As amended through November 25, 2024
Rule 8 - General Rules of Pleadings(a) Probate Proceedings. (1) Content of Pleadings. Every application and petition in a probate proceeding shall set forth in short and plain terms all of the matters required by statute to be pleaded to obtain the action or order sought and a specific request for that action or order. In formal probate proceedings, the interests to be affected shall be described in terms which give reasonable information to owners by name or class, by reference to the instrument or statute creating the interests or to any other source of such interests, or in other appropriate manner. (2) Objections; Denials Not Required, Effect. When a reply is required or permitted by these rules or by order of court, objections or other affirmative matter shall be set forth in short and plain terms. Denials of the allegations of the petition shall not be made. Such allegations, and any affirmative matter pleaded in a reply, shall be taken as denied or avoid. (3) Construction of Pleadings. All pleadings shall be so construed as to do substantial justice. (4) Certificate of Value. Upon the filing of any application or petition for the determination of testacy status or appointment of a personal representative, the register of probate shall require the applicant or petitioner to submit a statement or certificate of value for the purposes of determining the appropriate filing fees, the need for the filing of any inheritance tax bond, or the amounts of any bond that is required. Except in the case of public administration under 18-A M.R.S.A. §3 - 619, upon completion of the determination of the amount of filing fees and the need for and amount of the inheritance tax or other bond, and upon the request of the applicant or petitioner, the register shall return the statement or certificate of value and any copies to the applicant or petitioner. The statement or certificate of value shall not be a public record, except that in the case of public administration under 18-A M.R.S.A. §3 - 619 the statement or certificate of value shall be treated as any other record is ordinarily treated in the registry of probate. (b) Civil Proceedings. Rule 8 of the Maine Rules of Civil Procedure governs procedure in civil proceedings in the Probate Courts.Amended effective 12/15/1981;2/1/1983.