An Act to Update
Maine Legislature, Session 132, LD 0505
Committee Amendment CA_A_S179 (Senate)
Amends: 18-C MRSA §1, 18-C MRSA §5, 18-C MRSA §9

COMMITTEE AMENDMENT "A" to S.P. 223, L.D. 505, "An Act to Update 
Processes and Fees in the Pl'Obate Court System" 
Amend the bill by striking out all of sections l, 2 and 3. 
Amend the bill in section 4 in § 1-602 in the first line (page I, line 41 in L.D.) by 
inserting after the following: 
11fees
the following: 
; exception' 
Amend the bill in section 4 in § 1-602 in. the first indented paragraph in the first line 
(page 2, line 1 in L.D.) by inserting after the following: "li" the following: 'and except 
when the court grants a motion to proceed in forma pauperis under the Maine Rules of 
Probate Procedure. Rule 91
Amend the bill in section 4 in § 1-602 in the first indented paragraph in the last line 
(page 2, line 2 in L.D.) by inserting after the following: 
11documents.
the following: 'The 
register shall ensure that copies of the in fonna pauperis a,t1plication and affidavit required 
by the Maine Rules of Probate Procedure. Rule 91 are available to parties making requests 
as described in this section.' 
Amend the bill by striking out all of sections 5 and 6 and inserting the following: 
'Sec. 5. 18-C MRSA § 1-607, sub-§ 1, 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. Surcha1·ge; exception. In addition to any other fees required by law, a register 
shall collect a surcharge of$-W $15 per petition, application or complaint, except for name 
changes, filed in the court unless the court grants a motion to proceed in fonna pauperis 
under the Maine Rules of Probate Procedure, Rule 91. The register shall ensure that copies 
of the in forma pauperis application and· affidavit reguired by the Maine Rules of Probate 
Procedure. Rule 91 are available to parties filing petitions, applications or complaints in 
the court. 
Sec. 6. 18-C MRSA §1-701, sub-§4, as amended by PL 2021, c. 250, §2, is further 
amended to read: 
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Page I • 132LR0934(02) 
COMMITTEE AMENDMENT 
f>...OS 
l 
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COMMIHEE AMENDMENT" p, .. to S.P. 223, L.D. SOS ( !:, \/~ 
4. Filing fee. The fee for filing a name change petition is ~ 
$90 unless the court 
grants a motion to proceed in forma pauperis under the.Maine Rules of Probate Procedure. 
Rule 9 I. The register shall ensure that copies of the in forma pauperis application and 
affidavit required by the Maine Rules of Probate Procedure, Rule 91 are available to 
persons filing name change petitions with the court.' 
Amend the bill by inserting after section 7 the following: 
'Sec. 8. 18-C MRSA §5-304, sub-§5 is enacted to read: 
5. Quasi-judicial immunity, A person appointed by the court as a visitor acts as the 
court's agent and is entitled to quasi-judicial immunity for acts performed within the scope 
of the duties of the visitor.' 
Amend the bill by inserting afte1· section 8 the following: 
'Sec. 9. 18-C MRSA §5-506, sub-§6 is enacted to read: 
6. Quasi-judicial immunity. A person appointed by the court as a visitor acts as the 
court's agent and is entitled to quasi-judicial immunity for acts performed within the scope 
of the duties of the visitor.' 
Amend the bill by striking out all of sections 10 and 11 and inserting the following: 
'Sec. 10, 18-C MRSA §9-301, first ,r, as enacted by PL 2017, c. 402, Pt. A, §2 and. 
affected by PL 2019, c. 417, Pt. B, § 14, is amended to l'ead:· 
Spouses or unmarried persons jointly or an unmarried person, whether resident or 
nonresident of the State, may petition the court to adopt a person, regardless of age,. and to 
change that person's name. The fee _for filing the petition is $65 plus $75 unless the court 
grants a motion to proceed in forma pauperis under the Maine Rules of Probate Procedure. 
Rule 91. The register shall ensure that copies of the in forma pauperis application and 
affidavit required by the Maine Rules of Probate Procedure. Rule 91 are available to 
persons filing petitions for adoption. If the court has not granted a motion to proceed in 
forma pauperis. in addition to the filing fee. the petitioner or petitioners must pay: 
Sec, 11. 18-C MRSA §9-312, as enacted by PL 2017, c. 402, Pt. A, §2 and affected 
by Pt. F, §1 and PL 2019, c. 417, Pt. B, §14, is amended to read: 
§9~312. Foreign adoptions 
lf an adoption in a foreign country has been finalized and the adopting parents are 
seeking an adoption under the laws of this State to give recognition to the foreign adoption, 
a court may enter a decree of adoption based solely upon a judgment of adoption in a 
foreign country and may order a change of name if requested by the adopting parents. The 
fee for filing the petition is ~ 
$70 unless the court grants a motion to proceed in fon11a 
pauperis under the Maine Rules of Probate ·Procedure, Rule 9 l. The register shall ensure 
that copies of the in fonna pauperis application and affidavit required by the Maine Rules 
of Probate Procedure. Rule 91 are available to parties filing petitions under this section. 
Sec, 12. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Office of Aging and Disability Sel'vices Adult Protective Services Z040 
COMMITTEE AMENDMENT 
r<-OS 
l l 
COMMl'ITEE AMENDMENT" A" lo S.P. 223, L.D. 505 ( S--\ 1~ 
Initiative: Provides funding for increased probate court filing fees. 
GENERAL FUND 
2025-26 
All Other 
$28,168 
GENERAL FUND TOTAL 
$28,168 
2026-27 
$32,448 
$32,448 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, makes the following 
changes to the bill. 
1. It removes the provision of the bill requiring that the filing fees throughout the Maine 
Uniform Probate Code must be automatically adjusted for inflation after 2025. 
2. It clarifies that parties subject to filing fees under the Maine Uniform Probate Code 
must be provided an opportunity to file a motion under the Maine Rules of Probate 
Procedure, Rule 91 for waiver of those fees and requires registers to cnsm·e that copies of 
the application and affidavit required to file a motion under Rule 91 are made available to 
all persons who may be subject to a filing fee. 
3. It removes the provision of the bill requiring parties that file a petition, motion or 
other document with a probate court that is created with the assistance of artificial 
intelligence technology to verify the accuracy of the petition, motion or other document 
and authorizing the imposition of sanctions on parties that violate this requirement. 
The amendment also clarifies that a visitor appointed by a probate court in a 
guardianship or other protective arrangement proceeding is entitled to quasHudicial 
immunity for acts performed within the scope of the visitor's duties. Under the bill, only 
visitors appointed by a probate court in conservatorship proceedings are entitled to quasi-
judicial immunity fo1· acts perfonned within the scope of the visitor's duties. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Appt·oved: 03/27/25 LRL 
LD505 
LR934(02) 
An Act to Update Processes and Fees in the Probate Court System 
Fiscal Note fot· Bill as Amended by Committee Amendment ''Af.$,. \7C{,' 
Committee: Judiciary 
') 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2025-26 
FY 2026-27 
$28,168 
$32,448 
$28,168 
$32,448 
Projections 
FY 2027-28 
$37,378 
$37,378 
Projections 
FY 2028-29 
$43,058 
$43,058 
The bill includes General Fund appropriations to the Department of Health and H\11nan Services of $28,168 in fiscal 
year 2025-26 and $32,448 in fiscal year 2026-27 for increased filing fees in the probate court system. 
LR0934(02) - Fiscal Note - Page 1 of 1