NOTICE; PROCESS

Maine Rules of Probate Procedure

Rule: 4

Jurisdiction: ME

Bluebook Citation: Me. R. Prob. P. 4

(a) Form of Notice and Summons. (1) Notice in Probate Proceedings. (A) In informal probate proceedings the notice shall bear the signature or facsimile signature of the register, contain the name of the court and the name of the decedent, be directed to the recipient by name if known, state the action sought, including the name and address of any personal representative proposed, state the name and address of the applicant, and advise the recipient that the application has been or will be granted if in proper form and that the recipient may begin a formal proceeding if the recipient disagrees with the granting of the application. (B) In formal probate proceedings, the notice shall bear the signature or facsimile signature of the register, contain the name of the court and the name of the decedent or minor or incapacitated or disabled person, be directed to the recipient by name if known, state the name and address and telephone number of the petitioner or of the petitioner’s attorney, state the date and place of hearing or reply if either is required, and advise the recipient that the action or order sought may be granted if no interested person appears to object. (2) Summons in Civil Proceedings. In civil proceedings the form of summons shall be similar to that provided in Rule 4(a) of the Maine Rules of Civil Procedure. (b) Issuance of Notice and Summons. (1) Probate Proceedings. (A) In informal probate proceedings, the notice shall be filled out by the register as provided in subparagraph (a)(1)(A) of this rule. (B) In formal probate proceedings, the notice may be procured in blank from the register and filled out by the petitioner or the petitioner’s attorney as provided in subparagraph (a)(1)(B) of this rule. Alternatively, if the notice is to be served by the register as provided in subparagraph (c)(1) of this rule, the notice shall be filled out by the register. If the notice is to be served personally, the attorney shall deliver to the person serving it the original notice upon which to make his return of service and a copy of the notice and petition for service. If the will is annexed to the petition, the copy of the petition to be served need not include the will. (2) Civil Proceedings. In civil proceedings, the summons shall be filled out and delivered in the manner provided by Rule 4(b) of the Maine Rules of Civil Procedure. (c) By Whom Served. (1) Probate Proceedings. In all probate proceedings, service by mail may be made by the petitioner or the petitioner’s attorney or by the register on the petitioner’s behalf. Personal service shall be made by a sheriff or a deputy within the sheriff’s county, or by a constable or other person authorized by law, or by some person specially appointed by the court, except that a subpoena may be served as provided in

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