PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Amend the Probate Code To Affect Claims against an Estate
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 18-A MRSA §3-108, sub-§(a), ¶(2),  as enacted by PL 1983, c. 256, is amended to read:
 
(2).  Appropriate probate, appointment or testacy proceedings may be maintained in relation to the estate of an absent, disappeared or missing person for whose estate a conservator has been appointed, at any time within 3 years after the conservator becomes able to establish the death of the protected person; and
Sec. 2. 18-A MRSA §3-108, sub-§(a), ¶(3),  as amended by PL 2005, c. 683, Pt. C, §5, is further amended to read:
 
(3).  A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful may be commenced within the later of 12 months from the informal probate or 3 years from the decedent's death.; and
Sec. 3. 18-A MRSA §3-108, sub-§(a), ¶(4)  is enacted to read:
 
(4).  A proceeding to address a claim of negligence against the decedent limited to the limits of an insurance policy of the decedent may be commenced within 6 years of the decedent's death.
 
SUMMARY
This bill amends the Probate Code to allow a proceeding to address a claim of negligence against the decedent limited to the limit of the decedent's insurance policy to be commenced within 6 years of the decedent's death.