PUBLIC LAWS
Second Regular Session of the 122nd

CHAPTER 654
S.P. 717 - L.D. 1800

An Act To Amend the Fees 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 2003, c. 383, §1, is further amended to read:

§1-602. Filing and certification fees

     The register of probate must receive 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, $8 $15, plus the fee for recording as provided by Title 33, section 751, 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, abstract, petition for elective share or other document for which certification is required is made requested. 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:

(i-a) For filing a will for no probate, no charge;
(ii) For filing a will to be probated and without an appointment, $10 $15;
(iii) $10,000 and under, $15 $20;
(iv) $10,001 to $20,000, $30 $40;
(v) $20,001 to $30,000, $45 $60;
(vi) $30,001 to $40,000, $60 $75;
(vii) $40,001 to $50,000, $75 $95;
(viii) $50,001 to $75,000, $100 $125;
(ix) $75,001 to $100,000, $150 $190;
(x) $100,001 to $150,000, $200 $250;
(xi) $150,001 to $200,000, $250 $325;
(xii) $200,001 to $250,000, $300 $375;
(xiii) $250,001 to $300,000, $350 $450;
(xiv) $300,001 to $400,000, $400 $500;
(xv) $400,001 to $500,000, $450 $575;
(xvi) $500,001 to $750,000, $500 $625;
(xvii) $750,001 to $1,000,000, $550 $700;
(xviii) $1,000,001 to $1,500,000, $600 $750;
(xix) $1,500,001 to $2,000,000, $700 $875; or
(xx) More than $2,000,000, $750 $950, and continuing in steps of $50 $100 for every increase in value of $500,000 or part thereof above $2,500,000.;

     (3) For making copies from the records of the court, $1 for each page.;

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

     (5) For filing a petition for appointment as guardian, $25. $50;

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

     (7) For filing a joined petition for guardian and conservator, $35. $75;

     (8) For filing any other formal proceeding, $15. $25;

     (9) For filing a petition for appointment of conservator, $25. $50;

     (10) For all other subsequent informal appointments, $15. $25; and

     (11) For filing a petition for elective share, $120.

     Sec. 2. 18-A MRSA §1-608 is enacted to read:

§1-608. Fees not established in statute

     Unless otherwise specifically stated in statute or in the Rules of Probate Procedure as published by the Supreme Judicial Court, the Probate Court shall charge the same fee as charged by the District Court or the Superior Court for similar procedures.

     Sec. 3. 18-A MRSA §1-701, sub-§(d), as enacted by PL 2001, c. 163, §1, is amended to read:

     (d) The fee for filing the name change petition is $25 $40.

     Sec. 4. 18-A MRSA §9-301, first ¶, as amended by PL 2001, c. 52, §1, is further 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 $50 $65 plus:

     Sec. 5. 18-A MRSA §9-312, as enacted by PL 1995, c. 694, Pt. C, §7 and affected by Pt. E, §2, is amended to read:

§9-312. Foreign adoptions

     If an adoption in a foreign country has been finalized and the adopting parents are seeking an adoption under the laws of this State to give recognition to the foreign adoption, a judge of probate may enter a decree of adoption based solely upon a judgment of adoption in a foreign country and may order a change of name if requested by the adopting parents. The fee for filing the petition is $55.

Effective August 23, 2006.

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