An Act To Create the Probate and Trust Law Advisory Commission ( \,-_j
Maine Legislature, Session 124, LD 1006
Committee: Judiciary
Sponsors: DILL, HASTINGS
Amends: 5 MRSA §12004-I

MAINE STATE LEGISLATURE 
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124tb MAINE ,LEGISLATURE 
Legislative Document 
No. 1006 
H.P.694 
House of Representatives, March 12,2009 
'An Act To Create the Probate and Trust Law Advisory Commission 
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Reference to the Committee on Judiciary suggested and ordered printed. 
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Presented by Representative DILL of Cape Elizabeth. 
Cosponsored by Senator HASTINGS of Oxford. 
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MILLICENT M. MacFARLAND 
Clerk 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-I, sub-§73-B is enacted to read: 
73-B. 
Probate and Trust 
Probate and Trust 
Law 
Law Advisory 
Commission 
Expenses Only 
Sec. 2. 18-AMRSA Art. 1, Pt. 8 is enacted to read: 
PART 8 
18-A MRSA § 1-801 
PROBATE AND TRUST LAW ADVISORY COMMISSION 
§1-801. Commission established 
The Probate and Trust Law Advisory Commission, established in Title 5, section 
12004-1, subsection 73-B and referred to in this Part as "the commission," is created for 
the purpose of conducting a continuing study of the probate and trust laws of the State. 
1. Membership. The commission is composed of 10 members who have experience 
in practicing probate and trust law or be knowledgeable about probate and trust law. The 
membership of the commission must include: 
A Two Probate Court Judges, appointed by the Governor; 
B. 
One Superior Court Justice, appointed by the Chief Justice of the Supreme 
. Judicial Court; 
C. 
Five members of the trusts and estates law section of the Maine State Bar 
Association, appointed by the Chief Justice of the Supreme Judicial Court; 
D. 
One member representing the interests of older people, appointed by the 
Governor; and 
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E. The Attorney General, or the Attorney General's designee. 
2. Terms. A member is appointed for a term of 3 years and may be reappointed. 
3. Vacancies. In the event of the death or resignation of a member, the appointing 
authority under subsection 1 shall appoint a qualified person for the remainder of the 
term. 
§1-802. Consultants; experts 
Whenever it considers appropriate, the comrmSSlOn shall seek the advice of 
consultants or experts, including representatives of the legislative and executive branches, 
in fields related to the commission's duties. 
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§1-803. Duties 
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1. Examine, evaluate and recommend. The commission shall: 
A. Examine this Title and Title 18-B and draft amendments that the commission 
considers advisable; 
B. Evaluate the operation of this Title and Title 18-B and recommend amendments 
based on the evaluation; 
C. 
Examine current laws pertaining to probate and trust laws and recommend 
changes based on the examination; and 
D. 
Examine any other aspects of the State's probate and trust laws, including 
substantive, procedural and administrative matters, that the commission considers 
relevant. 
2. Propose changes. The commission may propose to the Legislature, at the start of 
each session, changes in the probate and trust laws and in related provisions that the 
commission considers appropriate. 
§1-804. Organization 
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The Chief Justice of the Supreme Judicial Court shall notify all members of the 
commission of the time and place of the first meeting of the commission. At that time the 
commission shall organize, elect a chair, vice-chair and secretary-treasurer from its 
membership and adopt rules governing the administration of the commission and' its 
affairs. The commission shall maintain financial records as required by the State Auditor. 
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§1-805. Federal funds 
The commission may accept federal funds on behalf of the State. 
SUMMARY 
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This bill establishes the Probate and Trust Law Advisory Commission,which is 
modeled on the Family Law Advisory Commission and the Criminal Law Advisory 
Commission, to conduct an ongoing evaluation of probate and trust laws and . to 
recommend amendments based on that examination. 
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