Rule 12 - Defenses and Objections: when and How Presented by Pleading or Motion; Motion for Judgment on the Pleadings(a) Probate Proceedings. (1) Informal Probate Proceedings. In informal probate proceedings, no pleading after the application shall be required or permitted.(2) Formal Testacy, Appointment Proceedings and Change of Name Proceedings. In formal probate proceedings for the determination of testacy, the appointment of a personal representative, guardian or conservator, or a change of name, the notice of hearing shall set a date for hearing that shall be at least 14 days after the first publication of notice under Rule 4(e)(1) or at least 14 days after the completion of service upon all persons to be served by other means, whichever is later. Any interested person to a formal proceeding who opposes the probate of a will for any reason shall state in that person's pleadings that person's objections to the probate of the will. If a party who opposes the probate of a will for any reason makes an oral reply stating the party's objections thereto, the party shall file a written reply setting forth those objections within such time after the hearing as the court shall order. If a party states any other objections or matter in an oral reply, the court may order the party to file a written reply specifically stating such objections or matter within such time after the hearing as may be just. If a written reply is filed at any time, the hearing may be continued as to all issues involved in the objections or other matter there stated for a period sufficient to allow all parties fairly to be heard on those issues.(3) Other Formal Probate Proceedings. In all other formal probate proceedings, an interested person who wishes to state objections to the action or order sought in the petition or raise my other matter shall serve a reply within 20 days after the service of the notice and petition upon the person unless the court otherwise orders, and provided that any person served outside the continental United States or Canada may serve a reply within 50 days after such service.(4) Preliminary Motion. In formal probate proceedings, at the option of the pleader, the objections of lack of jurisdiction of the subject matter, lack of jurisdiction of the person, improper venue, and legal insufficiency of the petition may be raised by motion at any time before a hearing set under paragraph (2) of this subdivision, or before the filing of a reply required under paragraph (3) of this subdivision, or before hearing if no reply is required. The court may determine the issues raised before hearing or may postpone determination until the hearing. Any further pleading required shall be served within 10 days after notice of the court's action.(5) Waiver. If a motion is made under paragraph (4) of this subdivision, all objections mentioned in that paragraph that were then known to the movant are waived if not joined in the motion, and if no motion is made every objection or other matter that could reasonably have been known to and presented by an interested person shall be deemed waived if not presented as provided in paragraph (2) or (3) of this subdivision; provided that (A) an objection raising the legal insufficiency of the petition may be presented by motion at any time prior to final disposition of the petition, and (B) whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the petition.(b) Civil Proceedings. Rule 12 of the Maine Rules of Civil Procedure governs procedure in civil proceedings in the Probate Courts.Amended effective 8/24/1981; 12/15/1981; 3/1/1988; 10/15/2000; 1/1/2001; amended July 18, 2018, effective 1/1/2019.Advisory Note - January 2019
This Amendment makes a minor grammatical correction and seeks to provide additional clarity with respect to 18-A M.R.S. §3 - 404 and the opposition to the probate of a will. Any "interested person" (as defined in 18-A M.R.S. §1 - 201 ) who opposes the probate of a will must do so in writing in that party's pleadings either before the hearing or after the hearing pursuant to a court order.