§3-307. Informal appointment proceedings; delay in order; duty of register; effect of appointment
1. Duty to appoint; delay in order. Upon receipt of an application for informal appointment of a personal representative, other than a special administrator as provided in section 3‑614, if at least 120 hours have elapsed since the decedent's death, the register, after making the findings required by section 3‑308, shall appoint the applicant subject to qualification and acceptance. If the decedent was a nonresident, the register shall delay the order of appointment until 30 days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant or unless the decedent's will directs that the decedent's estate be subject to the laws of this State.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2. Effect of appointment. The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative it creates, is subject to termination as provided in sections 3‑608 to 3‑612 but is not subject to retroactive vacation.
[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).
Structure Maine Revised Statutes
Article 3: PROBATE OF WILLS AND ADMINISTRATION
Part 3: INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS
18-C §3-301. Informal probate or appointment proceedings; application; contents
18-C §3-302. Informal probate; duty of register; effect of informal probate
18-C §3-303. Informal probate; proof and findings required
18-C §3-304. Informal probate; unavailable in certain cases
18-C §3-305. Informal probate; register not satisfied
18-C §3-306. Informal probate; notice requirements
18-C §3-308. Informal appointment proceedings; proof and findings required
18-C §3-309. Informal appointment proceedings; register not satisfied
18-C §3-310. Informal appointment proceedings; notice requirements
18-C §3-311. Informal appointment unavailable in certain cases