§3-601. Qualification Prior to receiving letters, a personal representative must qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. […]
§3-602. Acceptance of appointment; consent to jurisdiction By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding must be delivered to the personal representative, or mailed to the personal representative by ordinary […]
§3-603. Bond not required without court order; exceptions Bond is not required of a personal representative appointed in informal proceedings, except upon the appointment of a special administrator, when an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond or when bond is required […]
§3-604. Bond amount; security; procedure; reduction If bond is required and the provisions of the will or order do not specify the amount, unless stated in the application or petition, the person qualifying shall file a statement under oath with the register indicating that person’s best estimate of the value of the personal estate of […]
§3-605. Demand for bond by interested person Any person apparently having an interest in the estate worth in excess of $5,000, or any creditor having a claim in excess of $5,000, may make a written demand that a personal representative give bond. The demand must be filed with the register and a copy mailed to […]
§3-606. Terms and conditions of bonds 1. Required terms and conditions. The following requirements and provisions apply to any bond required by this Part. A. Bonds must name the State of Maine as obligee for the benefit of the persons interested in the estate and must be conditioned upon the faithful discharge by the […]
§3-607. Order restraining personal representative 1. Order. On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or exercise of any powers or discharge of any duties of the personal representative’s office, […]
§3-608. Termination of appointment; general Termination of appointment of a personal representative occurs as indicated in sections 3‑609 to 3‑612. Termination ends the right and power pertaining to the office of personal representative as conferred by this Code or any will, except that a personal representative, at any time prior to distribution or until restrained […]
§3-609. Termination of appointment; death or disability The death of a personal representative or the appointment of a conservator for the estate of a personal representative terminates the personal representative’s appointment. Until appointment and qualification of a successor or special personal representative to replace the deceased or protected personal representative, the personal representative of the […]
§3-610. Termination of appointment; voluntary 1. One year after closing of estate by sworn statement. An appointment of a personal representative terminates as provided in section 3‑1003, one year after the filing of a closing statement. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Upon […]
§3-611. Termination of appointment by removal; cause; procedure 1. Petition for removal of personal representative. A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice must be given by the […]
§3-612. Termination of appointment; change of testacy status Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will that is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to […]
§3-613. Successor personal representative Parts 3 and 4 of this Article govern proceedings for appointment of a personal representative to succeed a personal representative whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and […]
§3-614. Special administrator; appointment A special administrator may be appointed: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Informal proceedings. Informally by the register on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of […]
§3-615. Special administrator; who may be appointed 1. Named executor, if available. If a special administrator is to be appointed pending the probate of a will that is the subject of a pending application or petition for probate, the person named executor in the will must be appointed if available and qualified. [PL 2017, […]
§3-616. Special administrator; appointed informally; powers and duties A special administrator appointed by the register in informal proceedings pursuant to section 3-614, subsection 1 has the duty to collect and manage the assets of the estate, to preserve them, to account for them and to deliver them to the general personal representative upon the general […]
§3-617. Special administrator; formal proceedings; power and duties A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts or […]
§3-618. Termination of appointment; special administrator The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in sections 3‑608 to 3‑611. [PL 2017, […]
§3-619. Public administrators 1. Public administrators; appointment; powers and duties. The Governor shall appoint in each county for a term of 4 years, unless sooner removed, a public administrator who shall, upon petition to the court and after notice and hearing, be appointed to administer the estates of persons who die intestate within the county, […]
