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MaineLD 1440132nd Maine Legislature (2025-2026)House

An Act to Amend the Maine Uniform Probate Code

Sponsored By: Sponsor information unavailable

Became Law

PROBATEPROBATE - PROCEEDINGS

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 4 benefits, 0 costs, 2 mixed.

Late probate allowed with strict limits

You can start a testacy or appointment case more than 3 years after death only when no probate case happened in the first 3 years. In these late cases, the personal representative may hold only assets needed to confirm title for successors. No claims, other than administration expenses, may be filed against the estate. The representative cannot pay the homestead, exempt property, or family allowances.

Easier cross-state adoption consents

Maine accepts an out-of-state surrender, release, or consent if it gets a lawyer’s affidavit or a court certificate showing the rules were followed and the person was advised. A putative parent’s waiver of notice is accepted if it meets section 9-201, subsection 3. If the other state has no comparable court, Maine approves in person or, after a motion, by video.

Guardianship ends when the adult dies

A guardian’s authority ends when the adult under guardianship dies. Other laws govern how to end or change a guardianship in other situations.

More unions count as marriage in probate

For transfers made during marriage, Maine treats a registered domestic partnership as a marriage. It also recognizes similar legal unions from other states with marriage-like rights. This lets more surviving partners use spousal transfer rules.

Out-of-state notarization for probate oaths

Judges, registers of probate, or any notary may take required probate oaths and acknowledgments. If you live outside Maine, you can use an out-of-state notary, a Maine commissioner, or a U.S. consul. Send the certified oath or acknowledgment back to the Maine registry of probate.

One probate appointment rule removed

The law removes one paragraph from the statute on probate appointment. Courts apply the updated text when deciding who to appoint.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. ACTPUB Chapter 168

    5/1/2026

  2. PASSED TO BE ENACTED, in concurrence.

    5/27/2025Senate

  3. PASSED TO BE ENACTED. Sent for concurrence. ORDERED SENT FORTHWITH.

    5/27/2025House

  4. Report READ and ACCEPTED, in concurrence.READ ONCE.Committee Amendment "A" (H-200) READ and ADOPTED, in concurrence.Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (H-200), in concurrence.Ordered sent down forthwith.

    5/21/2025Senate

  5. CONSENT CALENDAR - FIRST DAYUnder suspension of the rules CONSENT CALENDAR - SECOND DAY.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-200).Sent for concurrence. ORDERED SENT FORTHWITH.

    5/20/2025House

  6. Report READ and ACCEPTED, in concurrence.On motion by Senator Carney of Cumberland REFERRED to the Committee on JUDICIARY and ordered printed pursuant to Joint Rule 218, in concurrence.

    4/8/2025Senate

  7. Representative KUHN for the Probate and Trust Law Advisory Commission pursuant to the Maine Revised Statutes, Title 18-C, section 1-803, subsection 2, reports that the Bill be REFERRED to the Committee on JUDICIARY and ordered printed pursuant to Joint Rule 218.Report was READ and ACCEPTED.The Bill was REFERRED to the Committee on JUDICIARY and ordered printed pursuant to Joint Rule 218.Sent for concurrence. ORDERED SENT FORTHWITH.

    4/3/2025House

Bill Text

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