2018 Maine Revised Statutes
TITLE 18-C: PROBATE CODE
Article 3: PROBATE OF WILLS AND ADMINISTRATION
Part 3: INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS
18-C §3-308. Informal appointment proceedings; proof and findings required (WHOLE SECTION TEXT EFFECTIVE 7/1/19)
§3-308. Informal appointment proceedings; proof and findings required
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE 7/1/19)
1. Informal appointment proceedings; proof and findings required. In informal appointment proceedings, the register shall determine whether:
A. The application for informal appointment of a personal representative is complete; [2017, c. 402, Pt. A, §2 (NEW); 2017, c. 402, Pt. F, §1 (AFF).]
B. The applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief; [2017, c. 402, Pt. A, §2 (NEW); 2017, c. 402, Pt. F, §1 (AFF).]
C. The applicant appears from the application to be an interested person as defined in section 1-201, subsection 26; [2017, c. 402, Pt. A, §2 (NEW); 2017, c. 402, Pt. F, §1 (AFF).]
D. On the basis of the statements in the application, venue is proper; [2017, c. 402, Pt. A, §2 (NEW); 2017, c. 402, Pt. F, §1 (AFF).]
E. Any will to which the requested appointment relates has been formally or informally probated, but this requirement does not apply to the appointment of a special administrator; [2017, c. 402, Pt. A, §2 (NEW); 2017, c. 402, Pt. F, §1 (AFF).]
F. Any notice required by section 3-204 has been given; and [2017, c. 402, Pt. A, §2 (NEW); 2017, c. 402, Pt. F, §1 (AFF).]
G. From the statements in the application, the person whose appointment is sought has priority entitling the applicant to the appointment. [2017, c. 402, Pt. A, §2 (NEW); 2017, c. 402, Pt. F, §1 (AFF).]
[ 2017, c. 402, Pt. A, §2 (NEW); 2017, c. 402, Pt. F, §1 (AFF) .]
2. Denial. Unless section 3-612 controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in section 3-610, subsection 3 has been appointed in this or another county of this State; that, unless the applicant is the domiciliary personal representative or the nominee, the decedent was not domiciled in this State and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile; or that other requirements of this section have not been met.
[ 2017, c. 402, Pt. A, §2 (NEW); 2017, c. 402, Pt. F, §1 (AFF) .]
SECTION HISTORY
2017, c. 402, Pt. A, §2 (NEW). 2017, c. 402, Pt. F, §1 (AFF).