An Act To Implement the Recommendations of the Commission To Create a Plan To Incorporate the Probate Courts into the Judicial Branch
Maine Legislature, Session 130, LD 1950
Committee: Judiciary
Amends: 4 MRSA §9-A, 4 MRSA §9-B, 4 MRSA §57, 4 MRSA §105, 4 MRSA §152, 4 MRSA §201, 4 MRSA §201-A, 4 MRSA §202, 4 MRSA §203, 4 MRSA §251, 4 MRSA §251-A, 4 MRSA §252, 4 MRSA §253, 4 MRSA §301, 4 MRSA §301-A, 4 MRSA §302, 4 MRSA §303, 4 MRSA §304, 4 MRSA §305, 4 MRSA §306, 4 MRSA §307, 4 MRSA §308, 4 MRSA §309, 4 MRSA §310, 4 MRSA §311, 4 MRSA §312, 4 MRSA §567, 4 MRSA §751, 4 MRSA §752, 4 MRSA §754, 4 MRSA §755, 4 MRSA §756, 4 MRSA §757, 18-C MRSA §1, 4 MRSA §17, 4 MRSA §17-A, 4 MRSA §18-A, 4 MRSA §18-B, 4 MRSA §24, 4 MRSA §115, 4 MRSA §301-B, 4 MRSA §301-C, 4 MRSA §1201, 4 MRSA §1552, 4 MRSA §1555, 4 MRSA §1801, 4 MRSA §1802, 4 MRSA §1804, 4 MRSA §1806, 18-C MRSA §5, 18-C MRSA §9, 21-A MRSA §1, 21-A MRSA §601

Legislative Document
No. 1950
H.P. 1453
House of Representatives, January 26, 2022
An Act To Implement the Recommendations of the Commission To 
Create a Plan To Incorporate the Probate Courts into the Judicial 
Branch
(EMERGENCY)
Reported by Representative HARNETT of Gardiner for the Joint Standing Committee on 
Judiciary pursuant to Resolve 2021, chapter 104, section 8.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
ROBERT B. HUNT
Clerk
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 existing Probate Court system established pursuant to the Constitution 
of Maine, Article VI, Section 6 was conditionally repealed by a vote of the people of Maine 
in 1967; and
Whereas, the effective date of the repeal was dependent on the establishment of a 
different Probate Court system with full-time judges by the Legislature; and
Whereas, this legislation implements the recommendations of the Commission To 
Create a Plan To Incorporate the Probate Courts into the Judicial Branch, which was 
established by Resolve 2021, chapter 104 to honor the intent of a long-standing vote of 
Maine people and directed to create a plan for a Probate Court system with full-time judges; 
and
Whereas, enactment of this legislation will trigger the repeal of the Constitution of 
Maine, Article VI, Section 6, which provides for the election of county probate judges and 
county registers of probate, some of whom are subject to primary and general elections this 
year; and
Whereas, it is therefore necessary to clarify the statutory processes by which probate 
court judges and registers of probate are selected before the date of the June 14, 2022 
primary; 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:
PART A
Sec. A-1.  Legislative intent.  In 1967, the Legislature finally passed Resolve 1967, 
chapter 77, which proposed to amend the Constitution of Maine by repealing Article VI, 
Section 6, "effective at such time as the Legislature by proper enactment shall establish a 
different Probate Court system with full-time judges."  The constitutional amendment in 
Resolve 1967, chapter 77 was approved by a majority of the voters of Maine on November 
7, 1967.   It is the intent of the Legislature that the enactment of this Act, which creates a 
statewide Probate Court with full-time judges, triggers the repeal of the Constitution of 
Maine, Article VI, Section 6 pursuant to Resolve 1967, chapter 77.
PART B
Sec. B-1.  4 MRSA §9-A, first ¶, as amended by PL 1987, c. 736, §2, is further 
amended to read:
The Supreme Judicial Court shall have has the power and authority to prescribe, repeal, 
add to, amend or modify rules of evidence with respect to any and all civil actions or other 
proceedings, and any and all proceedings in criminal cases before justices of the peace, 
District Courts, probate courts Probate Courts, Superior Courts and the Supreme Judicial 
Court.
Sec. B-2.  4 MRSA §9-B, as amended by PL 1999, c. 547, Pt. B, §3 and affected by 
§80, is further amended to read:
§9-B.  Committee on judicial responsibility and disability
The Supreme Judicial Court has the power and authority to prescribe, repeal, add to, 
amend or modify rules relating to a committee to receive complaints, make investigations 
and make recommendations to the Supreme Judicial Court in regard to discipline, 
disability, retirement or removal of justices of the Supreme Judicial Court and the Superior 
Court and judges of the District Court and the probate courts Probate Courts.
Sec. B-3.  4 MRSA §57, first ¶, as amended by PL 1999, c. 731, Pt. ZZZ, §2 and 
affected by §42, is further amended to read:
The following cases only come before the court as a court of law: Cases on appeal from 
the District Court, the Superior Court or a single Justice of the Supreme Judicial Court or 
from the probate courts Probate Court; questions of law arising on reports of cases, 
including interlocutory orders or rulings of such importance as to require, in the opinion of 
the justice, review by the Law Court before any further proceedings in the action; agreed 
statement of facts; cases presenting a question of law; all questions arising in cases in which 
equitable relief is sought; motions to dissolve injunctions issued after notice and hearing or 
continued after a hearing; questions arising on habeas corpus, mandamus and certiorari and 
questions of state law certified by the federal courts.  They must be marked "law" on the 
docket of the county or district where they are pending, and there continued until their 
determination is certified by the Clerk of the Law Court to the Register of Probate or clerk 
of courts of the county and the court shall immediately after the decision of the question 
submitted to it make such order, direction, judgment or decree as is fit and proper for the 
disposal of the case, and cause a rescript in all civil actions, briefly stating the points therein 
decided, to be filed therein, which rescript must be certified by the Clerk of the Law Court 
to the Register of Probate or clerk of courts of the county or district where the action is 
pending and to the Reporter of Decisions. If no further opinion is written out, the reporter 
shall publish in the next volume of reports thereafter issued the case, together with such 
rescript, if the reporter deems the same of sufficient importance for publication.
Sec. B-4.  4 MRSA §105, sub-§2, ¶A, as enacted by PL 1999, c. 731, Pt. ZZZ, §3 
and affected §42, is amended to read:
A.  Concurrent or exclusive jurisdiction is vested in the District Court or the Probate 
Court; or
Sec. B-5.  4 MRSA §152, sub-§4, as repealed and replaced by PL 2013, c. 21, §1, 
is amended to read:
4.  Exclusive jurisdiction.  Original jurisdiction, not concurrent with that of the 
Superior Court or Probate Court, of mental health commitment hearings under Title 34‑B, 
chapter 3, subchapter 4,; habitual truancy actions under Title 20‑A, chapters 119 and 211 
under which equitable relief may be granted; and small claims actions under Title 14, 
chapter 738;
Sec. B-6.  4 MRSA §152, sub-§5-A, as amended by PL 2017, c. 402, Pt. C, §3 and 
affected by PL 2019, c. 417, Pt. B, §14, is further amended to read:
5-A.  Actions involving minors under Title 18-C.  Exclusive jurisdiction of actions 
for guardianship, adoption, change of name or other matters involving custody or other 
parental rights brought under Title 18‑C if proceedings involving custody or other parental 
rights with respect to a minor child, including but not limited to adoption, divorce, parental 
rights and responsibilities, grandparents' rights, protective custody, change of name, 
guardianship, paternity, termination of parental rights and protection from abuse or 
harassment, are pending in the District Court.
A.  The District Court presiding over any matter involving custody or other parental 
rights with respect to a minor child shall require all parties to disclose whether they 
have knowledge of:
(1)  Any interim or final order then in effect concerning custody or other parental 
rights with respect to the minor child;
(2)  Any proceeding involving custody or other parental rights with respect to the 
minor child currently filed or pending before any court of this State or another 
state, including before a probate court in this State the Probate Court; or
(3)  Any other related action currently filed or pending before any court of this 
State or another state, including before a probate court in this State the Probate 
Court.
B.  If the District Court presiding over any matter involving custody or other parental 
rights with respect to a minor child becomes aware that a proceeding for guardianship, 
adoption or change of name or another matter involving custody or other parental rights 
with respect to the minor child is pending in a probate court in this State the Probate 
Court, the District Court shall notify the Probate Court and take appropriate action to 
facilitate a transfer of the matter from the Probate Court;
Sec. B-7.  4 MRSA §201 is repealed.
Sec. B-8.  4 MRSA §201-A is enacted to read:
§201-A.  Establishment; court of record; seal; process; contempt power
1.  Definition.  As used in this Title, unless the context otherwise indicates, "Probate 
Court" includes:
A.  Prior to January 1, 2025, each county Probate Court for which the term of the 
county's Probate Court Judge elected or appointed under the former Constitution of 
Maine, Article VI, Section 6 or elected under section 301-A, subsection 1 has not yet 
expired.  This paragraph does not include any county probate court in which a vacancy 
occurs after January 1, 2023 due to the death, resignation, removal from the county or 
permanent incapacity as defined in Title 30-A, section 1, subsection 2-A of the elected 
county Probate Court Judge; and
B. Beginning January 1, 2023, the Probate Court established under subsection 2, 
paragraph B in each county in which the term of the most recent county Probate Court 
Judge elected under the former Constitution of Maine, Article VI, Section 6 or under 
section 301-A, subsection 1 has expired or in which a vacancy occurs after January 1, 
2023 due to the death, resignation, removal from the county or permanent incapacity 
as defined in Title 30-A, section 1, subsection 2-A of the elected county Probate Court 
Judge.
2. Establishment; court of record; seal.  The provisions of this section govern the 
Probate Court.
A.  Each county Probate Court described in subsection 1, paragraph A, as heretofore 
established, is a court of record.  The Register of Probate shall maintain custody of the 
official seal of the county Probate Court.
B. A Probate Court for the State is established on January 1, 2023 as a court of record 
in the counties described in subsection 1, paragraph B.  The Chief Judge of the Probate 
Court shall establish the official seal of the court and provide the official seal to the 
Register of Probate in each county described in subsection 1, paragraph B.
3. Process; contempt power.  The Probate Court may issue any process necessary for 
the discharge of official duties and may punish for contempt of the court's authority.
Sec. B-9.  4 MRSA §202, as amended by PL 1981, c. 456, Pt. A, §5, is further 
amended to read:
§202.  Oaths and acknowledgments
All oaths required to be taken by personal representatives, trustees, guardians, or 
conservators, or of any other persons in relation to any proceeding in the probate court 
Probate Court, or to perpetuate the evidence of the publication of any order of notice, may 
be administered by the judge Probate Court Judge or register of probate Register of Probate 
or any notary public. A certificate thereof, when taken out of court, shall must be returned 
into the registry of probate and there filed. When any person of whom such oath is required, 
including any parent acknowledging consent to an adoption, resides temporarily or 
permanently without outside of the State, the oath or acknowledgment may be taken before 
and be certified by a notary public without the State in another state, a commissioner for 
the State of Maine or a United States Consul.
Sec. B-10.  4 MRSA §203 is amended to read:
§203.  Rights of claimants under heir
Any person claiming under an heir at law has the same rights as the heir in all 
proceedings in probate courts Probate Court, including rights of appeal.
Sec. B-11.  4 MRSA §251, as corrected by RR 2015, c. 2, §1, is further amended to 
read:
§251.  General jurisdiction
Each judge Probate Court may take the probate of wills and grant letters testamentary 
or of administration on the estates of all deceased persons who, at the time of their death, 
were inhabitants or residents of the judge's county in which the Probate Court is located or 
who, not being residents of the State, died leaving an estate to be administered in the judge's 
that county, or whose estate is afterwards found therein; and has jurisdiction of all matters 
relating to the settlement of such estates. A judge may grant leave to adopt children, change 
the names of persons, appoint guardians for minors and others according to law and has 
jurisdiction as to persons under guardianship, and as to whatever else is conferred by law, 
except in cases in which the District Court has jurisdiction over a child pursuant to section 
152, subsection 5‑A. Except in cases in which the District Court has exclusive jurisdiction 
over a child pursuant to section 152, subsection 5-A, each Probate Court has jurisdiction to 
the extent authorized in Title 18-C over adoptions, name change petitions, guardianships, 
conservatorships and other protective arrangements; has jurisdiction to the extent 
authorized in Title 18-C as to persons under guardianship, conservatorship or other 
protective arrangements; and has jurisdiction over any other matter as provided by law.
Sec. B-12.  4 MRSA §251-A, as enacted by PL 2015, c. 460, §4, is amended to read:
§251-A.  Other proceedings involving parental rights; transfer to District Court
1.  Disclosure of orders and proceedings.  The judge of probate presiding over any 
matter involving guardianship, adoption or change of name or another matter involving 
custody or other parental rights with respect to a minor child Probate Court shall require 
all parties in any matter involving guardianship, adoption or change of name or another 
matter involving custody or other parental rights with respect to a minor child to disclose 
whether they have knowledge of:
A.  Any interim or final order then in effect concerning custody or other parental rights 
with respect to the minor child;
B.  Any proceeding involving custody or other parental rights with respect to the minor 
child currently filed or pending before any court of this State or another state, including 
the District Court; or
C.  Any other related action currently filed or pending before any court of this State or 
another state, including the District Court.
2.  Transfer to District Court.  If in a matter before the Probate Court concerning a 
minor child a judge of probate the Probate Court becomes aware that a proceeding 
involving custody or other parental rights with respect to the minor child is pending in the 
District Court, the judge Probate Court shall notify the District Court and take appropriate 
action to facilitate a transfer of the matter to the District Court.
Sec. B-13.  4 MRSA §252 is amended to read:
§252.  Equity jurisdiction
The courts of probate shall have Probate Court has jurisdiction in equity, concurrent 
with the Superior Court, of all cases and matters relating to the administration of the estates 
of deceased persons, to wills and to trusts which that are created by will or other written 
instrument. Such jurisdiction may be exercised upon complaint according to the usual 
course of proceedings in civil actions in which equitable relief is sought.
Sec. B-14.  4 MRSA §253, as amended by PL 2017, c. 402, Pt. C, §4 and affected 
by PL 2019, c. 417, Pt. B, §14, is further amended to read:
§253.  Jurisdiction in court where proceedings originate
Subject to Title 18‑C, sections 1‑303 and, 3‑201, 5-106 and 9-104, and except as 
otherwise provided in Title 18‑C, section 5‑105, when a case is originally within the 
jurisdiction of the probate court Probate Court in 2 or more counties, the one that first 
commences proceedings therein retains the same exclusively throughout.  The jurisdiction 
assumed in any case, except in cases of fraud, so far as it depends on the residence of any 
person or the locality or amount of property, may not be contested in any proceeding 
whatever, except on an appeal or removal from the probate court Probate Court in the 
original case or when the want of jurisdiction appears on the same record.
Sec. B-15.  4 MRSA §301, as amended by PL 1995, c. 683, §1, is repealed.
Sec. B-16.  4 MRSA §301-A is enacted to read:
§301-A.  Judges; election or appointment; term; qualifications; salary; expenses; full-
time duties
1. Election; term.  Probate Court Judges are elected to the county Probate Courts 
described in section 201-A, subsection 2, paragraph A as follows.
A.  A county Probate Court Judge elected or appointed under the former Constitution 
of Maine, Article VI, Section 6 may serve until the expiration of that judge's term of 
office.  
(1) A vacancy occurring during the term of a county Probate Court Judge elected 
on November 6, 2018 due to the death, resignation, removal from the county or 
permanent incapacity as defined in Title 30-A, section 1, subsection 2-A of the 
judge may be filled by the Governor by appointment.  In the case of a vacancy in 
the term of a county Probate Court Judge who was nominated by primary election 
before the general election, the individual appointed by the Governor to fill the 
vacancy must be enrolled in the same political party as the judge whose term is 
vacant.  In making the appointment, the Governor shall choose from any 
recommendations submitted to the Governor by the county committee of the 
political party from which the appointment is to be made.  The term of the 
successor judge appointed by the Governor under this paragraph ends on December 
31, 2022.
(2) A vacancy occurring before January 1, 2023 during the term of a county Probate 
Court Judge elected on November 3, 2020 due to the death, resignation, removal 
from the county or permanent incapacity as defined in Title 30-A, section 1, 
subsection 2-A of the judge must be filled by election under paragraph B; in the 
meantime, the Governor may fill such a vacancy by appointment.  In the case of a 
vacancy in the term of a county Probate Court Judge who was nominated by 
primary election before the general election, the individual appointed by the 
Governor to fill the vacancy must be enrolled in the same political party as the 
judge whose term is vacant.   In making the appointment, the Governor shall choose 
from any recommendations submitted to the Governor by the county committee of 
the political party from which the appointment is to be made.  The term of the 
successor judge appointed by the Governor under this paragraph ends on December 
31, 2022.
(3)  Vacancies occurring after January 1, 2023 during the term of any county 
Probate Court Judge elected under the former Constitution of Maine, Article VI, 
Section 6 due to the death, resignation, removal from the county or permanent 
incapacity as defined in Title 30-A, section 1, subsection 2-A of the judge may not 
be filled.
B. A county Probate Court Judge must be elected in Androscoggin, Franklin, Knox and 
Penobscot counties, and in any county in which a vacancy described in paragraph A, 
subparagraph (2) occurs, by a plurality of the votes cast in the respective county at an 
election on the Tuesday following the first Monday of November in 2022.  Each county 
Probate Court Judge elected under this subsection has a term of office of 2 years, 
commencing January 1, 2023.  Vacancies occurring in offices governed by this 
paragraph due to the death, resignation, removal from the county or permanent 
incapacity as defined in Title 30-A, section 1, subsection 2-A of the county Probate 
Court Judge may not be filled.
2. Appointment; term.  Probate Court Judges are appointed to the state Probate Court 
established in section 201-A, subsection 2, paragraph B as follows. 
A.  The Governor, subject to review by the joint standing committee of the Legislature 
having jurisdiction over judiciary matters and to confirmation by the Legislature, shall 
appoint 4 judges for terms that commence no earlier than January 1, 2023. Each Probate 
Court Judge appointed under this paragraph has a term of office of 7 years.
B.  Beginning January 1, 2023, if the Chief Justice of the Supreme Judicial Court 
determines that the number of Probate Court Judges appointed under paragraph A is 
insufficient to provide for the efficient administration of justice in the Probate Court 
established in section 201-A, subsection 2, paragraph B, the Chief Justice may request 
that the Governor appoint an additional judge.  Upon receipt of a request from the Chief 
Justice under this paragraph, the Governor, subject to review by the joint standing 
committee of the Legislature having jurisdiction over judiciary matters and to 
confirmation by the Legislature, may appoint an additional judge to the Probate Court 
established in section 201-A, subsection 2, paragraph B.  In no event may more than 9 
Probate Court Judges be appointed to the Probate Court established in section 201-A, 
subsection 2, paragraph B.  Each Probate Court Judge appointed under this paragraph 
has a term of office of 7 years.
3. Qualifications.  To be eligible for election or appointment as a Probate Court Judge, 
an individual must be a member of the bar of the State.  
4.  Salary; expenses.  Each Probate Court Judge elected under subsection 1 or elected 
or appointed under the former Constitution of Maine, Article VI, Section 6 is entitled to 
receive an annual salary as established by the judge's county pursuant to Title 30-A, chapter 
and the fees provided in section 304.  Beginning January 1, 2023 and except as provided 
in subsection 5 for the Chief Judge of the Probate Court, each Probate Court Judge 
appointed under subsection 2 is entitled to receive a salary equivalent to the salary of an 
Associate Judge of the District Court under section 157, subsections 4 and 4-A and to 
reimbursement by the State for expenses to the same extent that a District Court Judge is 
entitled to reimbursement by the State for expenses under section 157, subsection 5.
5. Designation of Chief Judge; salary; expenses.  Beginning January 1, 2023, the 
Chief Justice of the Supreme Judicial Court shall designate one Probate Court Judge 
appointed under subsection 2 as the Chief Judge of the Probate Court.  The Chief Judge is 
entitled to receive a salary equivalent to the salary of the Chief Judge of the District Court 
under section 157, subsection 2 and to reimbursement by the State for expenses to the same 
extent that a District Court Judge is entitled to reimbursement by the State for expenses 
under section 157, subsection 5.
6. Full-time duties.  Beginning January 1, 2023, a Probate Court Judge appointed 
under subsection 2 shall devote full time to that Probate Court Judge's judicial duties.  
During that Probate Court Judge's term of office, that judge may not practice law or be the 
partner or associate of any person in the practice of law.
7. Exception.  Subsection 6 does not apply to a county Probate Court Judge elected 
under subsection 1 or elected or appointed under the former Constitution of Maine, Article 
VI, Section 6.
Sec. B-17.  4 MRSA §302, as corrected by RR 2021, c. 1, Pt. B, §8, is amended to 
read:
§302.  Officers execute processes and attend courts
Sheriffs, their deputies and constables shall execute all legal processes directed to them 
by any such judge of probate a Probate Court Judge, who may, when necessary, require 
such officer, when not in attendance upon any other court, to attend during the sitting of 
the probate court Probate Court, for which that officer must be paid as in other courts for 
similar services.
Sec. B-18.  4 MRSA §303, as amended by PL 1965, c. 238, is further amended to 
read:
§303.  Continuous session; return day for matters requiring public notice
The Probate court Court shall always be open in each county for all matters over which 
it has jurisdiction, except upon days on which by law no court is held, but it shall have 
certain fixed days and places to be made known by public notification thereof in their 
respective counties to which all matters requiring public notice shall must be made 
returnable, except as otherwise ordered by the judge Probate Court Judge. In case of the 
absence of the judge or vacancy in the office at the time of holding any court, the register 
Register of Probate or acting register may adjourn the same until the judge can attend or 
some other probate judge another Probate Court Judge can be notified and attend.
Sec. B-19.  4 MRSA §304, as corrected by RR 2021, c. 1, Pt. B, §9, is amended to 
read:
§304.  Equity and contested cases; time and place of hearing
Judges of probate The Probate Court may hold hearings for matters in equity and 
contested cases at such time and place in the county as the judge of probate Probate Court 
may appoint and make all necessary orders and decrees relating thereto, and when hearings 
are held at other places than those fixed for holding the regular terms of court, the judge  is 
allowed, in addition to that judge's regular salary, $5 per day and actual expenses, which 
must be paid by the State unless otherwise provided by law.
When a Probate Court in a county described in section 201-A, subsection 1, paragraph 
A holds a hearing in a place other than the place fixed for holding the regular terms of the 
court, the Probate Court Judge is allowed, in addition to that judge's regular salary, $5 per 
day and actual expenses, which must be paid by the State unless otherwise provided by 
law.
Sec. B-20.  4 MRSA §305, as repealed and replaced by PL 1979, c. 41, is amended 
to read:
§305.  Term of Fort Kent and Caribou probate court
The judge of probate Probate Court in and for the County of Aroostook shall hold a 
court of probate at least twice in each year at Fort Kent and at least 4 times each year at 
Caribou in the county. The time for holding the court shall must be appointed by the judge 
and made known by public notification as provided in section 303.
Sec. B-21.  4 MRSA §306, as corrected by RR 2021, c. 1, Pt. B, §10, is amended to 
read:
§306.  Interchange of judicial duties; expenses
During the With respect to a Probate Court Judge in a county described in section 
201-A, subsection 1, paragraph A, during a period of sickness, or absence from the State 
or inability of any the judge of probate to hold the regular terms of that judge's court, such 
the terms, at the judge's request or that of the register Register of Probate of the county, 
may be held by the judge of any other county any other Probate Court Judge. The judges 
Probate Court Judges in counties described in section 201-A, subsection 1, paragraph A 
may interchange service or perform each others' duties when they find it necessary or 
convenient, and in case of a vacancy in the office of a judge, all necessary terms of the 
probate court for the county may, at the request of the register, be held by the judge of 
another county until the vacancy is filled. The orders, decrees and decisions of the judge 
Probate Court Judge holding such terms have the same force and validity as if made by the 
judge Probate Court Judge of the county in which such terms are held.
When any judge of probate Probate Court Judge in a county described in section 201-A, 
subsection 1, paragraph A holds court or a hearing in any probate matter, or in equity, in 
any county other than the one in which that judge resides, that judge must be reimbursed 
by the county in which such court or hearing is held for that judge's expenses actually and 
reasonably incurred, upon presentation to the county commissioners of that county of a 
detailed statement of such expenses.
Sec. B-22.  4 MRSA §307, as corrected by RR 2021, c. 1, Pt. B, §11, is amended to 
read:
§307.  Conflict of interest; transfer of case
When a judge Probate Court Judge or register of probate Register of Probate is 
interested in that judge's or register of probate's register's own right, trust, or in any other 
manner, or is within the degree of kindred, by which in law that judge or register of probate 
may, by possibility, be heir to any part of the estate of the person deceased, or is named as 
executor, trustee or guardian of minor children in the will of any deceased resident of the 
county, such estate must be settled in the probate court Probate Court of any adjoining 
county, which has as full jurisdiction thereof as if the deceased had died in that adjoining 
county. If the judge's or register of probate's register's interest arises after jurisdiction of 
such estate has been regularly assumed or existed at the time of the judge's or register of 
probate's register's appointment to office, and in all cases where when an executor, 
administrator, guardian or trustee, whose trust is not fully executed, becomes judge or 
register of probate for the county in which that judge's or register of probate's register's 
letters were granted, further proceedings in that county must be transferred to the probate 
court Probate Court in any adjoining county and there remain until completed, as if such 
court had had original jurisdiction thereof, unless said disability is removed before that 
time. Whenever in any case within under this section the disability of the judge or register 
is removed before the proceedings have been fully completed, the proceedings must then 
be transferred to the probate court Probate Court in the county of original jurisdiction or to 
the probate court Probate Court that otherwise would have had jurisdiction. In all such 
cases the register in such adjoining county shall transmit copies of all records relating to 
such estate to the probate office of the county where such estate belongs, to be there 
recorded.
This section may not be construed to require removal to another county by reason of 
the judge Probate Court Judge or register of probate Register of Probate having been named 
as executor, trustee or guardian of minor children in a will, as long as the judge or register 
of probate does not receive a benefit from the will and the record of the court discloses the 
filing of the judge's or register of probate's register's declination to act as such executor, 
trustee or guardian, if no objection is raised by any interested party at the hearing on the 
petition for probate of the will.
A judge Probate Court Judge in a county described in section 201-A, subsection 1, 
paragraph A is considered to be interested in an estate or other probate proceeding, 
including adoptions, if the judge or a person with whom the judge practices law represents 
a party in the proceeding.  When such representation begins, the judge shall transfer the 
matter as provided in this section, after which transfer the judge or the person with whom 
the judge practices law may continue such representation, except that, after a formal 
probate proceeding has been initiated before a judge, that judge is forever barred from 
assuming representation of a party in that same proceeding without regard to whether or 
not the proceeding has been transferred.  A petition requesting a transfer and the petition 
related to the matter being transferred filed simultaneously are not considered formal 
probate proceedings for the purposes of this paragraph.
Sec. B-23.  4 MRSA §308, as corrected by RR 2021, c. 1, Pt. B, §12, is amended to 
read:
§308.  Certification of unfinished acts of predecessor judge
Every judge Probate Court Judge in a county described in section 201-A, subsection 1, 
paragraph A, upon entering on the duties of that judge's office, shall examine the records, 
decrees, certificates and all proceedings connected therewith that the judge's predecessor 
left unsigned or unauthenticated. If the judge finds them correct, the judge shall sign and 
authenticate them and they are then as valid to all intents and purposes as if such duty had 
been done by the judge's predecessor while in office.
Sec. B-24.  4 MRSA §309, as corrected by RR 2021, c. 1, Pt. B, §13, is amended to 
read:
§309.  Judge not to counsel or draft documents
A judge of probate Probate Court Judge may not have a voice in judging and 
determining or be attorney or counselor in or out of court in any civil action or matter that 
depends on or relates to any sentence or decree made by that judge of probate in that judge 
of probate's judge's office, or in any civil action for or against any executor, administrator, 
guardian or trustee under any last will and testament, as such, within that judge of probate's 
judge's county. Any process or proceeding commenced by a judge of probate Probate Court 
Judge in the probate court for that judge of probate's county Probate Court in violation of 
this section is void, and that judge of probate is liable to the party injured in damages. A 
judge of probate Probate Court Judge may not draft or aid in drafting any document or 
paper that the judge of probate is by law required to pass upon.
Sec. B-25.  4 MRSA §310 is amended to read:
§310.  Perpetual care of cemetery lots by order
Judges of probate, in In any case in which an estate is under their the Probate Court's 
jurisdiction for probate, shall have the power to the Probate Court exercising jurisdiction 
over the estate may order that an appropriate amount out of the estate be set aside for 
perpetual care and suitable memorials for the cemetery lot in which the deceased is buried, 
and to order special care of such lots when the conditions and size of the estate seem to 
warrant such order.
Sec. B-26.  4 MRSA §311, as enacted by PL 1969, c. 434, is amended to read:
§311.  Contracts for support
All contracts for support for life shall must be approved by the Probate Court in the 
county in which the support for life is to be rendered. The Probate Court shall grant 
approval after such reasonable notice as the court shall determine determines to be 
appropriate, if the court shall find finds, after hearing, that the contract is just and equitable 
under all of the circumstances.
A contract or agreement for support for life without such Probate Court approval shall 
may not be received in evidence unless the person offering the contract or agreement shall 
establish establishes by a preponderance of the evidence that the contract or agreement is 
just and equitable under all of the circumstances.
This section shall does not apply to such contracts or agreements for support for life 
between persons related within the 3rd degree.
Sec. B-27.  4 MRSA §312, as enacted by PL 1993, c. 695, §1, is amended to read:
§312.  Political activities of judges of probate
As a candidate for the elective office of judge of probate Probate Court Judge or as an 
elected judge Probate Court Judge in a county described in section 201-A, subsection 1, 
paragraph A, a person seeking or holding the office of judge of probate Probate Court Judge 
in a county described in section 201-A, subsection 1, paragraph A may engage in any 
political activity that would be lawful for a candidate for any other elected county office or 
for an incumbent elected county official.  Any such judge may hold any other elected office 
or offices not made incompatible by the Constitution of Maine.
This section does not apply to a Probate Court Judge appointed under section 301-A, 
subsection 2.
Sec. B-28.  4 MRSA c. 7, sub-c. 4, as amended, is repealed.
Sec. B-29.  4 MRSA §567, as corrected by RR 2021, c. 1, Pt. B, §17, is amended to 
read:
§567.  No recording officer to be attorney or sue in own court nor draft nor aid in 
drafting paper to be recorded
A clerk, register as defined in Title 18-C, section 1-201, subsection 48 or recording 
officer of any court of the State may not be attorney or counselor in any civil action or 
matter pending in that court; neither may that person commence actions to be entered 
therein, or draft or aid in drafting any document or paper that that person is by law required 
to record, in full or in part. Violation of this section is a civil violation for which a fine not 
to exceed $100 may be adjudged. Notwithstanding provisions of this section, clerks may 
aid litigants in the preparation of small claims filings and registers may provide the 
assistance described in Title 18-C, section 1-510, subsection 2. Nothing prevents the clerk 
from rendering assistance of a general nature to the bar or the public.
Sec. B-30.  4 MRSA §751, as corrected by RR 2021, c. 1, Pt. B, §19, is amended to 
read:
§751.  Duties of reporters
The judge of any court of probate or court of insolvency Probate Court may appoint a 
reporter to report the proceedings at any hearing or examination in that judge's court, 
whenever that judge the court considers it necessary or advisable. Such reporter must be 
sworn to a faithful discharge of that reporter's duty and, under the direction of the judge, 
shall take full notes of all oral testimony at such hearing or examination and such other 
proceedings at such hearing or examination as the judge directs; and when required by the 
judge shall furnish for the files of the court a correct typewritten transcript of that reporter's 
notes of the oral testimony of any person testifying at such hearing or submitting to such 
examination, and in making that transcript the reporter shall transcribe that reporter's notes 
in full by questions and answers.
Sec. B-31.  4 MRSA §752, as corrected by RR 2021, c. 1, Pt. B, §20, is amended to 
read:
§752.  Reading and signing transcript of testimony
In cases when the person testifying or submitting to examination is required by law to 
sign that person's testimony or examination, the transcript made as provided in section 751 
must be read to the person whose testimony or examination it is, at a time and place to be 
appointed by the judge Probate Court, unless such person or that person's counsel in writing 
waives such reading. If it is found to be accurate, or if it contains errors or mistakes or 
alleged errors or mistakes and such errors or mistakes are either corrected or the 
proceedings had in relation to the same as provided, such transcript must be signed by the 
person whose testimony or examination it is. When the reading of a transcript is waived as 
provided by this section, such transcript must be considered correct. In all other cases the 
transcript need not be signed but must be considered to be complete and correct without 
signing and has the same effect as if signed.
Sec. B-32.  4 MRSA §754, as corrected by RR 2021, c. 1, Pt. B, §21, is amended to 
read:
§754.  Correction of mistakes in transcript
Manifest errors or mistakes in any transcript may be corrected, under the direction of 
the judge Probate Court, according to the facts. When an error or mistake is alleged by the 
party conducting the hearing or examination or by that party's counsel, or by the person 
testifying or submitting to examination or by that person's counsel, and those parties cannot 
agree whether or not there is such an error or mistake as alleged, or what correction should 
be made, the judge shall decide whether or not such an error or mistake exists, and may 
allow or disallow a correction according as the judge may find the fact. In such case the 
judge shall annex to the transcript a certificate signed by the judge stating the alleged error 
or mistake and by whom alleged, and the correction allowed or disallowed. In case such 
parties mutually agree that there is an error or mistake in the transcript, and in like manner 
agree what the correction should be, the transcript may be corrected according to such 
agreement, but such correction must be stated and made in the presence of the judge.  
Changes or alterations may not be made in any transcript except in the presence of the 
judge or the person appointed by the judge to take the examination.
Sec. B-33.  4 MRSA §755 is amended to read:
§755.  Appointment of reporter by judge court
When an examination is taken before some a person appointed by the judge Probate 
Court to take it, the judge court may appoint a reporter to attend such examination for the 
purposes mentioned in section 751, and the duties of such reporter shall be are the same as 
in examinations before the judge Probate Court Judge. The powers and duties of any person 
appointed by the judge court to take an examination shall be are the same at such 
examination as those of the judge, and the same proceedings for the correction or alteration 
of transcripts may be had before such person as before the judge.
Sec. B-34.  4 MRSA §756 is amended to read:
§756.  Transcripts deemed original papers
All transcripts made and signed as provided shall be in this subchapter are deemed 
original papers.
Sec. B-35.  4 MRSA §757 is enacted to read:
§757.  Applicability; repeal
1.  Applicability.  This subchapter applies to the Probate Court in each county 
described in section 201-A, subsection 1, paragraph A and does not apply to the state 
Probate Court established in section 201-A, subsection 2, paragraph B.
2.  Repeal.  This subchapter is repealed January 1, 2025.
Sec. B-36.  18-C MRSA §1-201, sub-§8, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
8.  Court.  "Court" Prior to January 1, 2025, "court" means any one of the several 
courts of probate of this State established as provided in Title 4, sections 201 and 202 
section 201-A, subsection 2.
This subsection is repealed January 1, 2025.
Sec. B-37.  18-C MRSA §1-303, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
§1-303.  Venue; multiple proceedings; transfer
1.  Court in county where proceeding first commenced.  If a proceeding under this 
Code could be maintained in more than one court county in this State, the court located in 
the county in which the proceeding is first commenced has the exclusive right to proceed.
2.  Multiple proceedings.  If proceedings concerning the same estate, protected person, 
ward or trust are commenced in more than one court courts located in more than one county 
of this State, the court located in the county in which the proceeding was first commenced 
shall continue to hear the matter, and the other courts located in the other counties shall 
hold the matter in abeyance until the question of venue is decided.  If the ruling court 
determines that venue is properly in another court, it shall transfer the proceeding to the 
other court.
3.  Transfer in the interest of justice.  If a court finds that in the interest of justice a 
proceeding or a file should be located in transferred to the court located in another court 
county of this State, the court making the finding may transfer the proceeding or file to the 
other court in the other county.
Sec. B-38.  18-C MRSA §1-309, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
§1-309.  Judges
A judge of the court must be chosen and shall serve as provided in Title 4, sections 301 
301-A to 312.
This section is repealed January 1, 2025.
Sec. B-39.  18-C MRSA §1-501, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
§1-501.  Election; bond; vacancies; salaries; copies; term
1.  Election.  Registers of probate are The Register of Probate in each county is elected 
or appointed as provided in the Constitution of Maine by a plurality of the votes cast in the 
respective county at the election on the Tuesday following the first Monday of November 
in the even-numbered year next preceding the expiration of the term of the incumbent 
register.  The register shall hold office for 4 years, commencing on January 1st following 
the register's election.  A Except to the extent inconsistent with this section, a register's 
election is effected and determined as is provided for county commissioners by Title 30‑A, 
chapter 1, subchapter 2, and a register's term commences on the first day of January 
following the register's election, except that the term of a register appointed to fill a vacancy 
commences immediately.
2.  Bond.  A register Register of Probate, before acting, shall give bond to the treasurer 
of the register's county with sufficient sureties in the sum of $2,500, except that this sum 
must be $10,000 for Cumberland County.  A The register, having executed the bond, shall 
file the bond in the office of the county commissioners of the register's county, to be 
presented to the county commissioners at the next meeting for approval.  After the bond is 
approved, the county commissioners shall retain a copy of the bond and deliver the original 
bond to the register, who shall deliver the original bond to the treasurer of the county within 
days after the bond's approval.  Surety and fidelity insurance coverage provided by a 
public sector self-funded risk pool organized pursuant to Title 30‑A, section 2253 in the 
sum ordered by the commissioners is deemed to comply with the requirements of this 
section.
3.  Vacancies.  Vacancies A vacancy caused by a Register of Probate's death, 
resignation, removal from the county, permanent incapacity as defined in Title 30‑A, 
section 1, subsection 2-A or any other reason must be filled as provided in the Constitution 
of Maine by a plurality of the votes cast in the affected county at the next general election. 
The term of a register elected to fill a vacancy commences on January 1st following the 
election.  In the meantime, the Governor may fill such vacancy by appointment, and the 
register so appointed shall take office immediately and shall hold office until the 
commencement of the term of the successor elected to fill the vacancy under this 
subsection.  In the case of a vacancy in the term of a register who was nominated by primary 
election before the general election, the register appointed by the Governor to fill the 
vacancy until a successor is chosen at election must be enrolled in the same political party 
as the register whose term is vacant.  In making the appointment, the Governor shall choose 
from any recommendations submitted to the Governor by the county committee of the 
political party from which the appointment is to be made.
4.  Salary.  A register is entitled to receive an annual salary as established by the 
register's county pursuant to Title 30‑A, chapter 3.  The salary of the register must be in 
full compensation for the performance of all duties required of the register.
5.  Copies and fees.  Registers may make copies of wills, accounts, inventories, 
petitions and decrees and furnish the copies to the persons requesting the copies and may 
charge a reasonable fee for that service, which is considered a fee for the use of the county.  
Fees for exemplified copies of the records of the probate of wills and the granting of 
administrations, guardianships and conservatorships; fees for copies of petitions and orders 
of notice for personal service; fees for appeal copies; and the statutory fees for abstracts 
and copies of the waivers of wills and other copies required to be recorded in the registry 
of deeds are considered official fees for the use of the county.  This subsection may not be 
construed to change or repeal any provisions of law requiring the furnishing of certain 
copies without charge.
Sec. B-40.  18-C MRSA §1-510, sub-§1, ¶A, as enacted by PL 2017, c. 402, Pt. 
A, §2 and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
A.  Be an attorney or counselor in or out of court in an action or matter pending in the 
court of located in the county in which the register is register or in an appeal in such 
action or matter;
Sec. B-41.  18-C MRSA §1-510, sub-§1, ¶B, as enacted by PL 2017, c. 402, Pt. 
A, §2 and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
B.  Be an administrator, guardian, commissioner of insolvency, appraiser or divider of 
an estate, in a case within the jurisdiction of the court of located in the county in which 
the register is register, except as provided in Title 4, section 307, or be in any manner 
interested in the fees and emoluments arising from such an estate in that capacity; or.
This paragraph is repealed January 1, 2025;
Sec. B-42.  18-C MRSA §1-510, sub-§2, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
2.  Assistance in drafting.  Except as otherwise provided in this section, a register may 
not draft or aid in drafting documents or paper that the register is by law required to record 
in full or in part.  A register may aid in drafting applications in informal proceedings, 
petitions or sworn statements relating to the closing of decedents' estates that have not been 
contested prior to closing, applications for change of name and petitions for guardians of 
minors.  A register or an employee of a court may not charge fees or accept anything of 
value for assisting in the drafting of documents to be used or filed in the court of located in 
the county in which the person is the register or an employee.
Sec. B-43.  18-C MRSA §1-511, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended by enacting a new first paragraph to 
read:
Each county shall provide all necessary printed blanks and record books for the court 
located in that county, and the record books may be printed to correspond with the printed 
blanks.
Sec. B-44.  Transition; election of Probate Court Judges.  Notwithstanding any 
provision of law to the contrary, the following provisions govern the election of Probate 
Court Judges in Androscoggin, Franklin, Knox and Penobscot counties under the Maine 
Revised Statutes, Title 4, section 301-A, subsection 1, paragraph B.
1.  Signatures collected by a candidate on a primary petition pursuant to Title 21-A, 
section 335 to appear on the primary election ballot of a party for the office of Probate 
Court Judge under the former Constitution of Maine, Article VI, Section 6 in Androscoggin 
County, Franklin County, Knox County or Penobscot County are deemed to be signatures 
collected by that candidate to appear on the primary petition election ballot of that party 
for the office of Probate Court Judge under Title 4, section 301-A, subsection 1, paragraph 
B in the same county.
2. A primary petition accepted by the Secretary of State pursuant to Title 21-A, section 
for a candidate to appear on the primary election ballot of a party for the office of 
Probate Court Judge under the former Constitution of Maine, Article VI, Section 6 in 
Androscoggin County, Franklin County, Knox County or Penobscot County is deemed to 
be accepted by the Secretary of State for that candidate to appear on the primary election 
ballot of the party for the office of Probate Court Judge under Title 4, section 301-A, 
subsection 1, paragraph B in the same county.
3. Signatures collected by a candidate on a nomination petition pursuant to Title 21-A, 
section 354 to appear on the general election ballot for the office of Probate Court Judge 
under the former Constitution of Maine, Article VI, Section 6 in Androscoggin County, 
Franklin County, Knox County or Penobscot County are deemed to be signatures collected 
by that candidate to appear on the general election ballot for the office of Probate Court 
Judge under Title 4, section 301-A, subsection 1, paragraph B in the same county.
4. A nomination petition accepted by the Secretary of State pursuant to Title 21-A, 
section 356 for a candidate to appear on the general election ballot for the office of Probate 
Court Judge under the former Constitution of Maine, Article VI, Section 6 in Androscoggin 
County, Franklin County, Knox County or Penobscot County is deemed to be accepted by 
the Secretary of State for that candidate to appear on the general election ballot for the 
office of Probate Court Judge under Title 4, section 301-A, subsection 1, paragraph B in 
the same county.
Sec. B-45.  Transition; election of Registers of Probate. Notwithstanding any 
provision of law to the contrary, the following provisions govern the election of a Register 
of Probate in 2022 under the Maine Revised Statutes, Title 18-C, section 1-501, subsection 
1.
1.  Signatures collected by a candidate on a primary petition pursuant to Title 21-A, 
section 335 to appear on the primary election ballot of a party for the office of Register of 
Probate under the former Constitution of Maine, Article VI, Section 6 are deemed to be 
signatures collected by that candidate to appear on the primary petition election ballot of 
that party for the office of Register of Probate under Title 18-C, section 1-501, subsection 
in the same county.
2. A primary petition accepted by the Secretary of State pursuant to Title 21-A, section 
for a candidate to appear on the primary election ballot of a party for the office of 
Register of Probate under the former Constitution of Maine, Article VI, Section 6 is deemed 
to be accepted by the Secretary of State for that candidate to appear on the primary election 
ballot of the party for the office of Register of Probate under Title 18-C, section 1-501, 
subsection 1 in the same county.
3. Signatures collected by a candidate on a nomination petition pursuant to Title 21-A, 
section 354 to appear on the general election ballot for the office of Register of Probate 
under the former Constitution of Maine, Article VI, Section 6 are deemed to be signatures 
collected by that candidate to appear on the general election ballot for the office of Register 
of Probate under Title 18-C, section 1-501, subsection 1 in the same county.
4. A nomination petition accepted by the Secretary of State pursuant to Title 21-A, 
section 356 for a candidate to appear on the general election ballot for the office of Register 
of Probate under the former Constitution of Maine, Article VI, Section 6 is deemed to be 
accepted by the Secretary of State for that candidate to appear on the general election ballot 
for the office of Register of Probate under Title 18-C, section 1-501, subsection 1 in the 
same county.
PART C
Sec. C-1.  4 MRSA §17, sub-§2, as amended by PL 1983, c. 269, §§1 and 9, is 
further amended to read:
2.  Examine the status of dockets.  Examine the status of dockets of all courts so as 
to determine cases and other judicial business that have been unduly delayed. From such 
reports, the administrator shall indicate which courts are in need of additional judicial 
personnel and make recommendations to the Chief Justice, to the Chief Justice of the 
Superior Court and, to the Chief Judge of the District Court and to the Chief Judge of the 
Probate Court concerning the assignment or reassignment of personnel to courts that are in 
need of such personnel. The administrator shall also carry out the directives of the Chief 
Justice as to the assignment of personnel in these instances;
Sec. C-2.  4 MRSA §17, sub-§5, as amended by PL 1983, c. 269, §§2 and 9, is 
further amended to read:
5.  Prescribe uniform administrative and business methods, etc.  Prescribe uniform 
administrative and business methods, systems, forms, docketing and records to be used in 
the Supreme Judicial Court, in the Superior Court and, in the District Court and in the 
Probate Court;
Sec. C-3.  4 MRSA §17, sub-§7, ¶D, as amended by PL 1997, c. 24, Pt. II, §1, is 
further amended to read:
D.  Collects statistical and other data and makes reports to the Chief Justice, to the 
Chief Justice of the Superior Court and, to the Chief Judge of the District Court and to 
the Chief Judge of the Probate Court relating to the expenditures of public money for 
the maintenance and operation of the Judicial Department;
Sec. C-4.  4 MRSA §17, sub-§7, ¶E, as amended by PL 1997, c. 24, Pt. II, §1, is 
further amended to read:
E.  Develops and implements a uniform set of accounting and budgetary accounts, 
based on generally accepted fiscal and accounting procedures, for the Supreme Judicial 
Court, for the Superior Court and, for the District Court and for the Probate Court; and
Sec. C-5.  4 MRSA §17, sub-§17, as amended by PL 2007, c. 240, Pt. YYY, §1, is 
further amended to read:
17.  Statement of fiscal effect on judicial system.  Apply the following requirements 
when the State Court Administrator prepares statements pertaining to the impact that 
executive orders and proposed legislation have upon judicial system resources, including 
the cost or savings to the judicial system.  The State Court Administrator, in preparing such 
impact statements, shall make inquiry of the Chief Justice of the Superior Court, the Chief 
Judge of the District Court, the Chief Judge of the Probate Court, a statewide association 
of prosecuting attorneys, a statewide association of criminal defense attorneys, a statewide 
association of trial attorneys and any other parties, as appropriate, in order to provide the 
most accurate estimate of the judicial branch impact of such legislation, by fiscal year.
A.  The State Court Administrator shall furnish the statements to the legislative staff 
office designated to collect and assemble fiscal information for use of legislative 
committees under Title 3, section 163‑A, subsection 10 and to:
(1)  The Governor for judicial impact statements on executive orders; and
(2)  The appropriate committee of the Legislature for the information of its 
members for proposed legislation.
B.  The statement on a particular executive order prepared by the State Court 
Administrator must be included in the executive order if the executive order has a fiscal 
impact on the judicial system, as determined by the State Court Administrator.
C.  The statement on proposed legislation prepared by the State Court Administrator 
must be considered in the preparation of the fiscal note included in a committee 
amendment or other amendment if the legislation or amendment has a fiscal impact on 
the judicial system, as determined by the State Court Administrator.
Sec. C-6.  4 MRSA §17-A, sub-§1, as amended by PL 2017, c. 284, Pt. YYYY, §1, 
is further amended to read:
1.  Informational publications and record searches.  The Except as provided in Title 
18-C, section 1-511, the State Court Administrator may establish a fee schedule to cover 
the cost of printing and distribution of publications and forms, the procedures for the sale 
of these publications and forms and record searches performed by Judicial Department 
employees.
Sec. C-7.  4 MRSA §18-A, sub-§3-A, ¶A, as amended by PL 2019, c. 509, §2, is 
further amended to read:
A.  For all fees collected by the Judicial Department after October 1, 2019, 9% must 
be deposited in the fund.  This paragraph does not apply to fees imposed by the Probate 
Court or to fees dedicated under section 17‑A or section 18‑B, subsection 8 or to 
surcharges imposed pursuant to paragraph C.
Sec. C-8.  4 MRSA §18-A, sub-§3-A, ¶B, as amended by PL 2005, c. 361, §3, is 
further amended to read:
B.  A surcharge of $10 must be imposed by a court on each civil fine, or penalty or 
forfeiture imposed by the court and deposited in the fund. This paragraph does not 
apply to civil fines or penalties imposed by the Probate Court.
Sec. C-9.  4 MRSA §18-B, sub-§6, ¶C-1 is enacted to read:
C-1.  The Chief Judge of the Probate Court or a designee;
Sec. C-10.  4 MRSA §18-B, sub-§6, ¶F, as enacted by PL 1995, c. 560, Pt. I, §3, 
is amended to read:
F.  A Judge of the District Court, who is appointed by and serves at the pleasure of the 
Chief Justice of the Supreme Judicial Court; and
Sec. C-11.  4 MRSA §18-B, sub-§6, ¶F-1 is enacted to read:
F-1.  A Judge of the Probate Court, who is appointed by and serves at the pleasure of 
the Chief Justice of the Supreme Judicial Court; and
Sec. C-12.  4 MRSA §24, first ¶, as amended by PL 1993, c. 675, Pt. C, §10, is 
further amended to read:
The State Court Administrator shall, subject to the approval of the Chief Justice, 
prepare biennially a consolidated operating budget for all courts in the State to be known 
as the Judicial Department operating budget.  The Judicial Department operating budget 
may not include expenses related to the operation of county registries of probate or revenue 
from fees, fines or penalties collected by the Probate Court and allocated to the county 
pursuant to Title 18-C, sections 1-501, 1-511, 1-603 and 1-607 or any other provision of 
law.  The administrator may be assisted in this task by the Chief Justice of the Superior 
Court and, the Chief Judge of the District Court and the Chief Judge of the Probate Court.
Sec. C-13.  4 MRSA §115, first ¶, as corrected by RR 2009, c. 1, §4, is amended 
to read:
In Except as provided in section 301-C, in each county, the place for holding court is 
located in a building designated by the Chief Justice of the Supreme Judicial Court or the 
Chief Justice's designee, who, with the advice and approval of the Department of 
Administrative and Financial Services, Bureau of General Services, is empowered to 
negotiate, on behalf of the State, the leases, contracts and other arrangements the Chief 
Justice considers necessary, within the limits of appropriations and other funds available to 
the Supreme Judicial, Superior and District Courts, to provide suitable quarters, adequately 
furnished and equipped, for the Supreme Judicial, Superior or District Court in each county. 
The county commissioners in each county shall continue to provide for the use of the 
Supreme Judicial, Superior and District Courts such quarters, facilities, furnishings and 
equipment in existing county buildings as were in use by the Supreme Judicial and Superior 
Courts on January 1, 1976, without charge.  The county commissioners are not required to 
provide without charge those quarters, facilities, furnishings and equipment in existing 
county buildings that were in use by the District Courts and were subject to a charge prior 
to January 1, 1976.
Sec. C-14.  4 MRSA §301-B is enacted to read:
§301-B.  Duties of Chief Judge
The Chief Judge of the Probate Court is responsible to and under the supervision of the 
Chief Justice of the Supreme Judicial Court for the operation of the Probate Court and shall 
serve as Chief Judge at the pleasure of the Chief Justice.  The Chief Judge shall:
1. Hold court when necessary.  Hold court in any county described in section 201-A, 
subsection 1, paragraph B when the Chief Judge determines it necessary by reason of 
illness, absence or disability of the Probate Court Judge regularly assigned or by reason of 
an excessive case load in any county;
2. Assign judges.  Assign Probate Court Judges to hold court in any county described 
in section 201-A, subsection 1, paragraph B where, in the judgment of the Chief Judge, 
they are needed;
3. Days and hours for holding court.  Subject to the requirements of section 305, fix 
the days and hours for holding court in each county described in section 201-A, subsection 
1, paragraph B and provide public notification of such days and hours as provided in section 
303;
4. Vacations.  Determine the time for the taking of vacations by each Probate Court 
Judge appointed under section 301-A, subsection 2;
5.  Records and reports.  Prescribe, subject to the approval of the Chief Justice of the 
Supreme Judicial Court or the Chief Justice’s designee, the records to be kept and destroyed 
and the reports to be made by each Probate Court Judge appointed under section 301-A, 
subsection 2;
6. Statistics.  Collect such statistics and other information pertaining to the business of 
the Probate Court as are requested by the Chief Justice of the Supreme Judicial Court or 
the Chief Justice’s designee;
7. Budget.  Utilizing such assistance from the Administrative Office of the Courts as 
the Chief Judge may request, prepare and submit a proposed annual budget for the Probate 
Court established in section 201-A, subsection 2, paragraph B to the Chief Justice of the 
Supreme Judicial Court or the Chief Justice’s designee.  The proposed annual budget for 
the Probate Court may not include expenses related to the operation of county registries of 
probate or revenue from fees, fines or penalties collected by the Probate Court and allocated 
to the county pursuant to Title 18-C, sections 1-501, 1-511, 1-603 and 1-607 or any other 
provision of law;
8.  Report.  Render to the Chief Justice of the Supreme Judicial Court an annual report 
on the state of business in the Probate Court and on the conferences held pursuant to 
subsection 10;
9. Courtroom facilities.  Pursuant to section 301-C, make necessary arrangements for 
safe and accessible courtroom facilities in each county described in section 201-A, 
subsection 1, paragraph B; establish headquarters with appropriate facilities for the Chief 
Judge; and establish quarters and facilities for each Probate Court Judge appointed under 
section 301-A, subsection 2;
10. Conference of judges.  Convene at least once annually at such place as the Chief 
Judge considers appropriate a conference of Probate Court Judges appointed under section 
301-A, subsection 2 to consider and take action upon or make recommendations with 
respect to current problems in the operation of the Probate Court.  The Chief Judge shall 
invite any county Probate Court Judge elected under section 301-A, subsection 1 whose 
term has not yet expired to attend the conference. The expenses of Probate Court Judges 
appointed under section 301-A, subsection 2 attending this conference are an expense of 
the Probate Court established in section 201-A, subsection 2, paragraph B; 
11.  Development and implementation of administrative concepts.  Carry on a 
continuous survey and study of the organization, operation, condition of business, practice 
and procedure of the Probate Court and make recommendations to the Chief Justice of the 
Supreme Judicial Court concerning the number of judges and other personnel, other than 
personnel in the county registries of probate, required for the efficient administration of 
justice and examine, with the advice of the Probate Court Judges and Registers of Probate, 
the status of dockets of the various Probate Courts to determine whether the business of the 
court is being carried out in an efficient manner and that emergency matters are prioritized 
and addressed expediently.  From such an examination, the Chief Judge shall annually 
make recommendations to the Chief Justice of the Supreme Judicial Court for guidelines 
and policies for the scheduling and trial of matters before the Probate Court.  In providing 
recommendations, the Chief Judge shall give due and appropriate regard to the 
recommendations of the Probate Court Judges and the Registers of Probate and shall 
provide a mechanism whereby their individual recommendations and comments may be 
brought to the attention of the Chief Justice.  The Chief Judge, in advising as to the 
appropriateness of the methods or systems for scheduling trials and the management of 
matters before the Probate Court, shall take into consideration systems and methods 
operational in the Superior Court and the District Court.  The final decision as to the 
management of judicial branch personnel and the implementation of guidelines, policies 
and procedures for the scheduling of trials and management of matters before the Probate 
Court must be made by the Chief Justice only after consultation with the Chief Judge; and
12. Other duties.  Perform such additional duties as may be assigned by the Chief 
Justice of the Supreme Judicial Court.
Sec. C-15.  4 MRSA §301-C is enacted to read:
§301-C.  Place for holding court
1. Place for holding court.  Except as otherwise required in section 305, in each county 
described in section 201-A, subsection 1, paragraph B, the Chief Judge of the Probate Court 
shall designate a place for holding court that is located, to the extent possible given the 
other requirements of this subsection, in the building holding the office of that county’s 
Register of Probate.  The Chief Judge, with the advice and approval of the Department of 
Administrative and Financial Services, Bureau of General Services, is empowered to 
negotiate on behalf of the State the leases, contracts and other arrangements the Chief Judge 
considers necessary, within the limits of the budget and funds available, to provide suitable 
quarters, adequately furnished and equipped for the Probate Court in each county.
If the Chief Judge is unable to negotiate the leases, contracts and other arrangements as 
provided in this subsection, the Chief Judge may, with the advice and approval of the 
Bureau of General Services, negotiate on behalf of the State the leases, contracts and other 
arrangements the Chief Judge considers necessary, within the limits of the budget and funds 
available, to provide suitable quarters, adequately furnished and equipped for the Probate 
Court in other publicly owned or privately owned buildings.
2.  Use of Superior Court and District Court facilities.  The facilities of the Superior 
Court and the facilities of the District Court in each county when the court is not in session 
must be available for use by the Probate Court in that county.  Arrangements for such use 
must be made by the Chief Judge of the Probate Court.
Sec. C-16.  4 MRSA §1201, sub-§12, as amended by PL 2001, c. 12, §1, is further 
amended to read:
12.  Judge.  "Judge" means a Justice of the Supreme Judicial Court or the Superior 
Court, any Judge of the District Court, any Probate Court Judge appointed pursuant to 
section 301-A, subsection 2, any Administrative Court Judge or any Associate 
Administrative Court Judge who is actively serving as of December 1, 1984, or who is 
appointed subsequent to December 1, 1984, but does not include Active Retired Judges.
This subsection is repealed January 1, 2025.
Sec. C-17.  4 MRSA §1552, sub-§1, as enacted by PL 2013, c. 406, §1, is amended 
to read:
1.  Guardian ad litem roster.  The division shall assist the Chief Judge of the District 
Court and the Chief Judge of the Probate Court in the establishment and maintenance of a 
roster of guardians ad litem pursuant to section 1553.
Sec. C-18.  4 MRSA §1552, sub-§2, as enacted by PL 2013, c. 406, §1, is amended 
to read:
2.  Administration of guardians ad litem under Title Titles 18-C and 19-A.  For 
guardians ad litem appointed under Title Titles 18-C and 19‑A, the division shall assist the 
Chief Judge of the District Court and the Chief Judge of the Probate Court in:
A.  Establishing standardized billing, itemization requirements and time reporting 
processes for all guardians ad litem;
B.  Establishing guidelines for preparation of required reports; and
C.  Collecting, maintaining and reporting data about orders of appointment, submission 
of required reports, caseloads and other information as directed by the Chief Judge of 
the District Court or the Chief Judge of the Probate Court.
Sec. C-19.  4 MRSA §1555, sub-§3, as enacted by PL 2013, c. 406, §1, is amended 
to read:
3.  Payment for services; fees and billing; enforcement.  The Except as otherwise 
provided in Title 18-C, section 9-204, subsection 4, the order under subsection 2 must 
specify that payment for the services of the guardian ad litem is the responsibility of the 
parties, with the terms of payment specified in the order.
A.  The fee arrangements in the order must specify hourly rates or a flat fee, the timing 
of payments to be made and by whom and the maximum amount of fees that may be 
charged for the case without further order of the court.  If the payments ordered to be 
made before the guardian ad litem commences the investigation, if any, are not paid as 
ordered, the guardian ad litem shall notify the court, and the court may vacate the 
appointment order or take such other action it determines appropriate under the 
circumstances.
B.  In determining the responsibility for payment, the court shall consider:
(1)  The income of the parties;
(2)  The marital and nonmarital assets of the parties;
(3)  The division of property made or anticipated as part of the final divorce or 
separation;
(4)  Which party requested appointment of a guardian ad litem; and
(5)  Other factors considered relevant by the court, which must be stated with 
specificity in the appointment order.
C.  The guardian ad litem shall use standardized billing, itemization requirements and 
time reporting processes as established by the division.  The guardian ad litem may 
collect fees, if a collection action is necessary, pursuant to Title 14 and may not pursue 
collection in the action in which the guardian ad litem is appointed.
Sec. C-20.  4 MRSA §1801, as enacted by PL 2009, c. 419, §2, is amended to read:
§1801.  Maine Commission on Indigent Legal Services; established
The Maine Commission on Indigent Legal Services, established by Title 5, section 
12004‑G, subsection 25‑A, is an independent commission whose purpose is to provide 
efficient, high-quality representation to indigent criminal defendants,; juvenile defendants; 
indigent persons for whom counsel has been appointed under Title 18-C, Article 5; and 
children and parents in child protective and adoption cases, consistent with federal and state 
constitutional and statutory obligations.  The commission shall work to ensure the delivery 
of indigent legal services by qualified and competent counsel in a manner that is fair and 
consistent throughout the State and to ensure adequate funding of a statewide system of 
indigent legal services, which must be provided and managed in a fiscally responsible 
manner, free from undue political interference and conflicts of interest.
Sec. C-21.  4 MRSA §1802, sub-§4, ¶C, as amended by PL 2019, c. 427, §1, is 
further amended to read:
C.  Juvenile defendants; and
Sec. C-22.  4 MRSA §1802, sub-§4, ¶C-1 is enacted to read:
C-1.  In a guardianship, conservatorship or other protective arrangement proceeding, 
an indigent adult or minor respondent for whom counsel was appointed at public 
expense pursuant to Title 18-C, section 5-205, subsection 5; Title 18-C, section 5-210, 
subsection 7; Title 18-C, section 5-305, subsection 3; Title 18-C, section 5-406, 
subsection 1; or Title 18-C, section 5-507, subsection 1;
Sec. C-23.  4 MRSA §1802, sub-§4, ¶C-2 is enacted to read:
C-2.  In a guardianship, conservatorship or other protective arrangement proceeding 
involving a minor respondent, an indigent parent, guardian or petitioner for whom 
counsel was appointed at public expense pursuant to Title 18-C, section 5-205, 
subsection 4; Title 18-C, section 5-210, subsection 7; Title 18-C, section 5-406, 
subsection 3; or Title 18-C, section 5-507, subsection 3;
Sec. C-24.  4 MRSA §1802, sub-§4, ¶C-3 is enacted to read:
C-3.  An indigent parent in an adoption proceeding for whom counsel was appointed 
at public expense pursuant to Title 18-C, section 9-106 or an indigent parent or minor 
adoptee in a proceeding for annulment of an adoption decree for whom counsel was 
appointed at public expense pursuant to Title 18-C, section 9-315, subsection 1, 
paragraph A; and
Sec. C-25.  4 MRSA §1802, sub-§4, ¶D, as enacted by PL 2019, c. 427, §2, is 
amended to read:
D.  An indigent defendant or party or a juvenile for the purpose of filing, on behalf of 
that indigent defendant or party or juvenile, a petition for certiorari to the Supreme 
Court of the United States from an adverse decision of the Law Court on a case for 
which services were previously provided to that defendant or party or juvenile pursuant 
to paragraph A, B or, C, C-1, C-2 or C-3.
Sec. C-26.  4 MRSA §1802, sub-§5 is enacted to read:
5.  Register.  "Register" has the same meaning as in Title 18-C, section 1-201, 
subsection 48.
Sec. C-27.  4 MRSA §1804, sub-§3, ¶D, as enacted by PL 2009, c. 419, §2, is 
amended to read:
D.  Develop criminal defense,; child protective and adoption; guardianship, 
conservatorship and other protective arrangements; and involuntary commitment 
representation training and evaluation programs for attorneys throughout the State to 
ensure an adequate pool of qualified attorneys;
Sec. C-28.  4 MRSA §1806, sub-§3, as enacted by PL 2011, c. 547, §2, is amended 
to read:
3.  Confidential information disclosed by the Judicial Department and registers.  
The Judicial Department and registers may disclose to the commission confidential 
information necessary for the commission to carry out its functions, including the collection 
of amounts owed to reimburse the State for the cost of assigned counsel, as follows:
A.  Case information and individual client information with respect to court 
proceedings that are confidential by statute or court rule in which one or more parties 
are represented by assigned counsel; and
B.  The name, address, date of birth and social security number of any person ordered 
by the court to reimburse the State for some or all of the cost of assigned counsel.
This information remains confidential in the possession of the commission and is not open 
to public inspection, except that the names of criminal defendants and the names of juvenile 
defendants charged with offenses that if committed by an adult would constitute murder or 
a Class A, Class B or Class C crime are not confidential.
Sec. C-29.  4 MRSA c. 39 is enacted to read:
CHAPTER 39
COURT VISITORS
§1901. Definitions
As used in this chapter, unless the context indicates otherwise, the following terms 
have the following meanings.
1. Court.  Prior to January 1, 2025, "court" means the state Probate Court established 
in section 201-A, subsection 2, paragraph B.  Beginning January 1, 2025, "court" means 
the Probate Court established in section 407, subsection 1.
2. Visitor. "Visitor" means a person appointed to act as the court's agent pursuant to 
Title 18-C, section 5-304, 5-405 or 5-506.
§1902. Roster of visitors
Rules adopted by the Supreme Judicial Court govern the establishment and 
maintenance of a roster of individuals eligible for appointment as a visitor.  The rules must 
address:
1. Application process.  The process for applying to be included on the roster, 
including application forms;
2. Criteria.  Criteria for initial listing on the roster, including:
A.  Credentials, including professional licenses required, if any, and minimum 
education requirements;
B. Core training; and
C. Good character;
3. Continuing education.  Continuing education requirements;
4. Criminal background check.  Obtaining criminal history record information on an 
individual who seeks to be listed on the roster, including, at a minimum, criminal history 
record information from the Department of Public Safety, Bureau of State Police, State 
Bureau of Identification;
5.  Other requirements.  Any other requirements necessary to remain in good standing 
and included on the roster; and
6. Removal.  The process for removing an individual from the roster.
§1903. Visitor responsibilities
1. Standards of conduct.  Visitors shall abide by the standards of conduct as adopted 
by rule by the Supreme Judicial Court.
2. General responsibilities.  An individual appointed by the court to serve as a visitor 
serves as the court's agent and is entitled to quasi-judicial immunity for acts performed 
within the scope of the duties of the visitor.  As a quasi-judicial officer, the visitor shall 
perform the assigned duties independently and impartially in all relevant matters within the 
scope of the order of appointment, respecting the court's obligation to dispose of all judicial 
matters promptly, efficiently and fairly as provided in the Maine Code of Judicial Conduct.  
A visitor shall:
A. Understand and uphold the law and court orders related to the visitor's appointment;
B. Maintain the highest standards of professionalism, cultural sensitivity and ethics;
C. Plan, carry out, document and complete the visitor's duties as set forth in statute or 
court order in a timely fashion; 
D. Communicate with the respondent in the manner the respondent is best able to 
understand, in light of the respondent's abilities, limitations and needs; 
E. Make well-reasoned and factually based written recommendations as required by 
statute or directed by the order of appointment; and
F. Complete assignments and written reports in a timely manner and communicate 
effectively with the court in reports, recommendations and testimony.
§1904.  Appointment order; payment
1. Appointment of visitor.  An order appointing a visitor must specify the terms and 
conditions of the appointment as provided in the appointment statute, this chapter and rules 
adopted by the Supreme Judicial Court.   
A.  A court may appoint, without any findings, any individual listed on the roster. 
B. When there is no suitable visitor on the roster that is available for appointment, a 
court may, for good cause shown, appoint an individual who, in the opinion of the 
appointing court, has the necessary skills and experience. For the purposes of this 
paragraph, good cause may include the appointment of a visitor on a pro bono basis.
2. Order.  An appointment of a visitor must be by court order.
A. The appointment order must be written on a court-approved form and must specify 
the visitor's length of appointment and specific duties, including the filing of a written 
report.
B. The visitor has no authority to perform and may not be expected to perform any 
duties beyond those specified in the appointment order, unless subsequently ordered to 
do so by the court.
C. The visitor must be provided access to the respondent by any agency or person.
D. The visitor must provide to all parties of record copies of all reports filed by the 
visitor with the court.
E. The appointment order must specify the hearing or hearings at which the visitor must 
appear and be subject to cross-examination.
3. Payment.  An order appointing a visitor must specify the fee arrangements, 
including whether the visitor's reasonable fees and expenses must be paid from the 
respondent's assets or, if the court finds the respondent indigent, by the State.
§1905. Complaint process
1. Rules.  The Supreme Judicial Court shall provide by rule for a complaint process 
concerning visitors that provides for at least the following:
A.  The ability of a party to make a complaint before the final judgment as well as after 
the final judgment is issued;
B. Written instructions on how to make a complaint;
C. Clear criteria for making a complaint;
D. Transparent policies and procedures concerning the investigation of complaints and 
the provision of information to complainants;
E. A central database to log and track complaints; and
F. Policies and procedures for using complaints and investigations for recommending 
the removal of a visitor from a particular case or other consequences or discipline.
2. Complaint process.  The judicial branch shall provide written and electronic 
information to communicate the complaint process to the public and to all parties.
3. Minor complaint option.  The rules may provide for a minor complaint option that 
authorizes corrective action without the necessity of completing the full complaint and 
investigatory process.
4. Motion to remove.  The complaint process adopted pursuant to this section is in 
addition to the right of a party to file a motion to remove a visitor while the case is pending.  
The court shall hold a hearing on the motion at the request of the party filing the motion.  
The motion may be advanced on the docket and receive priority over other cases when the 
court determines that the interests of justice so require.
Sec. C-30.  18-C MRSA §1-111, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended by amending the section headnote to 
read:
§1-111.  Guardian Children's guardians ad litem
Sec. C-31.  18-C MRSA §1-112 is enacted to read:
§1-112.  Payment of guardian ad litem or visitor appointed at public expense
1. Payment of guardian ad litem or visitor appointed at public expense.  If a 
guardian ad litem or a visitor is appointed in a proceeding under this Title and the order of 
appointment directs that all or part of the guardian ad litem's or visitor's fees must be paid 
at public expense, the public expense portion of the fees must be paid by the following.
A.  If the court is located in a county described in Title 4, section 201-A, subsection 1, 
paragraph A, the county shall pay the public expense portion of the fees.  If the court 
is located in a county described in Title 4, section 201-A, subsection 1, paragraph B, 
the State shall pay the public expense portion of the fees.
This paragraph is repealed January 1, 2025.
B. Beginning January 1, 2025, the State shall pay the public expense portion of the 
fees.
Sec. C-32.  18-C MRSA §1-605, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is repealed and the following enacted in its place:
§1-605.  Compensation of court reporters
1.  Compensation generally.  Court reporters appointed under Title 4, sections 751 to 
shall, if a transcript is requested by the court or a party, file the original transcript with 
the court and receive the same compensation as provided by law for temporary court 
reporters as well as mileage at the rate of 10¢ per mile.
2. Transcripts for court files.  When furnishing a transcript for the files of the court, 
the court reporter must be paid at the rate prescribed by the Supreme Judicial Court, after 
the reporter's bill has been allowed by the judge of the court in which the services were 
rendered, by the following. 
A.  If the court is located in a county described in Title 4, section 201-A, subsection 1, 
paragraph A, the county shall pay the cost of the transcript.  If the court is located in a 
county described in Title 4, section 201-A, subsection 1, paragraph B, the State shall 
pay the cost of the transcript.
This paragraph is repealed January 1, 2025.
B. Beginning January 1, 2025, the State shall pay the cost of the transcript.
3. Exception; probate matters.  In probate matters, the personal representative, 
conservator or guardian shall, in each case out of the estate handled by that personal 
representative, conservator or guardian, pay to the register for the county the amount of the 
reporter's fees, giving the fees the same priority as provided in section 3-815 for other costs 
and expenses of administration, or as otherwise provided for in the case of insolvent estates.  
If the estate assets are not sufficient, the court may order payment by the following.  
A.  If the court is located in a county described in Title 4, section 201-A, subsection 1, 
paragraph A, the court may order the county to pay all or part of the reporter's fees.  If 
the court is located in a county described in Title 4, section 201-A, subsection 1, 
paragraph B, the court may order the State to pay all or part of the reporter's fees.  
This paragraph is repealed January 1, 2025.
B. Beginning January 1, 2025, the court may order the State to pay all or part of the 
reporter's fees.
Sec. C-33.  18-C MRSA §5-119, sub-§1, as amended by PL 2019, c. 417, Pt. A, 
§14, is further amended to read:
1.  Attorney for respondent.  Unless the court has made a finding that the respondent 
is indigent and has appointed an attorney for the respondent on that basis, an attorney for a 
respondent in a proceeding under this Act is entitled to reasonable compensation and 
reimbursement of reasonable expenses from the property of the respondent.  If the court 
has made a finding that the respondent is indigent and has appointed an attorney for the 
respondent on that basis, the attorney's fees must be paid by the Maine Commission on 
Indigent Legal Services pursuant to Title 4, chapter 37.
Sec. C-34.  18-C MRSA §5-205, sub-§4, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
4.  Appointment of counsel.  A nonconsenting parent whose parental rights have not 
been terminated is entitled to court-appointed legal counsel if indigent.  In a contested 
action, the court may also appoint counsel for any indigent guardian or petitioner when a 
parent or legal custodian has counsel.  If the court makes a finding that the nonconsenting 
parent, guardian or petitioner for whom an attorney is appointed under this subsection is 
indigent, the attorney's fees must be paid by the Maine Commission on Indigent Legal 
Services pursuant to Title 4, chapter 37.
Sec. C-35.  18-C MRSA §5-205, sub-§5, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
5.  Attorney for a minor; notice to minor.  If the court determines at any stage of the 
proceeding, before or after appointment, that the interests of the minor are or may be 
inadequately represented, the court may appoint an attorney to represent the minor, giving 
consideration to the choice of the minor if the minor has attained 14 years of age.  If the 
court finds that the minor is indigent, the fees of an attorney appointed under this subsection 
must be paid by the Maine Commission on Indigent Legal Services pursuant to Title 4, 
chapter 37.  A minor may appear with or through counsel, but the court is not restricted 
from requiring the minor to be present for some or all of a hearing or other proceeding.  A 
minor 14 years of age or older must receive notice of any proceeding subsequent to the 
appointment of a guardian through the same means as required for any other party, and the 
minor may consent, object or otherwise participate in the proceeding.
Sec. C-36.  18-C MRSA §5-210, sub-§7, as amended by PL 2019, c. 417, Pt. A, 
§20, is further amended to read:
7.  Parent's petition to terminate guardianship; burden of proof.  A parent may 
bring a petition to terminate the guardianship of a minor.  A parent's notification to the 
court of the revocation of prior consent for a guardianship must be considered a petition to 
terminate the guardianship.  Before the court may apply the termination requirements in 
subsection 6, a party opposing a parent's petition to terminate a guardianship bears the 
burden of proving by clear and convincing evidence that the parent seeking to terminate 
the guardianship is currently unfit to regain custody of the minor, in accordance with the 
standard set forth in section 5‑204, subsection 2, paragraph C.  If the party opposing 
termination of the guardianship fails to meet its burden of proof on the question of the 
parent's fitness to regain custody, the court shall terminate the guardianship and make any 
further order that may be appropriate.  In a contested action, the court may appoint counsel 
for the minor or for any indigent guardian or parent.  If the court finds that the minor, 
guardian or parent for whom an attorney is appointed under this subsection is indigent, the 
appointed attorney's fees must be paid by the Maine Commission on Indigent Legal 
Services pursuant to Title 4, chapter 37.  In ruling on a petition to terminate a guardianship, 
the court may modify the terms of the guardianship or order transitional arrangements 
pursuant to section 5‑211.
Sec. C-37.  18-C MRSA §5-305, sub-§3 is enacted to read:
3.  Payment.  If the court appointing an attorney under subsection 1 finds that the 
respondent is indigent, the appointed attorney's fees must be paid by the Maine 
Commission on Indigent Legal Services pursuant to Title 4, chapter 37.
Sec. C-38.  18-C MRSA §5-406, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended by adding at the end a new blocked 
paragraph to read:
The fees of an attorney appointed under this subsection must be paid by the Maine 
Commission on Indigent Legal Services pursuant to Title 4, chapter 37 if the court finds 
that the respondent is indigent.
Sec. C-39.  18-C MRSA §5-406, sub-§3, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended by adding at the end a new blocked 
paragraph to read:
The fees of an attorney appointed under this subsection must be paid by the Maine 
Commission on Indigent Legal Services pursuant to Title 4, chapter 37 if the court finds 
that the parent is indigent.
Sec. C-40.  18-C MRSA §5-507, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended by adding at the end a new blocked 
paragraph to read:
The fees of an attorney appointed under this subsection must be paid by the Maine 
Commission on Indigent Legal Services pursuant to Title 4, chapter 37 if the court finds 
that the respondent is indigent.
Sec. C-41.  18-C MRSA §5-507, sub-§3, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended by adding at the end a new blocked 
paragraph to read:
The fees of an attorney appointed under this subsection must be paid by the Maine 
Commission on Indigent Legal Services pursuant to Title 4, chapter 37 if the court finds 
that the parent is indigent.
Sec. C-42.  18-C MRSA §9-106, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
§9-106.  Legal representation
1.  Attorney for parents.  The parents are entitled to an attorney for any hearing held 
pursuant to this Article.  If a parent or putative parent wants an attorney but is unable to 
afford one, the parent or the putative parent may request the court to appoint an attorney.  
If the court finds the requesting party indigent, the court shall appoint and pay the 
reasonable costs and expenses of the attorney of the indigent party an attorney and the 
attorney's fees must be paid by the Maine Commission on Indigent Legal Services pursuant 
to Title 4, chapter 37.  The attorney may not be the attorney for the adoptive parents.
2.  Attorney for minor indigent parent.  When the adoptee is unrelated to the 
petitioner, the court shall appoint an attorney who is not the attorney for the adoptive 
parents to represent a minor indigent parent at every stage of the proceedings unless the 
minor indigent parent refuses representation or the court determines that representation is 
unnecessary.  The fees of an attorney appointed for a minor indigent parent under this 
subsection must be paid by the Maine Commission on Indigent Legal Services pursuant to 
Title 4, chapter 37.
Sec. C-43.  18-C MRSA §9-315, sub-§1, ¶A, as enacted by PL 2017, c. 402, Pt. 
A, §2 and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
A.  If the adoptee is a minor, the court shall appoint a guardian ad litem on behalf of 
the minor adoptee and shall consider the best interest of the child, taking into account 
the factors set forth in Title 19‑A, section 1653, subsection 3. The court shall sustain 
the decree unless there is clear and convincing evidence of one or more bases for 
annulment and that the decree is not in the best interest of the child.  The court may 
allocate the costs of the guardian ad litem to one or more of the parties or, if the parties 
are indigent, the court shall pay the reasonable costs and expenses of the guardian ad 
litem.
The court may allocate the costs of the guardian ad litem to one or more of the parties 
and may appoint counsel for a minor adoptee or a party to the annulment proceedings.  
If the court finds that the minor adoptee or the party for whom counsel is appointed 
under this paragraph is indigent, the appointed attorney's fees must be paid by the 
Maine Commission on Indigent Legal Services pursuant to Title 4, chapter 37.  A minor 
adoptee may appear and be represented by counsel.
If the court finds that the minor, guardian or parent for whom counsel is appointed 
under this paragraph is indigent, the appointed attorney's fees must be paid by the 
Maine Commission on Indigent Legal Services pursuant to Title 4, chapter 37.
Sec. C-44.  Effective date. This Part takes effect January 1, 2023.
PART D
Sec. D-1.  4 MRSA c. 7, as amended, is repealed.
Sec. D-2.  4 MRSA c. 7-A is enacted to read:
CHAPTER 7-A
PROBATE COURT
§407. Establishment; court of record; seal; process; contempt power
1. Establishment; court of record; seal.  A Probate Court for the State is established 
as a court of record.  The Chief Judge of the Probate Court shall establish the official seal 
of the court and provide the official seal to the Register of Probate in each county.
2. Process; contempt power.  The Probate Court may issue any process necessary for 
the discharge of official duties and may punish for contempt of the court's authority.
§408. Oaths and acknowledgments
All oaths required to be taken by personal representatives, trustees, guardians or 
conservators, or of any other persons in relation to any proceeding in the Probate Court, or 
to perpetuate the evidence of the publication of any order of notice, may be administered 
by the Probate Court Judge or Register of Probate or any notary public. A certificate 
thereof, when taken out of court, must be returned into the registry of probate and there 
filed. When any person of whom such oath is required, including any parent acknowledging 
consent to an adoption, resides temporarily or permanently outside of the State, the oath or 
acknowledgment may be taken before and be certified by a notary public in another state, 
a commissioner for the State or a United States Consul.
§409. General jurisdiction; transfer of certain proceedings to District Court
1. Estates and trusts.  The Probate Court has jurisdiction in the following matters.
A. The Probate Court in each county may take the probate of wills and grant letters 
testamentary or of administration on the estates of all deceased persons who, at the time 
of their death, were inhabitants or residents of the county or who, not being residents 
of the county, died leaving an estate to be administered in the county, or whose estate 
is afterwards found in the county; and has jurisdiction of all matters relating to the 
settlement of such estates.
B. The Probate Court has jurisdiction in equity, concurrent with the Superior Court, of 
all cases and matters relating to the administration of the estates of deceased persons, 
to wills and to trusts that are created by will or other written instrument. Such 
jurisdiction may be exercised upon complaint according to the usual course of 
proceedings in civil actions in which equitable relief is sought.
2. Adoptions, name changes, guardianships, conservatorships and other 
protective arrangements.  The Probate Court has, to the extent authorized in Title 18-C, 
jurisdiction over adoptions, name change petitions, guardianships, conservatorships and 
other protective arrangements and has jurisdiction as to persons under guardianship, 
conservatorship or other protective arrangements, except in cases in which the District 
Court has exclusive jurisdiction over a child pursuant to section 152, subsection 5-A. 
3. Disclosure of orders and proceedings involving parental rights.  The Probate 
Court shall require all parties in any matter involving guardianship, adoption or change of 
name or another matter involving custody or other parental rights with respect to a minor 
child to disclose whether they have knowledge of:  
A. Any interim or final order then in effect concerning custody or other parental rights 
with respect to the minor child;
B. Any proceeding involving custody or other parental rights with respect to the minor 
child currently filed or pending before any court of this State or another state, including 
the District Court; or
C. Any other related action currently filed or pending before any court of this State or 
another state, including the District Court.
4.  Transfer of certain proceedings to District Court.  If, in a matter before the 
Probate Court concerning a minor child, the Probate Court becomes aware that a 
proceeding involving custody or other parental rights with respect to the minor child is 
pending in the District Court, the Probate Court shall notify the District Court and take 
appropriate action to facilitate a transfer of the matter to the District Court.  
§410.  Jurisdiction in court where proceedings originate
Subject to Title 18-C, sections 1-303, 3-201, 5-106 and 9-104, and except as otherwise 
provided in Title 18-C, section 5-105, when a case is originally within the jurisdiction of 
the Probate Court in 2 or more counties, the one that first commences proceedings retains 
jurisdiction exclusively throughout. The jurisdiction assumed in any case, except in cases 
of fraud, so far as it depends on the residence of any person or the locality or amount of 
property, may not be contested in any proceeding except on an appeal or removal from the 
Probate Court in the original case or when the want of jurisdiction appears on the same 
record.
§411.  Judges; appointment; qualifications; remuneration; full-time duties
1. Appointment; term.  The Governor, subject to review by the joint standing 
committee of the Legislature having jurisdiction over judiciary matters and to confirmation 
by the Legislature, shall appoint to the Probate Court 9 judges.  Each Probate Court Judge 
has a term of office of 7 years.
2. Qualifications.  To be eligible for appointment as a Probate Court Judge, an 
individual must be a member of the bar of the State.  
3.  Salary; expenses.  Except as provided in subsection 4 for the Chief Judge of the 
Probate Court, each Probate Court Judge is entitled to receive a salary equivalent to the 
salary of an Associate Judge of the District Court under section 157, subsection 4 and to 
reimbursement by the State for expenses to the same extent that a District Court Judge is 
entitled to reimbursement by the State for expenses under section 157, subsection 5.
4. Designation of Chief Judge; salary; expenses.  The Chief Justice of the Supreme 
Judicial Court shall designate one Probate Court Judge appointed under subsection 1 as the 
Chief Judge of the Probate Court.  The Chief Judge of the Probate Court is entitled to 
receive a salary equivalent to the salary of the Chief Judge of the District Court under 
section 157, subsection 2 and to reimbursement by the State for expenses to the same extent 
that a District Court Judge is entitled to reimbursement by the State for expenses under 
section 157, subsection 5.
5. Full-time duties.  A Probate Court Judge appointed under this section shall devote 
full time to that judge's judicial duties and, during that judge's term of office, may not 
practice law or be the partner or associate of any person in the practice of law.
§412.  Duties of Chief Judge
The Chief Judge of the Probate Court is responsible to and under the supervision of the 
Chief Justice of the Supreme Judicial Court for the operation of the Probate Court and shall 
serve as Chief Judge at the pleasure of the Chief Justice.  The Chief Judge shall:
1. Hold court when necessary.  Hold court in any county when the Chief Judge 
determines it necessary by reason of illness, absence or disability of the Probate Court 
Judge regularly assigned or by reason of an excessive case load in any county;
2. Assign judges.  Assign Probate Court Judges to hold court in any county where, in 
the judgment of the Chief Judge, they are needed;
3. Days and hours for holding court.  Subject to the requirements of section 413, 
subsection 4, fix the days and hours for holding court in each county and provide public 
notification of such days and hours as provided in section 415;
4. Vacations.  Determine the time for the taking of vacations by each Probate Court 
Judge;
5.  Records and reports.  Prescribe, subject to the approval of the Chief Justice of the 
Supreme Judicial Court or the Chief Justice's designee, the records to be kept and destroyed 
and the reports to be made by each Probate Court Judge;
6. Statistics.  Collect such statistics and other information pertaining to the business of 
the Probate Court as are requested by the Chief Justice of the Supreme Judicial Court or 
the Chief Justice's designee;
7. Budget.  Utilizing such assistance from the Administrative Office of the Courts as 
the Chief Judge may request, prepare and submit a proposed annual budget for the Probate 
Court to the Chief Justice of the Supreme Judicial Court or the Chief Justice's designee.  
The proposed annual budget for the Probate Court may not include expenses related to the 
operation of county registries of probate or revenue from fees, fines or penalties collected 
by the Probate Court and allocated to the county pursuant to Title 18-C, sections 1-501, 
1-511, 1-603 and 1-607 or any other provision of law;
8.  Report.  Render to the Chief Justice of the Supreme Judicial Court an annual report 
on the state of business in the Probate Court and on the conferences held pursuant to 
subsection 10;
9. Courtroom facilities.  Pursuant to section 413, make necessary arrangements for 
safe and accessible courtroom facilities in each county; establish headquarters with 
appropriate facilities for the Chief Judge; and establish quarters and facilities for each 
Probate Court Judge;
10. Conference of judges.  Convene at least once annually at such place as the Chief 
Judge considers appropriate a conference of Probate Court Judges to consider and take 
action upon or make recommendations with respect to current problems in the operation of 
the Probate Court.  The expenses of Probate Court Judges attending this conference are an 
expense of the Probate Court; 
11.  Development and implementation of administrative concepts.  Carry on a 
continuous survey and study of the organization, operation, condition of business, practice 
and procedure of the Probate Court and make recommendations to the Chief Justice of the 
Supreme Judicial Court concerning the number of judges and other personnel, other than 
personnel in the county registries of probate, required for the efficient administration of 
justice and examine, with the advice of the Probate Court Judges and Registers of Probate, 
the status of dockets of the various Probate Courts to determine whether the business of the 
court is being carried out in an efficient manner and that emergency matters are prioritized 
and addressed expediently.  From such an examination, the Chief Judge shall annually 
make recommendations to the Chief Justice of the Supreme Judicial Court for guidelines 
and policies for the scheduling and trial of matters before the Probate Court.  In providing 
recommendations, the Chief Judge shall give due and appropriate regard to the 
recommendations of the Probate Court Judges and the Registers of Probate and shall 
provide a mechanism whereby their individual recommendations and comments may be 
brought to the attention of the Chief Justice.  The Chief Judge, in advising as to the 
appropriateness of the methods or systems for scheduling trials and the management of 
matters before the Probate Court, shall take into consideration systems and methods 
operational in the Superior Court and the District Court.  The final decision as to the 
management of judicial branch personnel and the implementation of guidelines, policies 
and procedures for the scheduling of trials and management of matters before the Probate 
Court must be made by the Chief Justice only after consultation with the Chief Judge; and
12. Other duties.  Perform such additional duties as may be assigned by the Chief 
Justice of the Supreme Judicial Court.
§413. Probate Court regions; place for holding court
1.  Probate Court regions.  The State is divided into 8 Probate Court regions, named 
and defined as follows:
A. Region 1 consists of York County;
B. Region 2 consists of Cumberland County;
C. Region 3 consists of Oxford, Franklin and Androscoggin counties;
D. Region 4 consists of Kennebec and Somerset counties;
E. Region 5 consists of Penobscot and Piscataquis counties;
F. Region 6 consists of Sagadahoc, Lincoln, Knox and Waldo counties;
G. Region 7 consists of Hancock and Washington counties; and
H. Region 8 consists of Aroostook County.
2. Assignment.  The Chief Judge of the Probate Court shall assign at least one Probate 
Court Judge as the primary judge to hold court in each region.
3. Place for holding court.  In each county within each region, the Chief Judge of the 
Probate Court shall designate a place for holding court that is located, to the extent possible 
given the other requirements of this subsection, in the building holding the office of that 
county's Register of Probate.  The Chief Judge, with the advice and approval of the 
Department of Administrative and Financial Services, Bureau of General Services, is 
empowered to negotiate on behalf of the State the leases, contracts and other arrangements 
the Chief Judge considers necessary, within the limits of the budget and funds available, to 
provide suitable quarters, adequately furnished and equipped for the Probate Court in each 
county.  
If the Chief Judge is unable to negotiate the leases, contracts and other arrangements as 
provided in this subsection, the Chief Judge may, with the advice and approval of the 
Bureau of General Services, negotiate on behalf of the State the leases, contracts and other 
arrangements the Chief Judge considers necessary, within the limits of the budget and funds 
available, to provide suitable quarters, adequately furnished and equipped for the Probate 
Court in other publicly owned or privately owned buildings.
4. Exception; Aroostook County.  Notwithstanding subsection 3, the Chief Judge of 
the Probate Court shall secure facilities for the Probate Court in Region 8 to hold court at 
least 2 times each year at Fort Kent and at least 4 times each year at Caribou. The time for 
holding the court must be appointed by the Chief Judge of the Probate Court and made 
known by public notification as provided in section 415.
5. Exception; alternative locations.  Notwithstanding subsection 3, the Probate Court 
may hold hearings for matters in equity and contested cases at such time and place in the 
county as the Probate Court may appoint and make all necessary orders and decrees relating 
thereto.
§414.  Officers execute processes and attend courts
Sheriffs, their deputies and constables shall execute all legal processes directed to them 
by a Probate Court, which may, when necessary, require such officer, when not in 
attendance upon any other court, to attend during the sitting of the Probate Court, for which 
that officer must be paid as in other courts for similar services. 
§415.  Continuous session; return day for matters requiring public notice
The Probate Court is always open in each county for all matters over which it has 
jurisdiction, except upon days on which by law no court is held, but it shall have certain 
fixed days and places to be made known by public notification thereof in their respective 
counties to which all matters requiring public notice must be made returnable, except as 
otherwise ordered by the Chief Judge of the Probate Court. In case of the absence of the 
assigned Probate Court Judge at the time of holding any court, the Register of Probate or 
acting register may adjourn the same unless the Chief Judge of the Probate Court assigns 
another Probate Court Judge to attend. 
§416.  Conflict of interest; transfer of proceeding
1.  Probate Court Judge conflict of interest.  When a Probate Court Judge is 
interested in that judge's own right in a trust that is not fully executed, or in any other 
manner in an estate, or is within the degree of kindred by which in law that judge may, by 
possibility, be heir to any part of the estate of the person deceased, or is named as executor, 
trustee of a trust that is not fully executed or guardian of minor children in the will of any 
deceased resident of the county, the judge must be recused from any proceedings related to 
the trust or settlement of the estate unless said disability is removed.  
This subsection may not be construed to require recusal by a Probate Court Judge who is 
named as executor, trustee or guardian of minor children in a will if the judge does not 
receive a benefit from the will and the record of the court discloses the filing of the judge's 
declination to act as such executor, trustee or guardian and if no objection is raised by any 
interested party at the hearing on the petition for probate of the will.
2. Probate Court Judge not to draft documents.  A Probate Court Judge may not 
draft or aid in drafting any document or paper that the Probate Court Judge is by law 
required to pass upon. 
3. Register of Probate conflict of interest; transfer of proceeding.  When a Register 
of Probate is interested in that register's own right in a trust that is not fully executed, or in 
any other manner in an estate, or is within the degree of kindred by which in law that 
register may, by possibility, be heir to any part of the estate of the person deceased, or is 
named as executor, trustee of a trust that is not fully executed or guardian of minor children 
in the will of any deceased resident of the county, such estate must be settled in the Probate 
Court of any adjoining county, which has full jurisdiction thereof as if the deceased had 
died in that adjoining county.  If the register's interest arises after jurisdiction over such 
estate has been assumed or existed at the time of the register's election to office, and in all 
cases where an executor, administrator, guardian or trustee, whose trust is not fully 
executed, becomes the Register of Probate for the county in which that register's letters 
were granted, further proceedings must be transferred to the Probate Court in any adjoining 
county and there remain until completed, unless said disability is removed before that time. 
Whenever in any case within this subsection the disability of the Register of Probate is 
removed before the proceedings have been fully completed, the proceedings must then be 
transferred to the Probate Court in the county of original jurisdiction or to the Probate Court 
that otherwise would have had jurisdiction. In all such cases the register in such adjoining 
county shall transmit copies of all records relating to such estate to the probate office of the 
county where such estate belongs, to be there recorded.
This subsection may not be construed to require removal to another county by reason of 
the Register of Probate having been named as executor, trustee or guardian of minor 
children in a will, if the register does not receive a benefit from the will and the record of 
the court discloses the filing of the register's declination to act as such executor, trustee or 
guardian and if no objection is raised by any interested party at the hearing on the petition 
for probate of the will.
§417. Rights of claimants under heir
Any person claiming under an heir at law has the same rights as the heir in all 
proceedings in Probate Court, including rights of appeal.
§418. Perpetual care of cemetery lots by order
In any case in which an estate is under the Probate Court's jurisdiction for probate, the 
Probate Court may order that an appropriate amount out of the estate be set aside for 
perpetual care and suitable memorials for the cemetery lot in which the deceased is buried 
and order special care of such lots when the conditions and size of the estate seem to warrant 
such order.
§419. Contracts for support
1.  Approval required.  All contracts for support for life must be approved by the 
Probate Court in the county in which the support for life is to be rendered. The Probate 
Court shall grant approval after such reasonable notice as the court determines to be 
appropriate, if the court finds, after hearing, that the contract is just and equitable under all 
of the circumstances.
2.  Admissibility in evidence.  A contract or agreement for support for life that has not 
been approved under subsection 1 may not be received in evidence unless the person 
offering the contract or agreement establishes by a preponderance of the evidence that the 
contract or agreement is just and equitable under all of the circumstances.
3. Exception.  This section does not apply to contracts or agreements for support for 
life between persons related within the 3rd degree.
§420. Commission To Evaluate the Incorporation of the Probate Court into the 
Judicial Branch 
1.  Commission established.  The Commission To Evaluate the Incorporation of the 
Probate Court into the Judicial Branch, referred to in this section as "the commission," is 
established.
2.  Membership.  The commission consists of 15 members appointed as follows:
A.  Two members of the Senate appointed by the President of the Senate, including one 
member from each of the 2 parties holding the largest number of seats in the 
Legislature;
B.  Three members of the House of Representatives appointed by the Speaker of the 
House of Representatives, including members from each of the 2 parties holding the 
largest number of seats in the Legislature;
C.  Three members appointed by the Chief Justice of the Supreme Judicial Court;
D.  One member who is a Probate Court Judge appointed by the Chief Justice of the 
Supreme Judicial Court;
E.  One member who is a Register of Probate appointed by the Speaker of the House 
of Representatives;
F.  One member who is a judicial branch clerk appointed by the Chief Justice of the 
Supreme Judicial Court;
G. One member who is a member of the Probate and Trust Law Advisory Commission, 
established pursuant to Title 5, section 12004-I, subsection 73-B,  appointed by that 
commission;
H.  One member who is a member of the Family Law Advisory Commission, 
established pursuant to Title 5, section 12004-I, subsection 52-A,  appointed by that 
commission; and
I.  Two members who are members of the Maine State Bar Association, one of whom 
is a member of a nonprofit organization providing statewide free legal services, 
appointed by the Speaker of the House of Representatives.
3.  Chairs; quorum.  The first-named Senate member is the Senate chair and the first-
named House of Representatives member is the House chair of the commission.  A quorum 
of the commission consists of 8 members.  
4. Appointments; convening of commission.  All appointments must be made no later 
than January 1, 2027.  The appointing authorities shall notify the Executive Director of the 
Legislative Council once all appointments have been completed.  After appointment of all 
members, the chairs shall call and convene the first meeting of the commission.  If 30 days 
or more after January 1, 2027 a majority of but not all appointments have been made, the 
chairs may request authority and the Legislative Council may grant authority for the 
commission to meet and conduct its business.
5. Duties.  The commission shall conduct a thorough review of the Probate Court 
system, including but not limited to the interaction between the state Probate Court and 
county registries of probate; the establishment and allocation of Probate Court fees;  the 
Maine Commission on Indigent Legal Services' responsibility for oversight and payment 
of attorneys appointed by the Probate Court to represent indigent parties in Probate Court 
proceedings pursuant to Title 4, chapter 37; and the judicial branch's responsibility for 
oversight of visitors appointed by the Probate Court and for payment of court-appointed 
visitors when the Probate Court is allowed or directed by law to appoint a visitor at state 
expense.  The review must include, but is not limited to, an evaluation of:
A.  Whether the number of Probate Court Judge positions is appropriate or should be 
adjusted;
B.  Whether the jurisdiction of the Probate Court, District Court and Superior Court 
should be adjusted to increase judicial efficiency and access to justice;
C. Whether the Chief Justice of the Supreme Judicial Court should be authorized to 
assign Probate Court Judges to sit in the Superior Court or the District Court and to 
assign Superior Court Justices and District Court Judges to sit in the Probate Court;
D.  Whether additional investments should be made to enhance the compatibility of the 
Probate Court's case management system with the case management system used by 
the other courts in the judicial branch; and
E. Whether additional steps should be taken to more fully incorporate the Probate Court 
into the judicial branch, including whether to transfer the functions and staff of the 
county registries of probate into the judicial branch.
6. Compensation.  Legislative members of the commission are entitled to receive the 
legislative per diem, as defined in Title 3, section 2, and reimbursement for travel and other 
necessary expenses for their attendance at authorized meetings of the commission. Public 
members not otherwise compensated by their employers or other entities that they represent 
are entitled to receive reimbursement of necessary expenses and, upon a demonstration of 
financial hardship, a per diem equal to the legislative per diem for their attendance at 
authorized meetings of the commission.  
7. Staffing.  The Legislative Council shall provide staff support for the operation of 
the commission, except that Legislative Council staff support is not authorized when the 
Legislature is in regular or special session.
8. Information and assistance.  The Administrative Office of the Courts, the Chief 
Judge of the Probate Court and Registers of Probate shall provide to the commission the 
information and assistance requested by the commission that is necessary for the 
commission to perform its duties.
9. Report.  No later than December 31, 2027, the commission shall submit a report 
that includes its findings and recommendations, which may include suggested legislation, 
for presentation to the joint standing committee of the Legislature having jurisdiction over 
judiciary matters.  The joint standing committee may report out legislation related to the 
report to the 133rd Legislature.
10. Repeal.  This section is repealed June 1, 2028.
Sec. D-3.  4 MRSA §1201, sub-§12-C is enacted to read:
12-C.  Judge.  "Judge" means a Justice of the Supreme Judicial Court or the Superior 
Court, any Judge of the District Court, any Probate Court Judge, any Administrative Court 
Judge or any Associate Administrative Court Judge who is actively serving as of December 
1, 1984, or who is appointed subsequent to December 1, 1984, but does not include Active 
Retired Judges.
Sec. D-4.  18-C MRSA §1-201, sub-§8-A is enacted to read:
8-A.  Court.  "Court" means the Probate Court established in Title 4, section 407, 
subsection 1.
Sec. D-5.  18-C MRSA §1-309-A is enacted to read:
§1-309-A.  Judges
A judge of the court must be chosen and shall serve as provided in Title 4, chapter 7-A.
Sec. D-6.  18-C MRSA §1-510, sub-§1, ¶B-1 is enacted to read:
B-1.  Be an administrator, guardian, commissioner of insolvency, appraiser or divider 
of an estate, in a case within the jurisdiction of the court located in the county in which 
the register is register, except as provided in Title 4, chapter 7-A, or be in any manner 
interested in the fees and emoluments arising from such an estate in that capacity; or
Sec. D-7.  21-A MRSA §1, sub-§11, as enacted by PL 1985, c. 161, §6, is amended 
to read:
11.  County office.  "County office" means the office of judge of probate, register of 
probate, county treasurer, register of deeds, sheriff, district attorney or county 
commissioner.
Sec. D-8.  21-A MRSA §601, sub-§3, as amended by PL 2021, c. 273, §10, is 
further amended to read:
3.  Order of offices.  The order of offices on the ballot is as follows:  President, United 
States Senator, Governor, Representative to Congress, State Senator and Representative to 
the Legislature, and the county offices in the following order: judge of probate, register of 
probate, county treasurer, register of deeds, sheriff, district attorney and county 
commissioner, except that the order may be modified to allow ranked-choice contests to be 
printed on the opposite side of the ballot, separate from contests other than ranked-choice 
contests.
Sec. D-9.  Transition provision.  A Probate Court Judge appointed to the state 
Probate Court pursuant to the Maine Revised Statutes, Title 4, section 301-A, subsection 2 
prior to January 1, 2025 continues to serve as a Probate Court Judge in the Probate Court 
established in Title 4, chapter 7-A until the expiration of the term to which the judge was 
appointed.
Sec. D-10.  Effective date. This Part takes effect January 1, 2025.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved, except as otherwise indicated.
SUMMARY
This bill implements the recommendations of the Commission To Create a Plan To 
Incorporate the Probate Courts into the Judicial Branch, referred to in this summary as "the 
commission."  The report is available online at https://legislature.maine.gov/doc/7703.
Maine's county Probate Courts occupy a unique position in Maine's justice system. 
Unlike Maine's other trial courts, Probate Courts are not part of the state judicial branch 
and Probate Court Judges are not appointed by the Governor and confirmed by the 
Legislature.  Instead, pursuant to the former Constitution of Maine, Article VI, Section 6, 
Probate Court Judges and Registers of Probate are elected to 4-year terms in each county.  
Although the caseload varies from county to county, it is generally understood that Maine's 
county Probate Court Judges serve on a part-time basis and, accordingly, they are 
authorized to engage in the practice of law. 
In 1967, the Legislature passed Resolve 1967, chapter 77, which proposed an 
amendment to the Constitution of Maine that would repeal Article VI, Section 6 and would 
"become effective at such time as the Legislature by proper enactment shall establish a 
different Probate Court system with full-time judges."  This constitutional amendment was 
approved by a majority of the voters of Maine on November 7, 1967.  In its report, the 
commission recommended that the Legislature implement this constitutional amendment 
by establishing a new state Probate Court with full-time, appointed state Probate Court 
Judges.  Part A of the bill sets out that it is the intent of the Legislature that the enactment 
of this legislation, which implements the commission's recommended new Probate Court 
system with full-time judges, will trigger the repeal of the Constitution of Maine, Article 
VI, Section 6 pursuant to Resolve 1967, chapter 77 on the date that this emergency 
legislation is approved.
Although this bill is intended to trigger the repeal of the Constitution of Maine, Article 
VI, Section 6, which provides for the election of probate judges, the commission did not 
recommend and the bill does not provide for the removal from office of any county Probate 
Court Judge prior to the expiration of the term to which the judge was previously elected 
under the Constitution.  To avoid that result, the commission recommended a multiyear, 
multistep process for establishing a new state Probate Court with full-time judges.  Part B 
of the bill, which is effective immediately, Part C of the bill, which is effective January 1, 
2023, and Part D of the bill, which is effective January 1, 2025, implement this multiyear, 
multistep process as follows. 
1.  Parts B and D of the bill establish a state Probate Court within the judicial branch 
that is distinct from the District Court and Superior Court.  By January 1, 2025, the state 
Probate Court will be staffed by 9 full-time judges appointed by the Governor and 
confirmed by the Legislature, including one judge assigned to serve as the primary judge 
in each of 8 new Probate Court regions that will be aligned with the State's 8 prosecutorial 
districts.
A. When the terms of the incumbent probate judges in Androscoggin, Franklin, Knox 
and Penobscot counties expire on December 31, 2022, they will be replaced by county 
Probate Court Judges elected to 2-year terms that will expire on December 31, 2024.  
Because the ballot-qualification process has already commenced, Part B of the bill 
provides that signatures collected by a candidate on a petition to qualify to appear on 
the primary or general election ballot for a county probate judge position established 
by the Constitution of Maine, Article VI, Section 6 in one of these counties are deemed 
to be signatures collected for that candidate to appear on the primary or general election 
ballot for the 2-year statutory Probate Court Judge positions established in the bill for 
that county.
B.  When the terms of the incumbent probate judges in Cumberland, Hancock and 
Washington counties expire on December 31, 2022, they will be replaced by 4 new 
state Probate Court Judges appointed by the Governor and confirmed by the Legislature 
in the same manner that District Court Judges and Superior Court Justices are appointed 
and confirmed for terms that commence January 1, 2023.  Although not reflected in the 
text of the bill, the commission also recommended that these judges be supported by 
one new law clerk, one new judicial administrative assistant and 4 new court marshals.
C.  Beginning January 1, 2023, the 4 new state Probate Court Judges will preside over 
probate proceedings in Cumberland, Hancock and Washington counties while the 
remainder of the State's 16 counties will continue to be served by an elected county 
Probate Court Judge.  If a judicial vacancy occurs in a county Probate Court after 
January 1, 2023 due to the death, resignation or retirement of the elected county Probate 
Court Judge, the vacant position will not be filled and jurisdiction over that county's 
probate matters will be transferred to the new state Probate Court.  If the Chief Justice 
of the Supreme Judicial Court determines that the number of state Probate Court Judges 
is insufficient to provide for the efficient administration of justice in all of the counties 
served by the new state Probate Court, the Chief Justice may request that the Governor 
appoint an additional state Probate Court Judge.  Although not reflected in the text of 
the bill, to ensure that funding is available for all of the new potential state judgeships 
as they arise, the commission also recommended that all 9 new state Probate Court 
Judge positions be funded through General Fund appropriations commencing on 
January 1, 2023.
D. When the terms of all remaining county Probate Court Judges expire on December 
31, 2024, they will be replaced by the number of new state Probate Court Judges 
necessary to achieve a full complement of 9 state Probate Court Judges.  Although not 
reflected in the text of the bill, the commission also recommended that these new judges 
be supported by a 2nd law clerk and judicial administrative assistant and by 5 additional 
court marshals.
E.  Although not reflected in the text of the bill, the commission also recommended 
that the judicial branch be authorized to hire an information technology specialist and 
a facilities manager as soon as possible, and that General Fund appropriations be 
provided for that purpose, to help the judicial branch prepare for the establishment of 
the state Probate Court on January 1, 2023.
2.  Parts B, C and D of the bill direct the Chief Justice of the Supreme Judicial Court 
to designate one appointed state Probate Court Judge to serve as the Chief Judge of the 
Probate Court, who is charged with fulfilling administrative duties similar to the 
administrative duties of the Chief Justice of the Superior Court and Chief Judge of the 
District Court.  These duties include facilitating the transition from the county Probate 
Court system to the state Probate Court system; creating the statewide Probate Court 
schedule; ensuring uniformity of court processes and procedures and that emergency 
matters are prioritized and addressed expediently; securing and ensuring the accessibility 
and safety of Probate Court facilities; and preparing annual reports on the business of the 
state Probate Court.
3. Parts C and D of the bill direct that state Probate Court proceedings be held in 
existing county Probate Court facilities if possible and require the Chief Judge of the 
Probate Court to negotiate leases, contracts or other arrangements between the counties and 
the judicial branch regarding the use of those facilities. When necessary, state District Court 
and Superior Court facilities may also be used for Probate Court proceedings.
4. Parts B, C and D of the bill preserve the county registries of probate. 
A.  Part B of the bill provides, by statute, for the election of county Registers of Probate 
under the same terms and conditions applicable to county register of probate elections 
under the Constitution of Maine, Article VI, Section 6, which will be repealed on the 
date that this emergency legislation is approved.  Because the ballot-qualification 
process has already commenced, Part B of the bill provides that signatures collected 
by a candidate on a petition to qualify to appear on the primary or general election 
ballot this year for a register of probate position established by the Constitution of 
Maine, Article VI, Section 6 are deemed to be signatures collected for that candidate 
to appear on the primary or general election ballot this year for the same Register of 
Probate position established in the bill by statute.
B.  Parts B, C and D of the bill further provide that, as each county transitions to the 
state Probate Court, that county should continue to retain all fees filed in state Probate 
Court proceedings in that county to offset the costs of maintaining its county registry 
of probate and of paying registry staff.  These costs include, for example, the cost to 
maintain the current electronic management system for probate court records that the 
commission recommended retaining during the multiyear transition to the new state 
Probate Court system.
5. Part C of the bill provides that, beginning January 1, 2023, the Maine Commission 
on Indigent Legal Services is responsible for paying and for establishing the minimum 
experience, training and additional qualifications for attorneys appointed to represent 
indigent individuals at public expense in all state and county Probate Court proceedings.  
Although not reflected in the text of the bill, the commission further recommended that the 
Legislature provide new General Fund appropriations to the Maine Commission on 
Indigent Legal Services to cover the cost of these appointments.
6. Parts C and D of the bill require the judicial branch to establish the minimum 
experience, training and additional qualifications for court-appointed visitors in state 
Probate Court proceedings and to pay the expenses of both court-appointed visitors and 
court-appointed guardians ad litem in state Probate Court proceedings when the parties are 
indigent or the court is allowed or directed by law to pay these expenses.  Although not 
reflected in the text of the bill, the commission recommended that the Legislature provide 
new General Fund appropriations to the judicial branch to cover the expenses associated 
with the new requirements.  Part C of the bill clarifies that, if a guardian ad litem or visitor 
is appointed at public expense in a county Probate Court proceeding, the county remains 
responsible for paying the court-appointed professional's fees.
7.  Finally, Part D of the bill establishes the Commission To Evaluate the Incorporation 
of the Probate Court into the Judicial Branch, a 15-member study group composed of the 
same categories of members appointed to the Commission To Create a Plan To Incorporate 
the Probate Courts into the Judicial Branch.  Part D of the bill directs the new commission 
to conduct a thorough review of the new state Probate Court system in 2027, which must 
include, but is not limited to, evaluating whether the number of supported state Probate 
Court Judge positions proposed is appropriate or should be adjusted; whether the 
jurisdiction of the state Probate Court, District Court and Superior Court should be adjusted 
to increase judicial efficiency and access to justice; whether to authorize assignment of 
state Probate Court Judges to preside over District Court or Superior Court dockets to the 
same extent that the judges in the District Court and justices in the Superior Court are 
available for cross assignments; whether additional investments should be made to enhance 
the compatibility of the Probate Court and judicial branch electronic case management 
systems; and whether additional opportunities exist to advance toward the ultimate goal of 
fully incorporating the Probate Court system into the judicial branch.  No later than 
December 31, 2027, the commission is required to submit a report that includes its findings 
and recommendations, which may include suggested legislation, for presentation to the 
joint standing committee of the Legislature having jurisdiction over judiciary matters.  The 
joint standing committee may report out legislation related to the report to the 133rd 
Legislature.