Title 18-C, Title 18-C

The absentee or a person who claims an interest in any of the property may appear and show cause why the petition should not be granted. The court may, after hearing, dismiss the petition and order that the property in possession of the public administrator be returned to the per…

After approval of a bond under section 8-105, the court may order the public administrator to transfer and deliver to the receiver possession of the property under the warrant. The receiver shall file a schedule of the property received in the registry of probate.

In addition to property transferred to the receiver under section 8-106, the receiver shall take possession of any other property within the State that belongs to the absentee and demand and collect all debts due the absentee from any person in the State and hold the same as if i…

If an absentee has left no corporeal property within the State, but there are debts or obligations due or owing the absentee from persons in the State, a petition may be filed as provided in section 8-101, stating the nature and amount of the absentee's known debts and obligation…

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 property consists of live animals or is perishable or cannot be kept without great or disproportionate expense, the court may, …

The court may order the absentee's property or its proceeds acquired by mortgage, lease or sale to be applied in payment of expenses incurred or that may be incurred to support and maintain the absentee's spouse and dependent children and to discharge any debts and claims for spo…

The court may authorize the receiver appointed under section 8-108 to adjust by arbitration or compromise any demand in favor of or against the absentee's estate.

The receiver appointed under section 8-108 may receive compensation and disbursements ordered by the court, to be paid out of the absentee's property or proceeds. If, within 8 years after the date of the disappearance or absconding found by the court under section 8-105, the abse…

If at the expiration of 8 years after the date of the disappearance or absconding found by the court under section 8-105, the absentee's property has not been accounted for, delivered or paid over under section 8-112, the court shall order distribution of the remainder to the per…

Notwithstanding sections 8‑112 and 8‑113, if a receiver is not appointed within 7 years after the date of disappearance or absconding found by the court under section 8‑105, the time limited to accounting for, or fixed for distributing, the absentee's property or its proceeds, or…

Except as otherwise provided by law, and whenever the provisions of this Part are applicable, proceedings, judgment and execution on the bonds given to the State of Maine or the court by personal representatives, guardians, conservators, trustees, surviving partners, assignees of…

Whenever a surety on a 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 court as provided in section 3-110. If upon hearing the court is satisfied that the estate held in trust…

It is lawful for any party of whom a bond, undertaking or other obligation is required to agree with the surety or sureties for the deposit of any or all money and assets for which the party and the surety or sureties are or may be held responsible with a national bank, savings b…

Except as otherwise provided by sections 3‑603 to 3‑606, 4‑204, 4‑207, 5‑125, 5‑415 and 5‑416 and Title 18‑B, section 702, a bond required to be given to the State of Maine or the court or to be filed in the probate office is insufficient until it has been examined by the court a…

When the sureties in a bond under section 8-204 are insufficient, the court, on petition of any person interested and with notice to the principal, may require a new bond with sureties approved by the court.

On application of any surety or principal of a bond under this Part, the court, after notice to all parties interested, may discharge the surety or sureties from all liability for any subsequent breach but not for any prior breaches and may require a new bond of the principal wit…

In proceedings under sections 8‑205 and 8‑206, if the principal does not give a new bond within the time ordered by the court, the principal must be removed and another appointed.

If a surety company becomes surety on a bond given to the State of Maine, the court may, upon petition of any party in interest and after notice to all interested parties, reduce the amount for which the principal and surety are liable for a subsequent violation of the conditions…

Actions or proceedings on probate bonds of any kind payable to the State of Maine or the court 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…

If the principal of the bond resides in the State when an action is brought under section 8-209, and is not made a party to the action, or if at the trial or on proceedings on a judgment against the sureties only the principal is in the State, the court, at the request of any suc…

With approval of the court after a continuance is issued under section 8-210, the surety may request a writ, in the form prescribed by the court, to arrest the principal, if liable to arrest, or to attach the principal's estate and summon the principal to appear and answer as a d…

Except in the case of personal representatives provided for under sections 3‑1005 and 3‑1007, and whenever applicable under section 8‑201, an action on a bond must be commenced within 6 years after the principal has been cited by the court to appear to settle the account or, if n…

The court may expressly authorize or instruct a personal representative or other fiduciary, on the court's own initiative or on the complaint of any interested person, to commence an action on the bond for the benefit of the estate. Nothing in this section may be deemed to limit …

When it appears in an action on a bond against a principal that the principal is unable to account for personal property of the estate that the principal has received, execution must be awarded against the principal for the full value of the unaccounted-for property, without any …

Every judgment and execution in an action on the bond must be recovered by the court in trust for all interested parties. The judge shall order the delinquent fiduciary, if still in office, to account for the amount or to assign the amount to the fiduciary's successor to be colle…

1. Effective date. This Code takes effect on September 1, 2019. 2. Applicability. Except as provided elsewhere in this Code, on the effective date of this Code: A. The Code applies to any wills of decedents who die on or after the effective date; [PL 2019, c. 598, §7 (AMD); PL 20…