Maine Revised Statutes
Part 7: DUTIES AND POWERS OF PERSONAL REPRESENTATIVES
18-C §3-709. Duty of personal representative; possession of estate

§3-709. Duty of personal representative; possession of estate
Except as otherwise provided by a decedent's will, every personal representative has a right to and shall take possession or control of the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled to it until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence in any action against the heir or devisee for possession of the property that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on and take all steps reasonably necessary for the management, protection and preservation of the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of property or to determine the title of the property.   [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

Maine Revised Statutes

TITLE 18-C: PROBATE CODE

Article 3: PROBATE OF WILLS AND ADMINISTRATION

Part 7: DUTIES AND POWERS OF PERSONAL REPRESENTATIVES

18-C §3-701. Time of accrual of duties and powers

18-C §3-702. Priority among different letters

18-C §3-703. General duties; relation and liability to persons interested in estate; standing to sue

18-C §3-704. Personal representative to proceed without court order; exception

18-C §3-705. Duty of personal representative; information to heirs and devisees

18-C §3-706. Duty of personal representative; inventory and appraisal

18-C §3-707. Employment of appraisers

18-C §3-708. Duty of personal representative; supplementary inventory

18-C §3-709. Duty of personal representative; possession of estate

18-C §3-710. Power to avoid transfers

18-C §3-711. Powers of personal representatives; in general

18-C §3-712. Improper exercise of power; breach of fiduciary duty

18-C §3-713. Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions

18-C §3-714. Persons dealing with personal representative; protection

18-C §3-715. Transactions authorized for personal representatives; exceptions

18-C §3-716. Powers and duties of successor personal representative

18-C §3-717. Corepresentatives; when joint action required

18-C §3-718. Powers of surviving personal representative

18-C §3-719. Compensation of personal representative

18-C §3-720. Expenses in estate litigation

18-C §3-721. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate