§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
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