§3-409. Formal testacy proceedings; order; foreign will
After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was commenced within the limitation prescribed by section 3-108, the court shall determine the decedent's domicile at death, heirs and state of testacy. Any will found to be valid and unrevoked must be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by section 3-612. The petition must be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a foreign jurisdiction, including a place that does not provide for probate of a will after death, may be proved for probate in this State by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place. [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