§3-401. Formal testacy proceedings; nature; when commenced
A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 3-402, subsection 1 in which the petitioner requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will that is the subject of a pending application, or a petition in accordance with section 3-402, subsection 2 for an order that the decedent died intestate. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
During the pendency of a formal testacy proceeding, the register may not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from making any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of the office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution. [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 4: FORMAL TESTACY AND APPOINTMENT PROCEEDINGS
18-C §3-401. Formal testacy proceedings; nature; when commenced
18-C §3-402. Formal testacy or appointment proceedings; petition; contents
18-C §3-403. Formal testacy proceeding; notice of hearing on petition
18-C §3-404. Formal testacy proceedings; written objections to probate
18-C §3-405. Formal testacy proceedings; uncontested cases; hearings and proof
18-C §3-406. Formal testacy proceedings; contested cases
18-C §3-407. Formal testacy proceedings; burdens in contested cases
18-C §3-409. Formal testacy proceedings; order; foreign will
18-C §3-410. Formal testacy proceedings; probate of more than one instrument
18-C §3-411. Formal testacy proceedings; partial intestacy
18-C §3-412. Formal testacy proceedings; effect of order; vacation
18-C §3-413. Formal testacy proceedings; vacation of order for other cause
18-C §3-414. Formal proceedings concerning appointment of personal representative