An Act To Amend the Maine Uniform Probate Code Regarding Claims for Personal Injury
Maine Legislature, Session 129, LD 0690
Committee: Judiciary
Sponsors: BAILEY, CARPENTER
Amends: 18-C MRSA §3

Legislative Document
No. 690
H.P. 510
House of Representatives, February 7, 2019
An Act To Amend the Maine Uniform Probate Code Regarding 
Claims for Personal Injury
(EMERGENCY)
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BAILEY of Saco.
Cosponsored by Senator: CARPENTER of Aroostook.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Uniform Probate Code in the Maine Revised Statutes, Title 
18-C was enacted by the 128th Legislature with an effective date of July 1, 2019; and
Whereas, the provision in this Act is in the Probate Code in Title 18-A, which is 
effective until July 1, 2019, and was omitted from Title 18-C; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  18-C MRSA §3-108, sub-§1, ¶¶D and E, as enacted by PL 2017, c. 
402, Pt. A, §2 and affected by Pt. F, §1, are amended to read:
D.  An informal appointment or a formal testacy or appointment proceeding may be 
commenced more than 3 years after the decedent's death if no proceeding concerning 
the succession or estate administration has occurred within the 3-year period after the 
decedent's death, but the personal representative has no right to possess estate assets 
as provided in section 3-709 beyond that necessary to confirm title in the successors 
to the estate, and claims other than expenses of administration may not be presented 
against the estate; and
E.  A formal testacy proceeding may be commenced at any time after 3 years from 
the decedent's death for the purpose of establishing an instrument to direct or control 
the ownership of property passing or distributable after the decedent's death from a 
person other than the decedent when the property is to be appointed by the terms of 
the decedent's will or is to pass or be distributed as a part of the decedent's estate or 
its transfer is otherwise to be controlled by the terms of the decedent's will.; and
Sec. 2.  18-C MRSA §3-108, sub-§1, ¶F is enacted to read:
F.  Appropriate probate, appointment or testacy proceedings may be commenced in 
relation to a claim for personal injury made against the decedent by a person without 
actual notice of the death of the decedent at any time within 6 years after the cause of 
action accrues. If the proceedings are commenced more than 3 years after the 
decedent's death, any recovery is limited to applicable insurance.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect July 1, 2019.
SUMMARY
This bill amends the Maine Uniform Probate Code to provide that appropriate 
probate, appointment or testacy proceedings may be commenced in relation to a claim for 
personal injury made against a decedent by a person without actual notice of the death 
within 6 years after the cause of action accrues.