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been a prior appointment, may be commenced more than 20 years after | the decedent's death, except: |
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| (1) If a previous proceeding was dismissed because of doubt | about the fact of the decedent's death, appropriate probate, | appointment or testacy proceedings may be maintained at any | time thereafter upon a finding that the decedent's death | occurred prior to the initiation of the previous proceeding | and the applicant or petitioner has not delayed unduly in | initiating the subsequent proceeding; |
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| (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 the applicable | limitation period, as set forth in this section, which shall | begin to run after the conservator becomes able to establish | the death of the protected person; and |
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| (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 the running of the applicable limitation period. | These limitations do not apply to proceedings to construe | probated wills or determine heirs of an intestate. In cases | under paragraph (1) or (2), the date on which a testacy or | appointment proceeding is properly commenced shall be deemed | to be the date of the decedent's death for purposes of the | limitations provisions of this Code which relate to the date | of death. |
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| These limitations do not apply to proceedings to construe | probated wills or determine heirs of an intestate.__In cases | under paragraph (1) or (2), the date on which a testacy or | appointment proceeding is properly commenced is deemed to be the | date of the decedent's death for purposes of the limitations | provisions of this Code that relate to the date of death. |
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| | Sec. C-6. 18-A MRSA §3-703, sub-§(a), as amended by PL 1997, c. 73, §§1 | and 2 and affected by §4, is further amended to read: |
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| | (a) A personal representative is under a duty to settle and | distribute the estate of the decedent in accordance with the | terms of any probated and effective will and this Code, and as | expeditiously and efficiently as is consistent with the best | interests of the estate. The personal representative shall use | the authority conferred upon the personal representative by this | Code, the terms of the will, if any, and any order in proceedings |
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