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Me. Rev. Stat. tit. 18-C, § 3-308

Informal appointment proceedings; proof and findings required

PL 2017, c. 402, Pt

1. Informal appointment proceedings; proof and findings required. In informal appointment proceedings, the register shall determine whether:

A. The application for informal appointment of a personal representative is complete;

B. The applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief;

C. The applicant appears from the application to be an interested person as defined in section 1-201, subsection 26;

D. On the basis of the statements in the application, venue is proper;

E. Any will to which the requested appointment relates has been formally or informally probated, but this requirement does not apply to the appointment of a special administrator;

F. Any notice required by section 3-204 has been given; and

G. From the statements in the application, the person whose appointment is sought has priority entitling the applicant to the appointment.

2. Denial. Unless section 3-612 controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in section 3-610, subsection 3 has been appointed in this or another county of this State; that, unless the applicant is the domiciliary personal representative or the nominee, the decedent was not domiciled in this State and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile; or that other requirements of this section have not been met.

Official source: Maine Legislature. Reproduced from public-domain Maine statutes; confirm against the official source for the current text. Not legal advice.