reglab/housing_qa huggingface dataset:
18-C ME Rev Stat § 3-310 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 3: INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|18-C §3-310. Informal appointment proceedings; notice requirements

 §3-310. Informal appointment proceedings; notice requirements The moving party shall give notice as described by section 1‑401 of the moving party's intention to seek an appointment informally to:   [PL 2019, c. 598, §2 (NEW).]1.  Person demanding notice.  Any person demanding notice pursuant to section 3‑204;   [PL 2019, c. 598, §2 (NEW).] 2.  Heir or devisee.  An heir or devisee who has not waived notice in writing and filed with the court; and   [PL 2019, c. 598, §2 (NEW).] 3.  Person having right to appointment.  Any person having a prior or equal right to appointment not waived in writing and filed with the court.   [PL 2019, c. 598, §2 (NEW).] If the decedent was 55 years of age or older, the moving party shall give notice as described in section 1‑401 to the Department of Health and Human Services. No other notice of an informal appointment proceeding is required.   [PL 2019, c. 598, §2 (NEW).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2019, c. 598, §2 (RPR).
18-C ME Rev Stat § 3-311 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 3: INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS|18-C §3-311. Informal appointment unavailable in certain cases

 §3-311. Informal appointment unavailable in certain cases If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument that may relate to property subject to the laws of this State and that is not filed for probate in the court, the register must decline the application.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 3-401 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 4: FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|18-C §3-401. Formal testacy proceedings; nature; when commenced

 §3-401. Formal testacy proceedings; nature; when commenced A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 3-402, subsection 1 in which the petitioner requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will that is the subject of a pending application, or a petition in accordance with section 3-402, subsection 2 for an order that the decedent died intestate.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]During the pendency of a formal testacy proceeding, the register may not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from making any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of the office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 3-402 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 4: FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|18-C §3-402. Formal testacy or appointment proceedings; petition; contents

 §3-402. Formal testacy or appointment proceedings; petition; contents 1.  Petition for formal probate of a will; contents.  Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the court, request a judicial order after notice and hearing, contain further statements as indicated in this section and contain such other information and be in such form as the Supreme Judicial Court may by rule provide. A petition for formal probate of a will must:   A. Request an order as to the testacy of the decedent in relation to a particular instrument that may or may not have been informally probated and determining the heirs;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]B. Contain the statements required for informal applications as stated in section 3-301, subsection 1, paragraph A, subparagraphs (1) to (4) and the statements required by section 3‑301, subsection 1, paragraph B, subparagraphs (2) and (3); and   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]C. State whether the original of the last will of the decedent is in the possession of the court or accompanies the petition.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]If the original will is neither in the possession of the court nor accompanies the petition and no authenticated copy of a will probated in another jurisdiction accompanies the petition, the petition also must state the contents of the will and indicate that it is lost, destroyed or otherwise unavailable.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Relief requested.  A petition for adjudication of intestacy and appointment of an administrator in intestacy must request a judicial finding and order that the decedent left no will and determining the heirs, contain the statements required by section 3-301, subsection 1, paragraphs A and D, indicate whether supervised administration is sought and contain such other information and be in such form as the Supreme Judicial Court may by rule provide. A petition may request an order determining intestacy and heirs without requesting the appointment of an administrator, in which case the statements required by section 3-301, subsection 1, paragraph D, subparagraph (2) may be omitted.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 3-403 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 4: FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|18-C §3-403. Formal testacy proceeding; notice of hearing on petition

 §3-403. Formal testacy proceeding; notice of hearing on petition 1.  Notice of hearing on petition for formal probate of a will.  Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice must be given in the manner prescribed by section 1-401 by the petitioner to the persons enumerated in this subsection and to any additional person who has filed a demand for notice under section 3-204.   Notice must be given to the following persons: the surviving spouse, children and other heirs of the decedent, the devisees and executors named in any will that is being, or has been, probated or offered for informal or formal probate in the county or that is known by the petitioner to have been probated or offered for informal or formal probate elsewhere and any personal representative of the decedent whose appointment has not been terminated. If the decedent was 55 years of age or older, the petitioner shall give notice as described in section 1-401 to the Department of Health and Human Services. Notice may be given to other persons. In addition, the petitioner shall give notice by publication to all unknown persons and to all known persons whose addresses are unknown who have any interest in the matters being litigated.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Additional notice when death in doubt.  If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the notice of the hearing on the petition must be sent by registered mail to the alleged decedent at the alleged decedent's last known address. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including any of the following methods:   A. By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]B. By notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent; and   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]C. By engaging the services of an investigator. The costs of any search directed by the court must be paid by the petitioner if there is no administration or by the estate of the decedent if there is administration.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).][PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 3-404 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 4: FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|18-C §3-404. Formal testacy proceedings; written objections to probate

 §3-404. Formal testacy proceedings; written objections to probate Any party to a formal proceeding who opposes the probate of a will for any reason shall state in that party's pleadings that party's objections to probate of the will.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 3-405 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 4: FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|18-C §3-405. Formal testacy proceedings; uncontested cases; hearings and proof

 §3-405. Formal testacy proceedings; uncontested cases; hearings and proof If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 3-409 have been met or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit or testimony of one of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 3-406 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 4: FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|18-C §3-406. Formal testacy proceedings; contested cases

 §3-406. Formal testacy proceedings; contested cases In a contested case in which the proper execution of a will is at issue:   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]1.  Self-proved will; witness not required.  If the will is self-proved pursuant to section 2-503, the will satisfies the requirements for execution without the testimony of any attesting witness upon the filing of the will and the acknowledgment and affidavits annexed or attached to it, unless there is evidence of fraud or forgery affecting the acknowledgment or affidavit; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Will not notarized; attesting witness required.  If the will is witnessed pursuant to section 2‑502, subsection 1, paragraph C but not notarized or self-proved, the testimony of at least one of the attesting witnesses is required to establish proper execution if the witness is within this State, competent and able to testify. Proper execution may be established by other evidence, including an affidavit of an attesting witness. An attestation clause that is signed by the attesting witnesses raises a rebuttable presumption that the events recited in the clause occurred.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 3-407 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 4: FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|18-C §3-407. Formal testacy proceedings; burdens in contested cases

 §3-407. Formal testacy proceedings; burdens in contested cases In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases and, if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake or revocation. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof. If a will is opposed by the petition for probate of a later will revoking the former, it must be determined first whether the later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy, it must be determined first whether the will is entitled to probate.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 3-408 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 4: FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|18-C §3-408. Formal testacy proceedings; will construction; effect of final order in another jurisdiction

 §3-408. Formal testacy proceedings; will construction; effect of final order in another jurisdiction A final order of a court of another state determining testacy or the validity or construction of a will made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this State if it includes or is based upon a finding that the decedent at death was domiciled in the state where the order was made.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 3-409 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 4: FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|18-C §3-409. Formal testacy proceedings; order; foreign will

 §3-409. Formal testacy proceedings; order; foreign will After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was commenced within the limitation prescribed by section 3-108, the court shall determine the decedent's domicile at death, heirs and state of testacy. Any will found to be valid and unrevoked must be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by section 3-612. The petition must be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a foreign jurisdiction, including a place that does not provide for probate of a will after death, may be proved for probate in this State by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 3-410 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 4: FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|18-C §3-410. Formal testacy proceedings; probate of more than one instrument

 §3-410. Formal testacy proceedings; probate of more than one instrument If 2 or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions that work a total revocation by implication. If more than one instrument is probated, the order must indicate what provisions control in respect to the nomination of an executor, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of section 3-412.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 3-411 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 4: FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|18-C §3-411. Formal testacy proceedings; partial intestacy

 §3-411. Formal testacy proceedings; partial intestacy If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 3-413 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 4: FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|18-C §3-413. Formal testacy proceedings; vacation of order for other cause

 §3-413. Formal testacy proceedings; vacation of order for other cause For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 3-414 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 4: FORMAL TESTACY AND APPOINTMENT PROCEEDINGS|18-C §3-414. Formal proceedings concerning appointment of personal representative

 §3-414. Formal proceedings concerning appointment of personal representative 1.  Formal proceeding for appointment of personal representative.  A formal proceeding for adjudication regarding the priority or qualification of a person who is an applicant for appointment as personal representative, or of a person who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy of the decedent is or may be involved, is governed by section 3-402 as well as by this section. In other cases, the petition must contain or adopt the statements required by section 3‑301, subsection 1, paragraph A and describe the question relating to priority or qualification of the personal representative that is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously appointed personal representative, after receipt of notice, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Notice and decision.  After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative and any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under section 3-203, make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under section 3-611.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 3-501 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 5: SUPERVISED ADMINISTRATION|18-C §3-501. Supervised administration; nature of proceeding

 §3-501. Supervised administration; nature of proceeding Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court that extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to the interested parties, and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. Except as otherwise provided in this Part, or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).