reglab/housing_qa huggingface dataset:
18-C ME Rev Stat § 3-612 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 6: PERSONAL REPRESENTATIVE: APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY|18-C §3-612. Termination of appointment; change of testacy status

 §3-612. Termination of appointment; change of testacy status Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will that is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to the appointment of the personal representative under the will, does not terminate the appointment of the personal representative although the personal representative's powers may be reduced as provided in section 3-401. Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to appointment under the later assumption concerning testacy. If no request for new appointment is made within 30 days after expiration of time for appeal from the order in formal testacy proceedings, or from the informal probate, changing the assumption concerning testacy, the previously appointed personal representative upon request may be appointed personal representative under the subsequently probated will, or as in intestacy as the case may be.   [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 § 3-613 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 6: PERSONAL REPRESENTATIVE: APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY|18-C §3-613. Successor personal representative

 §3-613. Successor personal representative Parts 3 and 4 of this Article govern proceedings for appointment of a personal representative to succeed a personal representative whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, process or claim that was given or served upon the former personal representative need be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. Except as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration that the former personal representative would have had if the appointment had not been terminated.   [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 § 3-614 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 6: PERSONAL REPRESENTATIVE: APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY|18-C §3-614. Special administrator; appointment

 §3-614. Special administrator; appointment A special administrator may be appointed:   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]1.  Informal proceedings.  Informally by the register on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in section 3-609; and   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Formal proceedings.  In a formal proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice.   [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 § 3-615 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 6: PERSONAL REPRESENTATIVE: APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY|18-C §3-615. Special administrator; who may be appointed

 §3-615. Special administrator; who may be appointed 1.  Named executor, if available.  If a special administrator is to be appointed pending the probate of a will that is the subject of a pending application or petition for probate, the person named executor in the will must be appointed if available and qualified.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Any proper person.  In cases other than those set out in subsection 1, any proper person may be appointed special administrator.   [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 § 3-616 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 6: PERSONAL REPRESENTATIVE: APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY|18-C §3-616. Special administrator; appointed informally; powers and duties

 §3-616. Special administrator; appointed informally; powers and duties A special administrator appointed by the register in informal proceedings pursuant to section 3-614, subsection 1 has the duty to collect and manage the assets of the estate, to preserve them, to account for them and to deliver them to the general personal representative upon the general personal representative's qualification. The special administrator has the power of a personal representative under the Code necessary to perform the special administrator's duties.   [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 § 3-617 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 6: PERSONAL REPRESENTATIVE: APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY|18-C §3-617. Special administrator; formal proceedings; power and duties

 §3-617. Special administrator; formal proceedings; power and duties A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts or on other terms as the court may direct.   [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 § 3-618 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 6: PERSONAL REPRESENTATIVE: APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY|18-C §3-618. Termination of appointment; special administrator

 §3-618. Termination of appointment; special administrator The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in sections 3-608 to 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 § 3-701 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 7: DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|18-C §3-701. Time of accrual of duties and powers

 §3-701. Time of accrual of duties and powers The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed that are beneficial to the estate occurring prior to appointment the same effect as those occurring after appointment. Subject to the priorities of Title 22, section 2843-A, prior to appointment, a person named executor in a will may carry out written instructions of the decedent relating to the decedent's body, funeral and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative.   [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 § 3-702 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 7: DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|18-C §3-702. Priority among different letters

 §3-702. Priority among different letters A person to whom general letters are first issued has exclusive authority under the letters until that person's appointment is terminated or modified. If through error general letters are later issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment.   [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 § 3-704 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 7: DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|18-C §3-704. Personal representative to proceed without court order; exception

 §3-704. Personal representative to proceed without court order; exception A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order or direction of the court, but the personal representative may invoke the jurisdiction of the court in proceedings authorized by this Code to resolve questions concerning the estate or its administration.   [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 § 3-705 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 7: DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|18-C §3-705. Duty of personal representative; information to heirs and devisees

 §3-705. Duty of personal representative; information to heirs and devisees Not later than 30 days after appointment every personal representative, except any special administrator, shall give information of the appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application for appointment of a personal representative. The information must be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the personal representative. The duty does not extend to require information to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The information must include a statement that the estate is being administered by the personal representative under the Code without supervision by the court but that recipients are entitled to information regarding the administration from the personal representative and may petition the court in any matter relating to the estate, including distribution of assets and expenses of administration. The information must include the name and address of the personal representative, indicate that it is being sent to persons who have or may have some interest in the estate being administered, indicate whether bond has been filed and describe the court where papers relating to the estate are on file. The personal representative's failure to give this information is a breach of duty to the persons concerned but does not affect the validity of the personal representative's appointment, powers or other duties. A personal representative may inform other persons of the personal representative's appointment by delivery or ordinary first class mail.   [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 § 3-706 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 7: DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|18-C §3-706. Duty of personal representative; inventory and appraisal

 §3-706. Duty of personal representative; inventory and appraisal 1.  Duty to file or mail inventory.  Within 3 months after appointment, a personal representative who is not a special administrator or a successor to another personal representative who has previously discharged this duty shall prepare and file with the court or mail to all interested persons who request it an inventory of property owned by the decedent at the time of death, listing it with reasonable detail and indicating as to each listed item its fair market value as of the date of the decedent's death and the type and amount of any encumbrance that may exist with reference to any item. The inventory must also include a schedule of credits of the decedent, with the names of the obligors, the amounts due, a description of the nature of the obligation and the amount of all such credits, exclusive of expenses and risk of settlement or collection.   [PL 2019, c. 598, §3 (AMD).] 2.  Inventory furnished on request.  If the personal representative filed the inventory with the court pursuant to subsection 1, the personal representative shall furnish the inventory to interested persons who request it. If the personal representative mailed the inventory to all interested persons who requested it pursuant to subsection 1, the personal representative may also file the inventory with the court.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 3.  Failure to file, mail or furnish inventory; missing property.  When an inventory has not been filed, mailed or furnished as required under subsection 1 or 2 and an interested party makes a prima facie case that property that should have been inventoried is now missing, the personal representative has the burden of proving by a preponderance of the evidence that the specific property would properly be excluded from the inventory.   [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). PL 2019, c. 598, §3 (AMD).
18-C ME Rev Stat § 3-707 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 7: DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|18-C §3-707. Employment of appraisers

 §3-707. Employment of appraisers The personal representative may employ a qualified and disinterested appraiser to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser must be indicated on the inventory with the item or items appraised.   [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 § 3-708 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 7: DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|18-C §3-708. Duty of personal representative; supplementary inventory

 §3-708. Duty of personal representative; supplementary inventory If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the personal representative shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file the supplementary inventory or appraisement with the court or mail or furnish copies of the supplementary inventory or appraisement or information about the supplementary inventory or appraisement to persons interested in the new information.   [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 § 3-709 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 7: DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|18-C §3-709. Duty of personal representative; possession of estate

 §3-709. Duty of personal representative; possession of estate Except as otherwise provided by a decedent's will, every personal representative has a right to and shall take possession or control of the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled to it until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence in any action against the heir or devisee for possession of the property that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on and take all steps reasonably necessary for the management, protection and preservation of the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of property or to determine the title of the property.   [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 § 3-710 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 7: DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|18-C §3-710. Power to avoid transfers

 §3-710. Power to avoid transfers The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means that is in law void or voidable as against the decedent's creditors, and, subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative. The personal representative is not required to institute such an action unless requested by creditors, who must pay or secure the cost and expenses of litigation.   [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 § 3-711 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 7: DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|18-C §3-711. Powers of personal representatives; in general

 §3-711. Powers of personal representatives; in general Until termination of the personal representative's appointment, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing or order of court, except as limited by this section. The personal representative may not sell or transfer any interest in real property of the estate without giving notice at least 10 days prior to that sale or transfer to any person succeeding to an interest in that property, unless the personal representative is authorized under the will to sell or transfer real estate without this notice.   [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 § 3-712 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 7: DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|18-C §3-712. Improper exercise of power; breach of fiduciary duty

 §3-712. Improper exercise of power; breach of fiduciary duty If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of the personal representative's fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative must be determined as provided in sections 3-713 and 3-714.   [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 § 3-713 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 3: PROBATE OF WILLS AND ADMINISTRATION|Part 7: DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|18-C §3-713. Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions

 §3-713. Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions Any sale or encumbrance to the personal representative, the personal representative's spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction that is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except a person who has consented after fair disclosure, unless:   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]1.  Express authorization by decedent.  The will or a contract entered into by the decedent expressly authorized the transaction; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Court approval.  The transaction is approved by the court after notice to interested persons.   [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).