An Act to Implement the Recommendations of the Probate and Trust Law Advisory Commission for Amending the Maine Uniform Probate Code and Related Provisions of Law
Maine Legislature, Session 131, LD 0196
Committee: Judiciary
Amends: 4 MRSA §307, 18-C MRSA §1, 18-C MRSA §2, 18-C MRSA §3, 18-C MRSA §5, 18-C MRSA §6

Legislative Document
No. 196
H.P. 120
House of Representatives, January 17, 2023
An Act to Implement the Recommendations of the Probate and 
Trust Law Advisory Commission for Amending the Maine Uniform 
Probate Code and Related Provisions of Law
Reported by Representative MOONEN of Portland for the Probate and Trust Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 18-C, section 1-803, subsection 2.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §307, first ¶, as corrected by RR 2021, c. 1, Pt. B, §11, is amended 
to read:
When a judge or register of probate is interested in that judge's or register of probate'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 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 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 appointment to office, and in all cases where 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 letters were granted, further 
proceedings in that county must be transferred to the 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 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. If there are fewer than 4 counties adjoining the county of a probate court 
that is required to transfer proceedings to an adjoining county under this section, the 
proceedings must be transferred to a probate court in one of the 4 counties nearest to the 
transferring probate court, as measured by the shortest distance along paved roads between 
the building in which the registry of probate is located in the transferring county and the 
building in which the registry of probate is located in the other county.
Sec. 2.  18-C MRSA §1-504, 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.  Certification.  When required by subsection 1, the register shall certify to the 
register of deeds in the county where any affected real estate is situated a true copy of the 
portion of the will that devises the real estate, an abstract of the appointment of the personal 
representative or a true copy or an abstract of the petition for an elective share.  Each 
certification must also include:
A.  A description of the real estate derived from the probated will or the petition upon 
which the appointment of the personal representative was made;
B.  The name of the decedent;
C.  The name or names of the devisees or heirs; and
D.  In the case of a will, the date of allowance of the will and an indication whether the 
will was probated formally or informally.
Sec. 3.  18-C MRSA §1-505, 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:
§1-505.  Notices to devisees and heirs; furnishing of copies
1. Notice to devisees and heirs.  A register shall, within 30 days after the filing of an 
application for the appointment of a personal representative, notify by mail all of the 
decedent’s devisees and heirs of the right of a surviving spouse to demand an elective share 
and the time limit for making such an election and of the rights of a surviving spouse and 
children to the homestead allowance, exempt property and family allowance.
2. Notice to devisees of probated will.  A register shall, within 30 days after a will is 
probated, notify by mail all devisees under the will that devises have been made to them, 
stating the name of the testator and the name of the personal representative, if a personal 
representative has been appointed at the time this notification is sent.
3. Furnishing of copies.  Devisees in a will may, upon application to the register, be 
furnished with a copy of the probated will upon payment of a fee of $1 per page.
Sec. 4.  18-C MRSA §2-402, as enacted by PL 2017, c. 402, Pt. A, §2 and affected 
by PL 2019, c. 417, Pt. B, §14, is amended to read:
§2-402.  Homestead allowance
A decedent's surviving spouse is entitled to a homestead allowance of $22,500.  If there 
is no surviving spouse, each minor child and each dependent child of the decedent is 
entitled to a homestead allowance amounting to $22,500 divided by the number of minor 
and dependent children of the decedent.  The homestead allowance is exempt from and has 
priority over all claims against the estate other than costs and expenses of administration 
and reasonable funeral expenses.  Homestead The homestead allowance is in addition to 
any benefit or share passing to the surviving spouse or minor or dependent child by intestate 
succession or by way of elective share and is in addition to any benefit or share passing to 
the surviving spouse or minor or dependent child by the decedent's will unless otherwise 
provided by intestate succession or by way of elective share the decedent's will expressly 
provides that the benefit or share passing to the surviving spouse or minor or dependent 
child is intended to be made in lieu of the homestead allowance. The personal 
representative shall promptly satisfy the homestead allowance from available assets.
Sec. 5.  18-C MRSA §2-403, as enacted by PL 2017, c. 402, Pt. A, §2 and affected 
by PL 2019, c. 417, Pt. B, §14, is amended to read:
§2-403.  Exempt property
In addition to the homestead allowance, the decedent's surviving spouse is entitled from 
the estate to a value, not exceeding $15,000 in excess of any security interests in the estate 
of tangible personal property, including, but not limited to, in household furniture, 
automobiles, furnishings, appliances and personal effects.  If Except as otherwise provided 
in this section, if there is no surviving spouse, children of the decedent are entitled jointly 
to the same value; however, the decedent, by will, may exclude one or more adult children 
from the receipt of exempt property.  If encumbered chattels are selected and the value in 
excess of security interests, plus that of other exempt property, is less than $15,000, or if 
there is not $15,000 worth of exempt property in the estate, the spouse or children are 
entitled to other assets of the estate, if any, to the extent necessary to make up the $15,000 
value.  Rights The rights to exempt property and assets needed to make up a deficiency of 
exempt property have priority over all claims against the estate other than costs and 
expenses of administration and reasonable funeral expenses, except that the right to any 
assets to make up a deficiency of exempt property abates as necessary to permit earlier 
payment of homestead allowance and family allowance.  These rights are The right to 
exempt property is in addition to any benefit or share passing to the surviving spouse or 
children by intestate succession or by way of elective share and is in addition to any benefit 
or share passing to the surviving spouse or children by the decedent's will unless otherwise 
provided by intestate succession or by way of elective share the decedent's will expressly 
provides that the benefit or share passing to the surviving spouse or children is intended to 
be made in lieu of the exempt property right and unless the decedent's will expressly 
excludes one or more adult children from the receipt of exempt property without providing 
a benefit or share in lieu thereof. The personal representative shall promptly satisfy the 
exempt property from available assets.
Sec. 6.  18-C MRSA §2-404, as enacted by PL 2017, c. 402, Pt. A, §2 and affected 
by PL 2019, c. 417, Pt. B, §14, is amended to read:
§2-404.  Family allowance
1.  Family allowance during administration.  In addition to the right to homestead 
allowance and exempt property, the decedent's surviving spouse and minor children whom 
the decedent was obligated to support and children who were in fact being supported by 
the decedent are entitled to a reasonable allowance in money out of the estate for their 
maintenance during the period of administration, which allowance may not continue for 
longer than one year if the estate is inadequate to discharge allowed claims.  The allowance 
may be paid as a lump sum or in periodic installments.  It is payable to the surviving spouse, 
if living, for the use of the surviving spouse and minor and dependent children; otherwise 
to the children, or persons having their care and custody.  If a minor child or dependent 
child is not living with the surviving spouse, the allowance may be made partially to the 
child or the child's guardian or other person having the child's care and custody, and 
partially to the spouse, as their needs may appear.  The family allowance is exempt from 
and has priority over all claims but not over except costs and expenses of administration, 
reasonable funeral expenses and the homestead allowance. The personal representative 
shall promptly satisfy the family allowance from available assets.
2.  Not chargeable against Additional benefit or share; right terminates on death.  
The family allowance is not chargeable against in addition to any benefit or share passing 
to the surviving spouse or minor or dependent children by intestate succession or by way 
of elective share and is in addition to any benefit or share passing to the surviving spouse 
or minor or dependent children by the decedent's will unless otherwise provided by intestate 
succession or by way of elective share the decedent's will expressly provides that the 
benefit or share passing to the surviving spouse or minor or dependent children is intended 
to be made in lieu of the allowance.  The death of any person entitled to family allowance 
terminates that person's right to allowance not yet paid.
Sec. 7.  18-C MRSA §3-108, sub-§1, ¶D, as amended by PL 2021, c. 4, §1, is 
further amended to read:
D.  Regardless of whether the decedent dies before, on or after the effective date of this 
Code, an informal testacy or appointment proceeding or a formal testacy or 
appointment proceeding may be commenced more than 3 years after the decedent's 
death if no proceeding concerning the succession or estate administration has occurred 
within the 3-year period after the decedent's death, but the personal representative has 
no right to possess estate assets as provided in section 3‑709 beyond that necessary to 
confirm title in the successors to the estate, and claims other than expenses of 
administration may not be presented against the estate;
Sec. 8.  18-C MRSA §3-108, sub-§1, ¶E, as amended by PL 2019, c. 417, Pt. A, 
§4, is further amended to read:
E.  A An informal or formal testacy proceeding may be commenced at any time after 
years from the decedent's death for the purpose of establishing an instrument to direct 
or control the ownership of property passing or distributable after the decedent's death 
from a person other than the decedent when the property is to be appointed by the terms 
of the decedent's will or is to pass or be distributed as a part of the decedent's estate or 
its transfer is otherwise to be controlled by the terms of the decedent's will; and
Sec. 9.  18-C MRSA §3-805, sub-§1, ¶B-1 is enacted to read:
B-1.  Homestead allowance;
Sec. 10.  18-C MRSA §3-805, sub-§1, ¶B-2 is enacted to read:
B-2.  Family allowance;
Sec. 11.  18-C MRSA §3-805, sub-§1, ¶B-3 is enacted to read:
B-3.  Exempt property;
Sec. 12.  18-C MRSA §5-308, sub-§4, as amended by PL 2021, c. 4, §2, is further 
amended to read:
4.  Effective date.  This section takes effect January 1, 2023 2025.
Sec. 13.  18-C MRSA §5-409, sub-§4, as amended by PL 2021, c. 4, §3, is further 
amended to read:
4.  Effective date.  This section takes effect January 1, 2023 2025.
Sec. 14.  18-C MRSA §5-511, sub-§4, as amended by PL 2021, c. 4, §6, is further 
amended to read:
4.  Effective date.  This section takes effect January 1, 2023 2025.
Sec. 15.  18-C MRSA §6-417, as enacted by PL 2017, c. 402, Pt. A, §2 and affected 
by PL 2019, c. 417, Pt. B, §14, is amended to read:
§6-417.  Optional form of template for transfer on death deed
The following form template may be used to create a transfer on death deed.  This 
template is not intended to be printed and recorded in its current format.  The other sections 
of this Part govern the effect of this or any other instrument used to create a transfer on 
death deed.
(front of form)
REVOCABLE TRANSFER ON DEATH DEED
NOTICE TO OWNER
You should carefully read all information on the other side of this form the "Common 
Questions about the Use of this Template" before using this template to create a transfer on 
death deed.  YOU MAY WANT ARE ENCOURAGED TO CONSULT A LAWYER 
BEFORE USING THIS FORM TEMPLATE.
This form A transfer on death deed must be recorded before your death, or it will not 
be effective.
IDENTIFYING INFORMATION
Owner or Owners Making This Deed:
............................................................
............................................................................................
Printed name..........................................Mailing address
............................................................................................
Printed name..........................................Mailing address
Legal description of the property:
........................................................................................................................
PRIMARY BENEFICIARY
I designate the following beneficiary if the beneficiary survives me.
............................................................
............................................................................................
Printed name..........................................Mailing address, if available
ALTERNATE BENEFICIARY - Optional
If my primary beneficiary does not survive me, I designate the following alternate 
beneficiary if that beneficiary survives me.
............................................................
............................................................................................
Printed name..........................................Mailing address, if available
TRANSFER ON DEATH
At my death, I transfer my interest in the described property to the beneficiaries as 
designated above.
Before my death, I have the right to revoke this deed.
SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
............................................................
(SEAL, if any).....................................
Signature.................................................Date...............
............................................................
(SEAL, if any).....................................
Signature.................................................Date...............
ACKNOWLEDGMENT
(insert acknowledgment for deed here)
(back of form)
COMMON QUESTIONS ABOUT THE USE OF THIS FORM TEMPLATE
What does the Transfer on Death (TOD) deed do? When you die, this deed transfers 
the described property, subject to any liens or mortgages (or other encumbrances) on the 
property at your death.  Probate is not required.  The TOD deed has no effect until you die.  
You can revoke it at any time.  You are also free to transfer the property to someone else 
during your lifetime.  If you do not own any interest in the property when you die, this deed 
will have no effect.
How do I make a TOD deed? Complete this form.  You may use this template to create 
a TOD deed but be aware that the registry of deeds of each Maine county has specific 
requirements for a document to be accepted for recording, including requirements related 
to the top, bottom and side margins.  Have it the TOD acknowledged before a notary public 
or other individual authorized by law to take acknowledgments.  Record the form TOD 
deed in each county where any part of the property is located.  The form TOD deed has no 
effect unless it is acknowledged and recorded before your death.
Is the "legal description" of the property necessary? Yes.
How do I find the "legal description" of the property? This information may be on the 
deed you received when you became an owner of the property.  This information may also 
be available in the registry of deeds for the county where the property is located.  If you are 
not absolutely sure, consult a lawyer.
What is the proper form for the required acknowledgment of signatures on the TOD 
deed?  Forms of acknowledgment may be found in Title 33, section 775 of the Maine 
Revised Statutes.  You may also consult a notary public or a lawyer for the proper form of 
an acknowledgment.
Can I change my mind before I record the TOD deed? Yes.  If you have not yet recorded 
the deed and want to change your mind, simply tear up or otherwise destroy the TOD deed.
How do I "record" the TOD deed? Take the completed and acknowledged form TOD 
deed to the registry of deeds of the county where the property is located.  Follow the 
instructions given by the register of deeds to make the form TOD deed part of the official 
property records.  If the property is in more than one county, you should record the TOD 
deed in each county.
Can I later revoke the TOD deed if I change my mind? Yes.  You can revoke the TOD 
deed.  No one, including the beneficiaries, can prevent you from revoking the TOD deed.
How do I revoke the TOD deed after it is recorded? There are three ways to revoke a 
recorded TOD deed:  (1) Complete and acknowledge a revocation form, and record it in 
each county where the property is located.  (2) Complete and acknowledge a new TOD 
deed that disposes of the same property, and record it in each county where the property is 
located.  (3) Transfer the property to someone else during your lifetime by a recorded deed 
that expressly revokes the TOD deed.  You may not revoke the TOD deed by will.
I am being pressured to complete this form make a TOD deed.  What should I do? Do 
not complete this form make a TOD deed under pressure.  Seek help from a trusted family 
member, friend, or lawyer.
Do I need to tell the beneficiaries about the TOD deed? No, but it is recommended.  
Secrecy can cause later complications and might make it easier for others to commit fraud.
I have other questions about this form template.  What should I do? This form template 
TOD deed is designed to fit some but not all situations.  If you have other questions, you 
are encouraged to consult a lawyer.
Sec. 16.  18-C MRSA §6-418, as enacted by PL 2017, c. 402, Pt. A, §2 and affected 
by PL 2019, c. 417, Pt. B, §14, is amended to read:
§6-418.  Optional form of template for revocation
The following form template may be used to create an instrument of revocation under 
this Part.  This template is not intended to be printed and recorded in its current format.  
The other sections of this Part govern the effect of this or any other instrument used to 
revoke a transfer on death deed.
(front of form)
REVOCATION OF TRANSFER ON DEATH DEED
NOTICE TO OWNER
You should carefully read the "Common Questions about the Use of this Template" 
before using this template to revoke a transfer on death deed.  YOU ARE ENCOURAGED 
TO CONSULT A LAWYER BEFORE USING THIS TEMPLATE.
This A revocation must be recorded before you die or it will not be effective.  This A 
revocation is effective only as to the interests in the property of owners who sign this the 
revocation.
IDENTIFYING INFORMATION
Owner or Owners of Property Making This Revocation:
............................................................
............................................................................................
Printed name..........................................Mailing address
............................................................................................
Printed name..........................................Mailing address
Legal description of the property:
........................................................................................................................
REVOCATION
I revoke all my previous transfers of this property by transfer on death deed.
SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
............................................................
(SEAL, if any).....................................
Signature.................................................Date...............
............................................................
(SEAL, if any).....................................
Signature.................................................Date...............
ACKNOWLEDGMENT
(insert acknowledgment)
(back of form)
COMMON QUESTIONS ABOUT THE USE OF THIS FORM TEMPLATE
How do I use this form template to revoke a Transfer on Death (TOD) deed? Complete 
this form.  You may use this template to create a revocation but be aware that the registry 
of deeds of each Maine county has specific requirements for a document to be accepted for 
recording, including requirements related to the top, bottom and side margins.  Have it the 
revocation acknowledged before a notary public or other individual authorized to take 
acknowledgments.  Record the form revocation in the public records in the registry of deeds 
of each county where the property is located.  The form revocation must be acknowledged 
and recorded before your death or it has no effect.
How do I find the "legal description" of the property? This information may be on the 
TOD deed.  It may also be available in the registry of deeds for the county where the 
property is located.  If you are not absolutely sure, consult a lawyer.
What is the proper form for the required acknowledgment of signatures on the 
revocation?  Forms of acknowledgment may be found in Title 33, section 775 of the Maine 
Revised Statutes.  You may also consult a notary public or a lawyer for the proper form of 
an acknowledgment.
How do I "record" the form revocation? Take the completed and acknowledged form 
revocation to the registry of deeds of the county where the property is located.  Follow the 
instructions given by the register of deeds to make the form revocation part of the official 
property records.  If the property is located in more than one county, you should record the 
form revocation in each of those counties.
I am being pressured to complete this form revoke a TOD deed.  What should I do? Do 
not complete this form revoke a TOD deed under pressure.  Seek help from a trusted family 
member, friend, or lawyer.
I have other questions about this form template.  What should I do? This form template 
is designed to fit some but not all situations.  If you have other questions, you are 
encouraged to consult a lawyer.
Sec. 17.  Retroactivity. Those sections of this Act that amend the Maine Revised 
Statutes, Title 18-C, section 5-308, subsection 4; section 5-409, subsection 4; and section 
5-511, subsection 4 apply retroactively to January 1, 2023.
SUMMARY
This bill, which amends the Maine Uniform Probate Code and related provisions of 
law, is proposed by the Probate and Trust Law Advisory Commission pursuant to the Maine 
Revised Statutes, Title 18-C, section 1-803, subsection 2.
Under current law, if a judge of probate or register of probate has an interest in an 
estate, the estate must be transferred to and settled in the probate court in an adjoining 
county.  This bill provides that, if there are fewer than 4 counties adjoining the county of 
the probate court in which the conflict of interest arises, the estate must be transferred to 
any one of the 4 county probate courts that are nearest to the probate court of the 
transferring county. 
The bill provides that, when a petition for an elective share indicating that the decedent 
owned real estate has been filed, the register of probate must record in the registry of deeds 
an abstract of the petition for an elective share and not the entire petition.
The bill requires the register of probate to notify the decedent's devisees and heirs, 
within 30 days after the filing of an application for the appointment of a personal 
representative, of the right of a surviving spouse to demand an elective share and the time 
limit for making such an election and of the rights of a surviving spouse and children to the 
homestead allowance, to exempt property and to the family allowance.
The bill provides that the homestead allowance, exempt property and family allowance 
have priority over all claims against an estate except for reasonable funeral expenses and 
administrative expenses; that a testator may expressly provide that the benefit or share 
passing to a surviving spouse or children through a will is intended to be made in lieu of 
the homestead allowance, exempt property or family allowance; and that the personal 
representative has the duty to promptly pay the homestead allowance, exempt property and 
family allowance from available assets, without requiring any demand by the surviving 
spouse or children.
The bill authorizes the filing of informal testacy proceedings more than 3 years after a 
decedent's death in the same circumstances in which formal testacy proceedings may be 
filed more than 3 years after the decedent's death under current law.
The bill further delays until January 1, 2025 the effective date of the statutes governing 
the confidentiality of proceedings for guardianships of adults, conservatorships and other 
protective arrangements.  These statutes currently have an effective date of January 1, 2023.  
The January 1, 2023 effective date was established by Public Law 2021, chapter 4 and was 
designed to give the Supreme Judicial Court time to address the confidentiality of all court 
records and then give the commission an opportunity to propose amendments to these 
statutes to ensure consistency with provisions adopted by the Supreme Judicial Court.   The 
Supreme Judicial Court adopted the Maine Rules of Electronic Court Systems with an 
effective date of August 21, 2020, and these rules contain extensive provisions governing 
the confidentiality of records filed with the Supreme Judicial Court, the Superior Court and 
the District Court. The Supreme Judicial Court has not yet had an opportunity to consider 
rules governing confidentiality of records filed with the probate courts. This bill further 
delays the effective date of these confidentiality statutes to January 1, 2025 to provide 
additional time for the Supreme Judicial Court, in conjunction with the commission and 
the Advisory Committee on Probate Procedure Rules, to complete its review and approval 
of rules governing confidentiality of records in the probate courts.  Because this bill will 
not take effect before January 1, 2023, these changes are made retroactive to January 1, 
2023.
The bill clarifies that the statutory forms for a transfer on death deed and for the 
revocation of a transfer on death deed are intended to be used as templates for the creation 
of these instruments, preferably with the assistance of a lawyer, and not as fill-in-the-blank 
documents. Maine's registers of deeds have encountered situations in which individuals 
take screen shots of the statutory form for a transfer on death deed, print them out, fill in 
the blanks and bring them to registries of deeds for recording. Printed screen shots of the 
statutory form do not meet the margin requirements for recording and often fail to contain 
the required legal description of the property.