§8-201. Applicability to proceedings on other bonds 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 insolvent debtors and others must be conducted […]
§8-202. Surety on bond may cite trust officers for accounting 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 […]
§8-203. Agreement with sureties for joint control 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 […]
§8-204. Approval of bond by judge 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 […]
§8-205. Insufficient sureties 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. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 […]
§8-206. Discharge of surety 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 with sureties […]
§8-207. New bonds or removal of principal 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. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] […]
§8-208. Reduction of liability where signed by surety company 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 […]
§8-209. Actions on bonds 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 […]
§8-210. Principal made party in action against surety 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 […]
§8-211. Proceedings and judgment 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 defendant […]
§8-212. Limitation of actions on bonds 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 not […]
§8-213. Judicial authorization of actions 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 the power […]
§8-214. Forfeiture for failure to account when ordered 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 […]
§8-215. Judgment in trust for all interested 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 […]
