Disclaimer: This article provides general information only and is not legal advice. Consult a qualified attorney for guidance.
Detailed Answer
In Maine probate proceedings, the clerk of the probate court issues orders that require notice to interested parties under Maine Revised Statutes, Title 18-C, section 6-102 and 6-118. Proper service ensures you can move your case forward without delay.
1. Identify Interested Parties
Interested parties include heirs, beneficiaries, creditors, and any person with an interest in the estate under 18-C MRS § 1-201. Review the will, petition, and Maine law to list all parties.
2. Obtain the Court Order
After your hearing, request a certified copy of the probate order from the clerk. This copy serves as the document to be delivered.
3. Choose an Approved Service Method
- Personal Service: Deliver the order in person. A non-party over age 18 may act as process server. This method satisfies 18-C MRS § 6-102(1).
- Certified Mail: Send the order via certified mail, return receipt requested, to each party’s last known address per 18-C MRS § 6-102(2).
- Publication: If you cannot locate a party after due diligence, publish notice in a qualified newspaper under 18-C MRS § 6-102(3).
4. Serve the Order
Complete the service within the timeframe stated in the order. Keep originals of affidavits of service or postal receipts.
5. File Proof of Service
Within the time allowed by the order, file proof of service with the court clerk. For personal service, submit an affidavit of service. For certified mail, file the green card or return receipt. For publication, file the affidavit of publication.
6. Next Steps
Once proof of service is on record, file any required follow-up motions or petitions. The court will proceed with scheduling hearings or approving accountings based on your filed proof.
For further details on notice requirements, see 18-C MRS § 6-102: https://legislature.maine.gov/statutes/18-C/title18-Csec6-102.html and § 6-118: https://legislature.maine.gov/statutes/18-C/title18-Csec6-118.html
Helpful Hints
- Confirm each party’s current address through public records or last known filings.
- Retain copies of all service documents and receipts.
- Use certified mail with return receipt to create a clear paper trail.
- Publish in a newspaper approved by the probate court if addresses are unknown.
- Check local probate court deadlines as they may vary by county.