USA Statutes : maine
Title : Title 18-A. PROBATE CODE
Chapter : Article VIII. Miscellaneous Provisions
Title 18-A - §8-101. Estates of absentees
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 1: RECEIVERSHIPS FOR MISSING AND ABSENT PERSONS
§8-101. Estates of absentees
If a person entitled to or having an interest in property within the jurisdiction of the State has disappeared or absconded
from the place within or without the State where he was last known to be, and has no agent in the State, and it is not known
where he is, or if such person, having a spouse or minor child dependent to any extent upon him for support, has thus disappeared
or absconded without making sufficient provision for such support, and it is not known where he is, or, if it is known that
he is without the State, anyone who would under the law of the State be entitled to administer upon the estate of such absentee
if he were deceased, may file a petition under oath in the probate court for the county where such property is situated or
found, stating the name, age, occupation and last known residence or address of such absentee, the date and circumstances
of the disappearing or absconding, and the names and residences of other persons, whether members of such absentee's family
or otherwise, of whom inquiry may be made, and containing a schedule of the property, real and personal so far as known, and
its location within the State, and praying that such property may be taken possession of, and a receiver thereof appointed
under this Part.
[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 - §8-102. Warrant
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 1: RECEIVERSHIPS FOR MISSING AND ABSENT PERSONS
§8-102. Warrant
The court may thereupon issue a warrant, directed to the public administrator in the county where the property or some of
it is situated, which may run throughout the State, commanding him to take possession of the property named in said schedule
and make return of said warrant as soon as may be with his doings thereon with a schedule of the property so taken. The public
administrator shall cause so much of the warrant as relates to land to be recorded in the registry of deeds for the county
where the land is located. He shall receive such fees for serving the warrant as the court allows, but not more than those
established by law for similar service upon a writ of attachment. Fees and the costs of publishing and serving the notice
shall be paid by the petitioner. If a receiver is appointed, said fees shall be repaid by the receiver to the petitioner and
allowed the receiver in his account.
[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 - §8-103. Notice
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 1: RECEIVERSHIPS FOR MISSING AND ABSENT PERSONS
§8-103. Notice
Upon the return of such warrant, the court may issue a notice reciting the substance of the petition, warrant and return,
which shall be addressed to such absentee and to all persons who claim an interest in said property, and to all to whom it
may concern, citing them to appear at a time and place named and show cause why a receiver of the property named in the schedule
should not be appointed and said property held and disposed of under this Part.
[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 - §8-104. Publication
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 1: RECEIVERSHIPS FOR MISSING AND ABSENT PERSONS
§8-104. Publication
The return day of said notice shall be not less than 30 days nor more than 60 days after its date. The court shall order said
notice to be published once in each of 3 successive weeks in one or more newspapers within the said county and a copy to be
mailed to the last known address of such absentee. The court may order other and further notice to be given within or without
the 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 - §8-105. Hearing
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 1: RECEIVERSHIPS FOR MISSING AND ABSENT PERSONS
§8-105. Hearing
The absentee or any person who claims an interest in any of the property may appear and show cause why the prayer of the petitioner
should not be granted. The court may, after hearing, dismiss the petition and order the property in possession of the public
administrator to be returned to the person entitled thereto, or it may appoint the person who, under the law of the State,
would be entitled to administer upon the estate of such absentee if he were deceased, or if no such person is known or such
person declines to serve, then he may appoint the public administrator for said county as receiver of the property which is
in the possession of the public administrator and named in his schedule. If a receiver is appointed, the court shall find
and record the date of the disappearance or absconding of the absentee and such receiver shall give bond to the judge of probate
and his successors in office in such sum and with such condition as the court orders.
[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 - §8-106. Possession by receiver
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 1: RECEIVERSHIPS FOR MISSING AND ABSENT PERSONS
§8-106. Possession by receiver
After the approval of such bond, the court may order the public administrator to transfer and deliver to such receiver the
possession of the property under the warrant, and the receiver shall file in the registry of probate a schedule of the property
received by him.
[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 - §8-107. Collection of debts
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 1: RECEIVERSHIPS FOR MISSING AND ABSENT PERSONS
§8-107. Collection of debts
Such receiver shall take possession of any additional property within the State which belongs to such absentee and demand
and collect all debts due such absentee from any person within the State and hold the same as if it had been transferred and
delivered to him by the public administrator. If he takes any additional real estate, said receiver shall file a certificate
describing said real estate with the register of deeds for the county where the real estate is located.
[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 - §8-108. Appointment
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 1: RECEIVERSHIPS FOR MISSING AND ABSENT PERSONS
§8-108. Appointment
If such absentee has left no corporeal property within the State, but there are debts or obligations due or owing to him from
persons within the State, a petition may be filed as provided in section 8-101, stating the nature and amount of such debts
and obligations so far as known, and praying that a receiver thereof may be appointed. The court may thereupon issue a notice
as provided, without issuing a warrant, and may, upon the return of said notice and after a hearing, dismiss the petition
or appoint a receiver and authorize and direct him to demand and collect the debts and obligations of said absentee. Said
receiver shall give bond as provided in section 8-105, and shall hold the proceeds of such debts and obligations and all property
received by him and distribute the same as provided.
[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 - §8-109. Perishable goods
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 1: RECEIVERSHIPS FOR MISSING AND ABSENT PERSONS
§8-109. Perishable goods
The court may make orders for the care, custody, leasing and investing of all property and its proceeds in the possession
of the receiver. If any of the said property consists of live animals or is perishable or cannot be kept without great or
disproportionate expense, the court may, after the return of the warrant, order such property to be sold at public or private
sale. After the appointment of a receiver, upon his petition, the court may order all or part of said property, including
the rights of the absentee in land, to be sold at public or private sale to supply money for payments authorized by this subchapter
or for reinvestment approved by the 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 - §8-110. Support of dependents
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 1: RECEIVERSHIPS FOR MISSING AND ABSENT PERSONS
§8-110. Support of dependents
The court may order said property or its proceeds acquired by mortgage, lease or sale to be applied in payment of charges
incurred or that may be incurred in the support and maintenance of the absentee's spouse and dependent children, and to the
discharge of such debts and claims for alimony as may be proved against said absentee.
[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 - §8-111. Arbitration of claims
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 1: RECEIVERSHIPS FOR MISSING AND ABSENT PERSONS
§8-111. Arbitration of claims
The court may authorize the receiver to adjust by arbitration or compromise any demand in favor of or against the estate of
such absentee.
[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 - §8-112. Compensation; cessation of duties
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 1: RECEIVERSHIPS FOR MISSING AND ABSENT PERSONS
§8-112. Compensation; cessation of duties
The receiver shall be allowed such compensation and disbursements as the court orders, to be paid out of said property or
proceeds. If within 8 years after the date of the disappearance and absconding as found and recorded by the court, such absentee
appears, or a personal representative, assignee in insolvency or trustee in bankruptcy of said absentee is appointed, such
receiver shall account for, deliver and pay over to him the remainder of said property. If said absentee does not appear and
claim said property within said 8 years, all his right, title and interest in said property, real or personal, or the proceeds
thereof, shall cease, and no action shall be brought by him on account thereof.
[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 - §8-113. Termination of receivership
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 1: RECEIVERSHIPS FOR MISSING AND ABSENT PERSONS
§8-113. Termination of receivership
If at the expiration of said 8 years said property has not been accounted for, delivered or paid over under section 8-112
the court shall order the distribution of the remainder to the persons to whom, and in the shares and proportions in which,
it would have been distributed if said absentee had died intestate within the State on the day 8 years after the date of the
disappearance or absconding as found and recorded by the court, except that said receiver shall deduct from the share of each
distributee and pay to the State Tax Assessor for the use of the State such amount as said distributee would have paid in
an inheritance tax to the State if said distributee had received the property by inheritance from a deceased resident of 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 - §8-114. Limitations
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 1: RECEIVERSHIPS FOR MISSING AND ABSENT PERSONS
§8-114. Limitations
If such receiver is not appointed within 7 years after the date found by the court under section 8-105, the time limited to
accounting for, or fixed for distributing, said property or its proceeds, or for barring actions relative thereto, shall be
one year after the date of the appointment of the receiver instead of the 8 years provided in sections 8-112 and 8-113.
[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 - §8-201. Bonds and obligations in trust; valuation; amortization (REPEALED)
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 2: ALLOCATION OF PRINCIPAL AND INCOME (HEADING: PL 2001, c. 544, @3 (rp))
§8-201. Bonds and obligations in trust; valuation; amortization (REPEALED)
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2001,
Ch. 544,
§3
(RP ).
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 - §8-202. Income earned during administration (REPEALED)
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 2: ALLOCATION OF PRINCIPAL AND INCOME (HEADING: PL 2001, c. 544, @3 (rp))
§8-202. Income earned during administration (REPEALED)
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2001,
Ch. 544,
§3
(RP ).
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 - §8-203. Income on general devise of personal property in trust, in trust or for a term (REPEALED)
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 2: ALLOCATION OF PRINCIPAL AND INCOME (HEADING: PL 2001, c. 544, @3 (rp))
§8-203. Income on general devise of personal property in trust, in trust or for a term (REPEALED)
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2001,
Ch. 544,
§3
(RP ).
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 - §8-204. Dividends representing capital gains (REPEALED)
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 2: ALLOCATION OF PRINCIPAL AND INCOME (HEADING: PL 2001, c. 544, @3 (rp))
§8-204. Dividends representing capital gains (REPEALED)
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2001,
Ch. 544,
§3
(RP ).
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 - §8-301. Applicability to proceedings on other bonds
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 3: PROCEDURES GOVERNING BONDS
§8-301. Applicability to proceedings on other bonds
Except as otherwise provided by law, and insofar as the provisions of this Part are applicable, like proceedings, judgment
and execution shall be had on the bonds given to any judge by personal representatives, guardians, conservators, trustees,
surviving partners, assignees of insolvent debtors and others, in the manner provided in this Part.
[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 - §8-302. Surety on bond may cite trust officers for accounting
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 3: PROCEDURES GOVERNING BONDS
§8-302. Surety on bond may cite trust officers for accounting
Whenever any surety on any bond has reason to believe that the trust officer has depleted or is wasting or mismanaging the
estate, the surety may cite the trust officer before the judge of probate as provided in section 3-110. If upon hearing the
judge is satisfied that the estate held in trust by such officer has been depleted, wasted or mismanaged, he may remove the
trust officer and appoint another in his stead.
[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 - §8-303. Agreement with sureties for joint control
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 3: PROCEDURES GOVERNING BONDS
§8-303. Agreement with sureties for joint control
It shall be lawful for any party of whom a bond, undertaking or other obligation is required to agree with his surety or sureties
for the deposit of any or all moneys and assets for which he and his surety or sureties are or may be held responsible with
a national bank, savings banks, safe-deposit or trust company, authorized by law to do business as such in this State, or
with other depository approved by the court having jurisdiction over the trust or undertaking for which the bond is required,
or a judge thereof, if such deposit is otherwise proper, for the safekeeping thereof, and in such manner as to prevent the
withdrawal of such money or assets or any part thereof, without the written consent of such surety or sureties, or an order
of such court or judge thereof, made on such notice to such surety or sureties as such court or judge may direct. Such agreement
shall not in any manner release from or change the liability of the principal or sureties as established by the terms of the
said bond.
[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 - §8-304. Approval of bond by judge
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 3: PROCEDURES GOVERNING BONDS
§8-304. Approval of bond by judge
Except as otherwise provided by sections 3-603 to 3-606, 4-204, 4-207, 5-411, 5-412 and 5-432 and Title 18-B, section 702,
no bond required to be given to the judge of probate or to be filed in the probate office is sufficient until it has been
examined by the judge and the judge's approval has been written thereon.
[2003, c. 618, Pt. B, §15 (amd); §20 (aff).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2003,
Ch. 618,
§B15
(AMD).
PL 2003,
Ch. 618,
§B20
(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 - §8-305. Insufficient sureties
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 3: PROCEDURES GOVERNING BONDS
§8-305. Insufficient sureties
When the sureties in any such bond are insufficient the judge, on petition of any person interested and with notice to the
principal, may require a new bond with sureties approved by him.
[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 - §8-306. Discharge of surety
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 3: PROCEDURES GOVERNING BONDS
§8-306. Discharge of surety
On application of any surety or principal in such bond, the judge on the due notice to all parties interested may, in his
discretion, discharge the surety or sureties from all liability for any subsequent but not for any prior breaches thereof,
and may require a new bond of the principal with sureties approved by him.
[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 - §8-307. New bonds or removal of principal
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 3: PROCEDURES GOVERNING BONDS
§8-307. New bonds or removal of principal
In either case, if the principal does not give the new bond within the time ordered by the judge, he shall be removed and
another appointed.
[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 - §8-308. Reduction of penal sum where signed by surety company
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 3: PROCEDURES GOVERNING BONDS
§8-308. Reduction of penal sum where signed by surety company
If a surety company becomes surety on a bond given to a judge of probate, the court may, upon petition of any party in interest
and after due notice to all parties interested, reduce the penal sum in which the principal and surety shall be liable for
a violation thereafter of the conditions of said bond.
[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 - §8-309. Actions on bonds
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 3: PROCEDURES GOVERNING BONDS
§8-309. Actions on bonds
Actions or proceedings on probate bonds of any kind payable to the judge may be commenced by any person interested in the
estate or other matter for which the bond was given, either in the probate court in which the bond was filed or in the Superior
Court of that 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 - §8-310. Principal made party in action against surety
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 3: PROCEDURES GOVERNING BONDS
§8-310. Principal made party in action against surety
If the principal in any such bond resides in the State when an action is brought thereon, and is not made a party thereto,
or if at the trial thereof, or on proceedings on a judgment against the sureties only, he is in the State, the court, at the
request of any such surety, may postpone or continue the action long enough to summon or bring him into 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 - §8-311. Proceedings and judgment
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 3: PROCEDURES GOVERNING BONDS
§8-311. Proceedings and judgment
Such surety may thereupon take out a writ, in the form prescribed by the court, to arrest the principal, if liable to arrest,
or to attach his estate and summon him to appear and answer as a defendant in the action. If, after 14 days' previous service
of such process, he fails thus to appear at the time appointed and judgment is rendered for the plaintiff, it shall be against
him and the other defendants as if he had been originally a party, and any attachment made or bail taken on such process is
liable to respond to the judgment as if made or taken in the original 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 - §8-312. Limitation of actions on bonds
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 3: PROCEDURES GOVERNING BONDS
§8-312. Limitation of actions on bonds
Except in the case of personal representatives provided for under sections 3-1005 and 3-1007, and insofar as applicable under
the provisions of section 8-301, an action on a bond must be commenced within 6 years after the principal has been cited by
the court to appear to settle his account or, if not so cited, within 6 years from the time of the breach of his bond, unless
the breach is fraudulently concealed by the principal or surety from the persons pecuniarily interested and who are parties
to the action, and in such case within 3 years from the time such breach is discovered.
[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 - §8-313. Judicial authorization of actions
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 3: PROCEDURES GOVERNING BONDS
§8-313. Judicial authorization of actions
The judge of probate may expressly authorize or instruct a personal representative or other fiduciary, at the judge's discretion
or on the complaint of any interested person, to commence an action on the bond for the benefit of the estate. Nothing herein
may be deemed to limit the power or duty of a successor fiduciary to bring such proceedings as they are authorized to bring
without express court authorization under section 3-606, subsection (a), paragraph (4); section 5-412, subsection (a), paragraph
(3); Title 18-B, section 702; or as otherwise provided by law.
[2003, c. 618, Pt. B, §16 (amd); §20 (aff).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2003,
Ch. 618,
§B16
(AMD).
PL 2003,
Ch. 618,
§B20
(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 - §8-314. Forfeiture for failure to account when ordered
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 3: PROCEDURES GOVERNING BONDS
§8-314. Forfeiture for failure to account when ordered
When it appears in any action of a bond against a principal that he has been cited to account for such personal property of
the estate as he has received, and has not done so, execution shall be awarded against him for the full value thereof, without
any allowance for charges of administration or debts paid.
[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 - §8-315. Judgment in trust for all interested
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 3: PROCEDURES GOVERNING BONDS
§8-315. Judgment in trust for all interested
Every judgment and execution in an action on the bond shall be recovered by the judge in trust for all parties interested
in the penalty of the bond. The judge shall require the delinquent fiduciary to account for the amount, if still in office,
or assign it to his successor to be collected and distributed or otherwise disposed of as assets.
[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 - §8-401. Time of taking effect; provisions for transition
Title 18-A: PROBATE CODE
Article VIII: Miscellaneous Provisions
Part 4: EFFECTIVE DATE
§8-401. Time of taking effect; provisions for transition
(a) This Code takes effect on January 1, 1981.
[1979, c. 540, §1 (new).]
(b) Except as provided elsewhere in this Code, on the effective date of this Code:
(1) The Code applies to any wills of decedents dying thereafter;
[1979, c. 540, § 1 (new).]
(2) The Code applies to any proceedings in Court then pending or thereafter commenced regardless of the time of the death of
decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular
case in the interest of justice or because of infeasibility of application of the procedure of this Code;
[1979, c. 540, § 1 (new).]
(3) Every personal representative including a person administering an estate of a minor or incompetent holding an appointment
on that date, continues to hold the appointment but has only the powers conferred by this Code and is subject to the duties
imposed with respect to any act occurring or done thereafter and a guardian appointed prior to January 1, 1981 shall have
the powers conferred by this Code on guardians and conservators, unless otherwise limited by the original order of appointment
or subsequent court order under this Code;
[1981, c. 127, § 1 (amd).]
(4) An act done before the effective date in any proceeding and any accrued right is not impaired by this Code. If a right is
acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions
of any statute before the effective date, the provisions shall remain in force with respect to that right;
[1979, c. 540, § 1 (new).]
(5) Any rule of construction or presumption provided in this Code applies to instruments executed and multiple party accounts
opened before the effective date unless there is a clear indication of a contrary intent; and
[1979, c. 540, § 1 (new).]
(6) For an adoption decree entered before the effective date and not amended after the effective date, the child shall be the
child of both the natural and adopting parents for purposes of intestate succession, notwithstanding section 2-109, subsection
(1), unless the decree provides otherwise.
[1979, c. 540, § 1 (new).]
[1981, c. 127, § 1 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1981,
Ch. 127,
§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 
