An Act To Reorganize the Probate Courts
Maine Legislature, Session 129, LD 0657
Committee: Judiciary
Sponsors: CARDONE, CARPENTER, BAILEY, BRADSTREET, DENNO, HARNETT, MOONEN, KEIM

Legislative Document
No. 657
H.P. 478
House of Representatives, February 7, 2019
An Act To Reorganize the Probate Courts
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CARDONE of Bangor.
Cosponsored by Senator CARPENTER of Aroostook and
Representatives: BAILEY of Saco, BRADSTREET of Vassalboro, DENNO of Cumberland, 
DeVEAU of Caribou, HARNETT of Gardiner, MOONEN of Portland, Senator: KEIM of 
Oxford.
Be it enacted by the People of the State of Maine as follows:
CONCEPT DRAFT
SUMMARY
This bill is a concept draft pursuant to Joint Rule 208.
Maine voters amended the Constitution of Maine in 1967 and conditionally repealed 
the office of Probate Judge and Register.  The repeal is to become effective when the 
Legislature reforms the probate court system and provides it with full-time judges.  Many 
legislative changes have been made to this system since that time. Most recently, the 
128th Legislature passed Legislative Document 123, An Act To Recodify and Revise the 
Maine Probate Code, Public Law 2017, chapter 402.  This was a comprehensive effort to 
update each area of the law that involved the probate courts.  While these changes to the 
Probate Code and similar changes since 1967 have made the system different, there have 
been a number of unsuccessful legislative efforts to address the need for full-time judges 
as envisioned by the constitutional amendment.  This bill proposes to honor the will of 
the voters and complete that task by:
1.  Bringing the probate judge function into the state judicial branch by eliminating 
the existing office of probate judge and creating a number of new full-time state court 
judges who specialize in adjudicating probate law matters;
2.  Ensuring that Maine residents in all counties have equal and improved access to 
the services of a judge in probate law matters by reasonably calculating the number of 
new judge positions needed to fully meet this need; providing that judicial hearings will 
be held in existing county probate courtrooms so long as these spaces are accessible to all 
parties; and supplying recording devices and any other equipment necessary for the 
administration of justice by a state court judge.  The judicial branch will be responsible 
for providing any needed items and compensating the county for the use of the 
courtrooms.  This bill proposes to provide the judicial branch the funding needed for 
these purposes;
3.  Ensuring that all probate law records in all counties are contained in a 
computerized system with a searchable database that is part of the judicial branch case 
management system.  This bill proposes to provide a reasonable effective date for the 
accomplishment of that goal and a General Fund appropriation sufficient to cover the 
cost;
4.  Ensuring that Maine law provides that each county has an elected register of 
probate with an office, staff and authority to deliver informal probate services that do not 
require a judicial order to the public in a uniform manner.  This bill proposes to transfer 
existing judicial oversight of the register to the state court judge having responsibility for 
probate law matters in that county; and
5.  Providing continuing education through the judicial branch to each register of 
probate to ensure a common understanding of the law and the responsibilities of a 
register.  This bill proposes to ensure the participation of current registers in the planning, 
development and presentation of these programs.