by indictment for the benefit of the county.
[2003, c. 452, Pt. J, §1 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. J, §1 (new); Pt. X, §2 (aff).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1981,
Ch. 165,
§
(AMD).
PL 1981,
Ch. 470,
§A42
(AMD).
PL 2003,
Ch. 452,
§J1
(RPR).
PL 2003,
Ch. 452,
§X2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-511. Fees for approved blanks and forms
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 5: REGISTERS OF PROBATE
§1-511. Fees for approved blanks and forms
For all approved blanks, forms or schedule paper required in probate court proceedings, the register shall charge fees which
shall be set by the register and approved by the county commissioners, so as not to incur a loss to the county for such services.
Such fees shall be payable by the register to the county treasurer for the use and benefit of the county.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-601. Costs in contested cases in probate court
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 6: COSTS AND FEES
§1-601. Costs in contested cases in probate court
In contested cases in the original or appellate court of probate, costs may be allowed to either party, including reasonable
witness fees, cost of depositions, hospital records or medical reports and attorney's fees, to be paid to either or both parties,
out of the estate in controversy, as justice requires. In those cases where a will is being contested on the grounds of undue
influence or mental capacity, attorney's fees and costs shall not be allowed to the party contesting the will if he is unsuccessful.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-602. Filing and certification fees
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 6: COSTS AND FEES
§1-602. Filing and certification fees
The register of probate must receive the following fees for filing or certifying documents:
[1997, c. 18, §1 (amd).]
(1) For making and certifying to the register of deeds copies of devises of real estate, abstracts of petitions for appointment
of a personal representative or for an elective share and any other document for which certification is required, $8, except
as otherwise expressly provided by law. The fee must be paid by the personal representative, petitioner or other person filing
the document to be certified when the copy of the devise or abstracts is made. The register of probate shall deliver the
certified document to the register of deeds together with the fee for recording as provided by Title 33, section 751. The
personal representative, petitioner, applicant or other person requesting the certification shall pay the recording fee to
the register of probate.
[1997, c. 18, §1 (amd).]
(2) For receiving and entering each petition or application for all estates, testate and intestate, including foreign estates,
and the filing of a notice by a domiciliary foreign personal representative, except for the filing of a successor personal
representative, when the value of the estate is:
(i)
[1993, c. 148, §4 (rp).]
(ii) For filing a will to be probated and without an appointment, $10;
[1987, c. 392, §1 (rpr).]
(iii) $10,000 and under, $15;
[1987, c. 392, §1 (rpr).]
(iv) $10,001 to $20,000, $30;
[1987, c. 392, §1 (rpr).]
(v) $20,001 to $30,000, $45;
[1987, c. 392, §1 (rpr).]
(vi) $30,001 to $40,000, $60;
[1987, c. 392, §1 (rpr).]
(vii) $40,001 to $50,000, $75;
[1987, c. 392, §1 (rpr).]
(viii) $50,001 to $75,000, $100;
[1987, c. 392, §1 (rpr).]
(ix) $75,001 to $100,000, $150;
[1997, c. 18, §1 (amd).]
(x) $100,001 to $150,000, $200;
[1997, c. 18, §1 (amd).]
(xi) $150,001 to $200,000, $250;
[1997, c. 18, §1 (amd).]
(xii) $200,001 to $250,000, $300;
[1997, c. 18, §1 (amd).]
(xiii) $250,001 to $300,000, $350;
[1997, c. 18, §1 (amd).]
(xiv) $300,001 to $400,000, $400;
[1997, c. 18, §1 (amd).]
(xv) $400,001 to $500,000, $450;
[1997, c. 18, §1 (new).]
(xvi) $500,001 to $750,000, $500;
[1997, c. 18, §1 (new).]
(xvii) $750,001 to $1,000,000, $550;
[1997, c. 18, §1 (new).]
(xviii) $1,000,001 to $1,500,000, $600;
[1997, c. 18, §1 (new).]
(xix) $1,500,001 to $2,000,000, $700; or
[1997, c. 18, §1 (new).]
(xx) More than $2,000,000, $750, and continuing in steps of $50 for every increase in value of $500,000 or part thereof above
$2,500,000.
[2003, c. 383, §1 (amd).]
[2003, c. 383, §1 (amd).]
(3) For making copies from the records of the court, $1 for each page.
[1997, c. 18, §1 (amd).]
(4) For each certificate, under seal of the court, of the appointment and qualification of a personal representative, guardian,
conservator or trustee, $5, and for each double certificate, $10.
[1997, c. 18, §1 (amd).]
(5) For filing a petition for appointment as guardian, $25.
[1997, c. 18, §1 (amd).]
(6) For filing application for involuntary hospitalization, $10.
[1979, c. 719, §3 (amd).]
(7) For filing a joined petition for guardian and conservator, $35.
[1997, c. 18, §1 (amd).]
(8) For filing any other formal proceeding, $15.
[1997, c. 18, §1 (amd).]
(9) For filing a petition for appointment of conservator, $25.
[1997, c. 18, §1 (amd).]
(10) For all other subsequent informal appointments, $15.
[1997, c. 18, §1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1979,
Ch. 719,
§1-3
(AMD).
PL 1981,
Ch. 279,
§10
(AMD).
PL 1981,
Ch. 470,
§A43
(AMD).
PL 1983,
Ch. 262,
§1,2
(AMD).
PL 1987,
Ch. 392,
§1-4
(AMD).
PL 1993,
Ch. 148,
§3,4
(AMD).
PL 1997,
Ch. 18,
§1
(AMD).
PL 2003,
Ch. 383,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-603. Registers to account monthly for fees
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 6: COSTS AND FEES
§1-603. Registers to account monthly for fees
Registers of probate shall account for each calendar month under oath to the county treasurers for all fees received by them
or payable to them by virtue of the office, specifying the items, and shall pay the whole amount for each calendar month to
the treasurers of their respective counties not later than the 15th day of the following month.
[1981, c. 40, § 3 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1981,
Ch. 40,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-604. Expenses of partition
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 6: COSTS AND FEES
§1-604. Expenses of partition
When a partition of real estate is made by order of a judge of probate, the expenses thereof shall be paid by the parties
interested in proportion to their interests; but when such expenses accrue prior to the closing order or statement of the
personal representative of the deceased owner of such real estate, having in his hands sufficient assets for the purpose,
he may pay such expenses and allow the same in his account. In case of neglect or refusal of any person liable to pay such
expenses, the judge may issue a warrant of distress against such delinquent for the amount due from him and costs of process.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-605. Compensation of reporters
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 6: COSTS AND FEES
§1-605. Compensation of reporters
Reporters appointed under Title 4, sections 751 to 756, shall, if a transcript is requested by the court or a party, file
the original transcript with the court and receive the same compensation as provided by law for temporary court reporters,
and travel at the rate of 10¢ a mile.
[1979, c. 540, § 1.]
div>
Transcript rates shall be in accordance with Title 4, section 651, for transcript furnished for the files of the court and
shall be paid by the county in which the court or examination is held, after the reporter's bill has been allowed by the judge
of the court in which the services were rendered. In probate matters, the personal representative, conservator or guardian
shall, in each case out of the estate in his hands, pay to the register for the county the amount of the reporter's fees,
giving such fees the same priority as provided in section 3-815 for other costs and expenses of administration, or as otherwise
provided for in the case of insolvent estates, provided that the court can order payment by the county in case the estate
assets are not sufficient.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-606. Reporters to furnish copies
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 6: COSTS AND FEES
§1-606. Reporters to furnish copies
Reporters shall furnish correct typewritten copies of the oral testimony taken at any hearing or examination, to any person
calling for the same, upon payment of transcript rates prescribed in Title 4, section 651.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-607. Surcharge for restoration, storage and preservation of records
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 6: COSTS AND FEES
§1-607. Surcharge for restoration, storage and preservation of records
(1) In addition to any other fees required by law, a register of probate shall collect a surcharge of $10 per petition, application
or complaint, except for name changes, filed in the Probate Court.
[2005, c. 210, §1 (new).]
(2) The surcharge imposed in subsection (1) must be transferred to the county treasurer, who shall deposit it in a separate,
nonlapsing account within 30 days of receipt. Money in the account is not available for use as general revenue of the county.
Interest earned on the account must be credited to the account.
[2005, c. 210, §1 (new).]
(3) The money in the account established in subsection (2) must be used for the restoration, storage and preservation of the
records filed in the office of the register of probate and in Probate Court. No withdrawals from this account may be made
without the express written request or approval of the register of probate.
[2005, c. 210, §1 (new).]
(4) The judge of probate may waive the surcharge in subsection (1) if the judge believes that it will prove a hardship for the
individual filing the petition, application or complaint.
[2005, c. 210, §1 (new).]
Section History:
PL 2005,
Ch. 210,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §1-701. Petition to change name
Title 18-A: PROBATE CODE
Article I: General Provisions, Definitions and Jurisdiction
Part 7: CHANGE OF NAME (HEADING: PL 1995, c. 694, Pt. C, @5 (new))
§1-701. Petition to change name
(a) If a person desires to have that person's name changed, the person may petition the judge of probate in the county where
the person resides. If the person is a minor, the person's legal custodian may petition in the person's behalf.
[2001, c. 163, §1 (new).]
(b) The judge, after due notice, may change the name of the person. To protect the person's safety, the judge may limit the
notice required if the person shows by a preponderance of the evidence that:
(1) The person is a victim of abuse; and
[2001, c. 163, §1 (new).]
(2) The person is currently in reasonable fear of the person's safety.
[2001, c. 163, §1 (new).]
[2001, c. 163, §1 (new).]
(c) The judge shall make and preserve a record of the name change. If the judge limited the notice required under subsection
(b), the judge may seal the records of the name change.
[2001, c. 667, Pt. A, §41 (amd).]
(d) The fee for filing the name change petition is $25.
[2001, c. 163, §1 (new).]
(e) The judge may require the person seeking a name change to undergo one or more of the following background checks: a criminal
history record check; a motor vehicle record check; or a credit check. The judge may require the person to pay the cost of
each background check required.
[2003, c. 538, §1 (new).]
(f) The judge may not change the name of the person if the judge has reason to believe that the person is seeking the name change
for purposes of defrauding another person or entity or for purposes otherwise contrary to the public interest.
[2003, c. 538, §1 (new).]
Section History:
PL 1995,
Ch. 694,
§C5
(NEW).
PL 1995,
Ch. 694,
§E2
(AFF).
PL 1997,
Ch. 18,
§2
(AMD).
PL 1997,
Ch. 18,
§6
(AFF).
PL 2001,
Ch. 163,
§1
(RPR).
PL 2001,
Ch. 667,
§A41
(AMD).
PL 2003,
Ch. 538,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 
