2021 Maine Revised Statutes
TITLE 18-C: PROBATE CODE
Article 3: PROBATE OF WILLS AND ADMINISTRATION
Part 8: CREDITORS' CLAIMS
18-C §3-816. Final distribution to domiciliary representative

§3-816. Final distribution to domiciliary representative

The estate of a nonresident decedent being administered by a personal representative appointed in this State must, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless:   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

1.  Maine law governs.  By virtue of the decedent's will, if any, and applicable choice of law provisions, the successors are identified pursuant to the law of this State without reference to the law of the decedent's domicile;  

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

2.  No domiciliary personal representative exists.  The personal representative of this State, after reasonable inquiry, is unaware of the existence or identity of a domiciliary personal representative; or  

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

3.  Court order.  The court orders otherwise in a proceeding for a closing order under section 3-1001 or incident to the closing of a supervised administration.  

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

In other cases, distribution of the estate of a decedent must be made in accordance with the other Parts of this Article.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

SECTION HISTORY

PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).