Title 18-C, Title 18-C

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 adopted under section 1‑304. In addition, notwithstanding Title 22, section…

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 or to perform other duties, and for purposes of consenting to modification or terminati…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Consumer Price Index" means the Consumer Price Index, Annual Average, for All Urban Consumers, CPI-U: U.S. City Average, All items, reported by th…

Any recorded instrument described in this Code on which the register of deeds notes by an appropriate stamp "Maine Real Estate Transfer Tax Paid" is prima facie evidence that the transfer was made for value.

1. Fiduciary powers to comply with environmental law. 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: A. To inspect and m…

1. Appointment order. In any proceeding under this Code 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. …

As used in this Code, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Agent. "Agent" includes an attorney-in-fact under a durable or nondurable power of attorney, an…

Except as otherwise provided in this Code, this Code applies to the following: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Domiciled in the State. The affairs and estates of decedents, missing persons and persons to be protected who are domiciled in …

1. Subject matter jurisdiction. To the full extent permitted by the laws of the State, the court has jurisdiction over all subject matter relating to: A. The estates of decedents, including the construction of wills and determination of heirs and successors of decedents, and esta…

1. Court where proceeding first commenced. If a proceeding under this Code could be maintained in more than one court in this State, the court in which the proceeding is first commenced has the exclusive right to proceed. 2. Multiple proceedings. If proceedings concerning the sam…

1. Rules. The Supreme Judicial Court may 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 from such proceedings. The rules must be consistent with the provisions of this Co…

The register shall maintain records and files and provide copies of documents as provided in sections 1‑501 to 1‑511 and further records and copies as the Supreme Judicial Court may by rule provide. The register is subject to the supervision and authority of the judge of the cour…

1. No jury trial. In any proceeding under this Code, the court shall sit without a jury. 2. Removal to Superior Court for jury trial. 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 …

The register has the power to probate wills, appoint personal representatives as provided in sections 3‑302 and 3‑307 and perform other duties set out in this Code. The acts and orders that may be performed by the register under this Code may also be performed by a judge of the c…

Appeals from all final judgments, orders and decrees of the court may be taken to the Supreme Judicial Court, sitting as the Law Court, as in other civil actions.

A judge of the court must be chosen and shall serve as provided in Title 4, sections 301 to 312.

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, is deemed to include an oath, affirmation or statement to the effect that its representations are true…

Whenever notice of any proceeding or any hearing is required under this Code, it must be given to any interested person in the manner the Supreme Judicial Court provides by rule. Each notice must include notification of any right to contest or appeal and may be proved by the fili…

A person, including a guardian ad litem, conservator or other fiduciary, may waive notice in the manner the Supreme Judicial Court provides by rule.

In formal proceedings involving trusts or estates of decedents, minors, protected persons or incapacitated persons, and in judicially supervised settlements, the following provisions apply. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Pleadings. Inter…

1. Election. Registers of probate are elected or appointed as provided in the Constitution of Maine. A register's election is effected and determined as is provided for county commissioners by Title 30‑A, chapter 1, subchapter 2, and a register's term commences on the first day o…

A register's bond is conditioned on the register's accounting, according to law, for all fees received by or payable to the register by virtue of the office and the register's paying the fees to the county treasurer by the 15th day of each month following the month in which the f…

1. Duties. Registers are responsible for 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, guardianships or conservatorships issue…

1. Duty of register. The register shall prepare and submit a certification in accordance with subsection 2 within 30 days after the date on which: A. A will has been proved or allowed; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. An appointment of a p…

1. Notice to devisees and heirs. A register shall, within 30 days after the filing of an application for the appointment of a personal representative, notify by mail all of the decedent’s devisees and heirs of the right of a surviving spouse to demand an elective share and the ti…

A register may appoint a deputy register for the county, subject to the requirements of Title 30-A, section 501. The deputy register may perform any of the duties prescribed by law to be performed by the register. The signature of the deputy register has the same force and effect…

A judge shall constantly inspect the conduct of the register with respect to the register's records and duties and give information in writing of any breach of the register's bond to the treasurer of the county, who shall bring a civil action. Any funds recovered in the civil act…

When a register is unable to perform or neglects the duties of the office, the judge shall certify the register's inability or neglect to the county treasurer, the time of the commencement and termination of the inability or neglect and the name of the person who has performed th…

When there is a vacancy in the office of register and the office's records are incomplete, the records may be completed and certified by the person appointed to act as register or by the register's successor.

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; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (…

For all approved blanks, forms or schedule paper required in court proceedings, the register shall charge fees, which must be set by the register and approved by the county commissioners, so as to avoid incurring a loss to the county for such services. The register shall pay such…

In contested probate cases and appeals, costs may be allowed to either party, including reasonable witness fees, costs 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 requir…

The person making the request shall pay the register the following fees for filing or certifying documents. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Certification. For making and certifying to the register of deeds copies of devises of real estate…

A register shall account for each calendar month under oath to the county treasurer for all fees received by the register or payable to the register by virtue of the office, specifying the items, and shall pay the whole amount for each calendar month to the treasurer of the count…

When a partition of real estate is made by order of a judge, the interested parties shall pay the expenses in proportion to their interests. When expenses accrue prior to the closing order or statement of the personal representative of the deceased owner of such real estate, the …

Court 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 as well as mileage at the rate …

Court reporters shall furnish correct typewritten copies of the oral testimony taken at any hearing or examination upon request by any person and payment of transcript rates prescribed by the Supreme Judicial Court.

1. Surcharge. In addition to any other fees required by law, a register shall collect a surcharge of $10 per petition, application or complaint, except for name changes, filed in the court. 2. Nonlapsing account. The surcharge imposed in subsection 1 must be transferred to the co…

Unless otherwise specifically stated in statute or in the Rules of Probate Procedure published by the Supreme Judicial Court, the Probate Court shall charge the same fee charged by the District Court or the Superior Court for similar procedures.

1. Petition, request; where filed. This section governs the process to change the name of a person. A. A person may petition to change that person's name in the Probate Court in the county where the person resides. [PL 2021, c. 14, §1 (NEW).] B. A parent or guardian of a minor ma…

The Probate and Trust Law Advisory Commission, established in Title 5, section 12004-I, subsection 73-B and referred to in this Part as "the commission," is created for the purpose of conducting a continuing study of the probate and trust laws of the State. [PL 2017, c. 402, Pt. …

Whenever it considers appropriate, the commission may seek the advice of consultants or experts, including representatives of the legislative and executive branches, in fields related to the commission's duties.

1. Examine, evaluate and recommend. The commission shall: A. Examine this Title and Title 18-B and draft amendments that the commission considers advisable; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Evaluate the operation of this Title and Title 18…

The Chief Justice of the Supreme Judicial Court shall notify all members of the commission of the time and place of the first meeting of the commission. At that time the commission shall organize, elect a chair, vice-chair and secretary-treasurer from its membership and adopt rul…

The commission may accept federal funds on behalf of the State.