USA Statutes : maine
Title : Title 18-A. PROBATE CODE
Chapter : Article IV. Foreign Personal Representative; Ancillary
Title 18-A - §4-101. Definitions
Title 18-A: PROBATE CODE
Article IV: Foreign Personal Representative; Ancillary
Part 1: DEFINITIONS
§4-101. Definitions
(1) "Local administration" means administration by a personal representative appointed in this State pursuant to appointment
proceedings described in Article III.
[1979, c. 540, §1 (new).]
(2) "Local personal representative" includes any personal representative appointed in this State pursuant to appointment proceedings
described in Article III and excludes foreign personal representatives who acquire the power of a local personal representative
pursuant to section 4-205.
[1979, c. 540, § 1 (new).]
(3) "Resident creditor" means a person domiciled in, or doing business in this State, who is, or could be, a claimant against
an estate of a non-resident decedent.
[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 - §4-201. Payment of debt and delivery of property to domiciliary foreign personal representative without local administration
Title 18-A: PROBATE CODE
Article IV: Foreign Personal Representative; Ancillary
Part 2: POWERS OF FOREIGN PERSONAL REPRESENTATIVES
§4-201. Payment of debt and delivery of property to domiciliary foreign personal representative without local administration
At any time after the expiration of 60 days from the death of a nonresident decedent, any person indebted to the estate of
the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation,
stock or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property,
or the instrument evidencing the debt, obligation, stock or chose in action, to the domiciliary foreign personal representative
of the nonresident decedent upon being presented with proof of his appointment and an affidavit made by or on behalf of the
representative stating:
[1979, c. 540, § 1 (new).]
(1) The date of the death of the nonresident decedent,
[1979, c. 540, § 1 (new).]
(2) That no local administration, or application or petition therefor, is pending in this State,
[1979, c. 540, § 1 (new).]
(3) That the domiciliary foreign personal representative is entitled to payment or delivery.
[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 - §4-202. Payment or delivery discharges
Title 18-A: PROBATE CODE
Article IV: Foreign Personal Representative; Ancillary
Part 2: POWERS OF FOREIGN PERSONAL REPRESENTATIVES
§4-202. Payment or delivery discharges
Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person
having possession of the personal property to the same extent as if payment or delivery had been made to a local personal
representative.
[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 - §4-203. Resident creditor notice
Title 18-A: PROBATE CODE
Article IV: Foreign Personal Representative; Ancillary
Part 2: POWERS OF FOREIGN PERSONAL REPRESENTATIVES
§4-203. Resident creditor notice
Payment or delivery under section 4-201 may not be made if a resident creditor of the nonresident decedent has notified the
debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent
that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.
[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 - §4-204. Proof of authority; bond
Title 18-A: PROBATE CODE
Article IV: Foreign Personal Representative; Ancillary
Part 2: POWERS OF FOREIGN PERSONAL REPRESENTATIVES
§4-204. Proof of authority; bond
If no local administration or application or petition therefor is pending in this State, a domiciliary foreign personal representative
may file with a court in this State in a county in which property belonging to the decedent is located, authenticated copies
of his appointment, of any official bond he has given and a certificate, dated within 60 days, proving his current authority.
[1987, c. 392, § 5 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1987,
Ch. 392,
§5
(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 - §4-205. Powers
Title 18-A: PROBATE CODE
Article IV: Foreign Personal Representative; Ancillary
Part 2: POWERS OF FOREIGN PERSONAL REPRESENTATIVES
§4-205. Powers
A domiciliary foreign personal representative who has complied with section 4-204 may exercise as to assets in this State
all powers of a local personal representative and may maintain actions and proceedings in this State subject to any conditions
imposed upon nonresident parties generally.
[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 - §4-206. Power of representatives in transition
Title 18-A: PROBATE CODE
Article IV: Foreign Personal Representative; Ancillary
Part 2: POWERS OF FOREIGN PERSONAL REPRESENTATIVES
§4-206. Power of representatives in transition
The power of a domiciliary foreign personal representative under section 4-201 or 4-205 shall be exercised only if there is
no administration or application therefor pending in this State. An application or petition for local administration of the
estate terminates the power of the foreign personal representative to act under section 4-205, but the local court may allow
the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual
notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative
shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative
is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal
representative and may be substituted for him in any action or proceedings 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 - §4-207. Ancillary and other local administrations; provisions governing
Title 18-A: PROBATE CODE
Article IV: Foreign Personal Representative; Ancillary
Part 2: POWERS OF FOREIGN PERSONAL REPRESENTATIVES
§4-207. Ancillary and other local administrations; provisions governing
In respect to a nonresident decedent, the provisions of Article III of this Code govern (1) proceedings, if any, in a court
of this State for probate of the will, appointment, removal, supervision, and discharge of the local personal representative,
and any other order concerning the estate; and (2) the status, powers, duties and liabilities of any local personal representative
and the rights of claimants, purchasers, distributees and others in regard to a local administration.
[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 - §4-301. Jurisdiction by act of foreign personal representative
Title 18-A: PROBATE CODE
Article IV: Foreign Personal Representative; Ancillary
Part 3: JURISDICTION OVER FOREIGN REPRESENTATIVES
§4-301. Jurisdiction by act of foreign personal representative
A foreign personal representative submits personally to the jurisdiction of the courts of this State in any proceeding relating
to the estate by (1) filing authenticated copies of his appointment as provided in section 4-204, (2) receiving payment of
money or taking delivery of personal property under section 4-201, or (3) doing any act as a personal representative in this
State which would have given the State jurisdiction over him as an individual. Jurisdiciton under (2) is limited to the money
or value of personal property collected.
[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 - §4-302. Jurisdiction by act of decedent
Title 18-A: PROBATE CODE
Article IV: Foreign Personal Representative; Ancillary
Part 3: JURISDICTION OVER FOREIGN REPRESENTATIVES
§4-302. Jurisdiction by act of decedent
In addition to jurisdiction conferred by section 4-301, a foreign personal representative is subject to the jurisdiction of
the courts of this State to the same extent that his decedent was subject to jurisdiction immediately prior to death.
[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 - §4-303. Service on foreign personal representative
Title 18-A: PROBATE CODE
Article IV: Foreign Personal Representative; Ancillary
Part 3: JURISDICTION OVER FOREIGN REPRESENTATIVES
§4-303. Service on foreign personal representative
Service of process may be made upon the foreign personal representative 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 - §4-401. Effect of adjudication for or against personal representative
Title 18-A: PROBATE CODE
Article IV: Foreign Personal Representative; Ancillary
Part 4: JUDGMENTS AND PERSONAL REPRESENTATIVE
§4-401. Effect of adjudication for or against personal representative
An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding
on the local personal representative as if he were a party to the adjudication.
[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 04333-0007 
