An Act to Amend the
Maine Legislature, Session 132, LD 1440
Committee Amendment CA_A_H200 (House)
Amends: 4 MRSA §202

COMMITTEE AMENDMENT "A" to H.P. 949, L.D. 1440, "An Act to Amend the 
Maine Uniform Probate Code" 
. 
Amend the bill by inserting after section 7 the following: 
'Sec. 8. Maine Comments. Comments submitted by the Probate and Trust Law 
Advisory Commission are acknowledged by the Legislature as Maine Comments, and the 
Reviser of Statutes shall submit the comments for inclusion in the publication of the Maine 
Revised Statutes Annotated.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment acknowledges the following Maine Comments to the Maine Uniform 
Probate Code, as amended by the bill, that were submitted by the Probate and Trust Law 
Advisory Commission. 
Maine Comment for Title 18-C, section 2-201, sub-§3 
The definition of "marriage" is consistent with the Maine Uniform Probate Code's 
definition of "spouse" and, as such, the definition clarifies that a surviving registered 
domestic partner and a surviving member of a legal union that was validly formed in any 
state or jurisdiction and that provides substantially the same rights, benefits and 
responsibilities as a marriage, have elective share rights under Part 2· of Article 2 of the 
Maine Uniform Probate Code. 
Maine Comment for Title 18-C, section 3-108, sub-§1, ,in 
Section . 3-108(D) prohibits the presentation of claims other than expenses of 
administration. The homestead allowance (§2-402), exempt property (§2-403), and the 
family allowance (§2-404) are all referred to under Part 4 of Article 2 as "rights" and as 
COMMITTEE AMENDMENT 
~<:)S 
COMMITTEE AMENDMENT 'A" to H.P. 949, L.D. 1440 . 
payments to which a surviving spouse or minor dependent children are "entitled." As such, 
the homestead allowance, exempt property, and the family allowance are.not properly· 
classified as claims. However, because a personal representative appointed under 
§3-108(D) "has no right to possess estate assets ... beyond that necessary to confirm title 
in the successors to the esui,te,
the section now makes clear. that the homestead allowance, 
exempt property, and the family allowance are not intended to be, and should not be, paid 
by a personal representative appointed under §3-108(D). 
Maine Comment for Title 18-C, section 3-203, sub-§1, ,iE 
A non-registered domestic partner is removed from the list of persons with priority for 
appointment as personal representative. 
Maine Comment for Title 18-C, section 9-202, sub-§9 
Section 9-202(8) requires a parent who is outside the State of Maine to provide a 
surrender and release or a consent by appearing before a court of comparable jurisdiction 
in the state where the parent resides (temporarily or pennanently). However, some states 
do not require that a surrender and release or a consent be signed after appearing before a 
court. Rather, some states merely require that the surrender and release or consent be.signed 
before a notary. As a result, a parent, who resides in a state that does not have a court 
procedure for advising the parent of the consequences of the surrender and release or 
consent, faced an impediment that previous Maine law did not acc01mnodate. 
Section 9-202(9) provides a procedure for ·a parent who resides outside the State of 
Maine to provide a surrender and release or a consent that complies with Maine law when 
the law of the state where the parent resides does not have a procedure that enables the 
parent to comply with the requirements of §9-202(8). The parent may, after motion and 
approval ·by the Maine court with jurisdiction over the proceeding, appear before the Maine 
court by video conference for approval of the parent's surrender and release or consent. 
See also, Title 4 MRSA §202. 
COMMITTEE AMENDMENT