130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 124
S.P. 56 In Senate, January 21, 2021
An Act To Clarify the Law Concerning the Priority of Appointment
of Personal Representatives under the Maine Uniform Probate Code
Received by the Secretary of the Senate on January 19, 2021. Referred to the Committee
on Judiciary pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CYRWAY of Kennebec.
Printed on recycled paper
1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 18-C MRSA §3-203, sub-§1, ¶E, as enacted by PL 2017, c. 402, Pt. A, §2
3 and affected by PL 2019, c. 417, Pt. B, §14, is repealed.
4 Sec. 2. 18-C MRSA §3-203, sub-§1, ¶F-1 is enacted to read:
5 F-1. The surviving domestic partner of the decedent;
6 Sec. 3. 18-C MRSA §3-203, sub-§3, as enacted by PL 2017, c. 402, Pt. A, §2 and
7 affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
8 3. Nomination and renunciation. A person entitled to letters under subsection 1,
9 paragraphs B to F F-1 may nominate a qualified person to act as personal representative.
10 Any person may renounce the person's right to nominate or to an appointment by
11 appropriate writing filed with the court. When 2 or more persons share a priority, those of
12 them who do not renounce must concur in nominating another to act for them or in applying
13 for appointment.
14 SUMMARY
15 This bill provides that in the absence of a will, heirs of a decedent have priority over
16 the surviving domestic partner of the decedent for the purpose of appointment of a personal
17 representative under the Maine Uniform Probate Code.
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