An Act To Amend the Maine Uniform Probate Code Regarding Claims for Personal Injury
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Uniform Probate Code in the Maine Revised Statutes, Title 18-C was enacted by the 128th Legislature with an effective date of July 1, 2019; and
Whereas, the provision in this Act is in the Probate Code in Title 18-A, which is effective until July 1, 2019, and was omitted from Title 18-C; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 18-C MRSA §3-108, sub-§1, ¶¶D and E, as enacted by PL 2017, c. 402, Pt. A, §2 and affected by Pt. F, §1, are amended to read:
D. An informal appointment or a formal testacy or appointment proceeding may be commenced more than 3 years after the decedent's death if no proceeding concerning the succession or estate administration has occurred within the 3-year period after the decedent's death, but the personal representative has no right to possess estate assets as provided in section 3-709 beyond that necessary to confirm title in the successors to the estate, and claims other than expenses of administration may not be presented against the estate; and
E. A formal testacy proceeding may be commenced at any time after 3 years from the decedent's death for the purpose of establishing an instrument to direct or control the ownership of property passing or distributable after the decedent's death from a person other than the decedent when the property is to be appointed by the terms of the decedent's will or is to pass or be distributed as a part of the decedent's estate or its transfer is otherwise to be controlled by the terms of the decedent's will . ; and
Sec. 2. 18-C MRSA §3-108, sub-§1, ¶F is enacted to read:
F. Appropriate probate, appointment or testacy proceedings may be commenced in relation to a claim for personal injury made against the decedent by a person without actual notice of the death of the decedent at any time within 6 years after the cause of action accrues. If the proceedings are commenced more than 3 years after the decedent's death, any recovery is limited to applicable insurance.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect July 1, 2019.
SUMMARY
This bill amends the Maine Uniform Probate Code to provide that appropriate probate, appointment or testacy proceedings may be commenced in relation to a claim for personal injury made against a decedent by a person without actual notice of the death within 6 years after the cause of action accrues.