LD 2055
pg. 42
Page 41 of 55 PUBLIC Law Chapter 683 Page 43 of 55
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LR 3065
Item 1

 
been a prior appointment, may be commenced more than 20 years after
the decedent's death, except:

 
(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;

 
(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

 
(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.

 
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.

 
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:

 
(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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