The mailing shall be addressed to the recipient at the post office

Maine Rules of Probate Procedure

Rule: 4D

Jurisdiction: ME

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

address given in the recipient’s demand for notice, if any, or at the recipient’s office or place of residence. Service by certified mail is complete when the mail is delivered and the receipt signed or when acceptance is refused or unclaimed, provided that the petitioner or register shall file either the return receipt or, if acceptance was refused or unclaimed, an affidavit that upon notice of such refusal or failure to claim a copy of the notice and petition was sent to the party being served by ordinary mail. Under this specific provision, regular mail is complete as of the date of the postmarked envelope and shall be included in the affidavit of service. Alternatively, the notice and petition may be served upon any of such persons personally, and shall be so served if statute requires, by any method provided in subdivisions (d) or (e) of Rule 4 of the Maine Rules of Civil Procedure for service of process in civil actions. Service shall also be made by publication as provided in subdivision (e) of this rule upon any such persons whose address or present whereabouts is unknown and cannot be ascertained by due diligence and, in any other proceeding on request of the petitioner, upon all unknown persons. (C) If a party to be served is an infant, copies of the notice and the petition shall also be served by the appropriate method upon the infant’s guardian, if the infant has one within the state known to the party making service and, if not, then upon the infant’s father or mother or other person having the infant’s care or control or with whom the infant resides. If service cannot be made upon any of them, then it shall be made as provided by order of the court. (D) If a party to be served is an incompetent person copies of the notice and petition shall also be served by the appropriate method upon the guardian of the incompetent person or a competent adult member of the incompetent person’s family with whom the incompetent person resides or, if the incompetent person is living in an institution, then upon the director or chief executive officer of the institution. If service cannot be made upon any of them, then it shall be made as provided by order of the court. The court may order that service not be made upon the incompetent person. (E) The court on its own motion or for cause shown may order service to be made upon any party by a method other than those specified in this paragraph, so long as the method ordered is as calculated to give notice to the party as any other method reasonably available in all the circumstances. (2) Civil Proceedings. In a civil proceeding the summons and complaint shall be served as provided in subdivisions (d), (e), and (f) of Rule 4 of the Maine Rules of Civil Procedure. (e) Service by Publication. (1) Probate Proceedings. In probate proceedings, when service by publication is required by this rule or by order of the court, the register, on behalf of the applicant or petitioner, shall cause the substance of the notice prescribed by paragraph (1) of subdivision (a) of this rule, and in formal probate proceedings a brief statement of the object of the petition, to be published once a week for two successive weeks in a designated newspaper of general circulation in the county where the application or petition was filed. The first publication of the notice shall be made within 35 days after the application or petition is filed or the order is granted. Service by publication is complete on the fourteenth day after the first publication. (2) Civil Proceedings. In civil proceedings, service by publication shall be made as provided in Rule 4(g) of the Maine Rules of Civil Procedure. (f) Proof of Notice; Return of Service. (1) Probate Proceedings. In informal probate proceedings, the findings made and signed by the register representing that notice has been given shall constitute an affidavit of notice. In formal probate proceedings, where the notice is served by mail or publication, the statement of the register or the petitioner or the petitioner’s attorney, appended to or filed with a copy of the notice, setting forth the means by which service was made upon each person served, and accompanied by any documentary evidence that service was completed, shall constitute an affidavit of notice. Where the notice is served personally, proof of service shall be made as provided for civil proceedings in paragraph (2) of this subdivision. (2) Civil Proceedings. In civil proceedings, proof of service shall be by return or affidavit as provided in Rule 4(h) of the Maine Rules of Civil Procedure. (g) Amendment. At any time in its discretion and upon such terms as it deems just, the court may allow any notice, process, or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the notice or process issued. (h) Alternative Provisions for Service in a Foreign Country. (1) Manner. When service is to be effected upon a party in a foreign country, it is also sufficient if service of the notice and petition, if appropriate, or the summons and complaint is made: (A) In the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; or (B) As directed by the foreign authority in response to a letter rogatory, when service in either case is reasonably calculated to give actual notice; or (C) Upon an individual, by delivery to the individual personally, and upon a corporation or partnership or association, by delivery to an officer, a managing or general agent; or (D) By any form of mail requiring a signed receipt, to be addressed and dispatched by the register to the party to be served; or (E) As directed by order of the court. Service under (C) or (E) above may be made by any person who is not a party and is not less than 18 years of age or who is designated by order of the court or by the foreign court. On request, the register shall deliver the notice or summons to the party making service for transmission to the person or the foreign court or officer who will make the service. (2) Return. Proof of service may be made as prescribed by subdivision (f) of this rule, or by the law of the foreign country, or by order of the court. When service is made pursuant to subparagraph (1)(D) of this subdivision (h), proof of service shall include a receipt signed by the addressee or other evidence of delivery to the addressee satisfactory to the court.

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