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PUBLIC LAWS OF MAINE
First Regular Session of the 118th

CHAPTER 18

S.P. 138 - L.D. 417

An Act to Amend the Fee Schedule for Probate Filings

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 18-A MRSA §1-602, as amended by PL 1993, c. 148, §§3 and 4, is further amended to read:

§1-602. Filing and certification fees

     The register of probate receives the following fees for filing or certifying documents:

     (1) For making and certifying to the register of deeds copies of devises of real estate, abstracts of petitions for appointment of a personal representative or for an elective share and any other document for which certification is required, $6 $8, except as otherwise expressly provided by law. The fee must be paid by the personal representative, petitioner or other person filing the document to be certified when the copy of the devise or abstracts is made. The register of probate shall deliver the certified document to the register of deeds together with the fee for recording as provided by Title 33, section 751. The personal representative, petitioner, applicant or other person requesting the certification shall pay the recording fee to the register of probate.

     (2) For receiving and entering each petition or application for all estates, testate and intestate, including foreign estates, and the filing of a notice by a domiciliary foreign personal representative, except for the filing of a successor personal representative, when the value of the estate is:

     (3) For making copies from the records of the court, $1 for the first each page plus 50¢ for each additional page; except the charge for furnishing to the personal representative one copy of each will probated shall be $1.

     (4) For each certificate, under seal of the court, of the appointment and qualification of a personal representative, guardian, conservator or trustee, $3 $5, and for each double certificate, $5 $10.

     (5) For filing a petition for appointment as guardian, $10 $25.

     (6) For filing application for involuntary hospitalization, $10.

     (7) For filing a joined petition for guardian and conservator, $20 $35.

     (8) For filing any other formal proceeding, $10 $15.

     (9) For filing a petition for appointment of conservator, $10 $25.

     (10) For all other subsequent informal appointments, $15.

     Sec. 2. 18-A MRSA §1-701, first ¶, as enacted by PL 1995, c. 694, Pt. C, §5 and affected by Pt. E, §2, is amended to read:

     If a person desires to have that person's name changed, the person may petition the judge of probate in the county where the person resides; or, if the person is a minor, that person's legal custodian may petition in the person's behalf, and the judge, after due notice, may change the name of the person and shall make and preserve a record of the name change. The fee for filing the petition is $10 $25.

     Sec. 3. 18-A MRSA §9-301, as enacted by PL 1995, c. 694, Pt. C, §7 and affected by Pt. E, §2, is amended to read:

§9-301. Petition for adoption and change of name; filing fee

     A husband and wife jointly or an unmarried person, resident or nonresident of the State, may petition the Probate Court to adopt a person, regardless of age, and to change that person's name. The fee for filing the petition is $10 $50.

     Sec. 4. 19 MRSA §781, first ¶, as amended by PL 1983, c. 262, §4, is further amended to read:

     If a person desires to have his that person's name changed, he the person may petition the judge of probate in the county where he the person resides; or, if he the person is a minor, his that person's legal custodian may petition in his the person's behalf, and the judge, after due notice, may change the name of the person and shall make and preserve a record thereof of the name change. The fee for filing the petition shall be $10 is $25.

     Sec. 5. 19 MRSA §1121, first ¶, as enacted by PL 1993, c. 686, §5 and affected by §13, is amended to read:

     A husband and wife jointly or an unmarried person, resident or nonresident of the State, may petition the Probate Court to adopt a person, regardless of age, and to change that person's name. The fee for filing the petition is $10 $50.

     Sec. 6. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 18-A, sections 1-701 and 9-301 take effect October 1, 1997.

     Sec. 7. Repeal. Those sections of this Act that amend the Maine Revised Statutes, Title 19, sections 781 and 1121 are repealed October 1, 1997.

See title page for effective date, unless otherwise indicated.

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