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PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 210
S.P. 472 - L.D. 1374

An Act To Require a Surcharge on Probate Documents

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

     Sec. 1. 18-A MRSA §1-607 is enacted to read:

§1-607.    Surcharge for restoration, storage and preservation of records

     (1) In addition to any other fees required by law, a register of probate shall collect a surcharge of $10 per petition, application or complaint, except for name changes, filed in the Probate Court.

     (2) The surcharge imposed in subsection (1) must be transferred to the county treasurer, who shall deposit it in a separate, nonlapsing account within 30 days of receipt. Money in the account is not available for use as general revenue of the county. Interest earned on the account must be credited to the account.

     (3) The money in the account established in subsection (2) must be used for the restoration, storage and preservation of the records filed in the office of the register of probate and in Probate Court. No withdrawals from this account may be made without the express written request or approval of the register of probate.

     (4) The judge of probate may waive the surcharge in subsection (1) if the judge believes that it will prove a hardship for the individual filing the petition, application or complaint.

Effective September 17, 2005.

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