Maine Enacts Emergency Legislation to Amend Uniform Probate Code

Maine has passed H.P. 1118 to amend its Uniform Probate Code (UPC) that will take effect on July 1, 2019.

The Bill amends the Uniform Probate Code to, among other things, allow probate, appointment or testacy proceedings to be commenced in relation to a claim for personal injury made against a decedent by a person without actual notice of the death of the decedent at any time within six years after the cause of action accrues.  However, if the proceedings are commenced more than three years after the decedent’s death, recovery is limited to applicable insurance.   

Additionally, the Bill adds the Maine Revised Uniform Fiduciary Access to Digital Assets Act to the UPC.  Under the Act, a Maine resident may allow or prohibit, through a will, trust, power of attorney or other record, the disclosure of the resident’s electronic records, including the content of electronic communications.  It is important to note that the Maine resident’s direction can override a contrary provision in a terms of service agreement.  The Act was added to the UPC as Article 10 to Title 18-C.