M.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

Rule 45. Special appointments to serve process shall be made freely when

substantial savings in travel fees will result. Service by publication shall be made

by the register on behalf of the petitioner unless otherwise ordered by the court.

When service by any method is to be made by the register, the petition shall

contain a written request for such service, accompanied by a tender of fees and a

list of persons to be served and their addresses if known.

(2) Civil Proceedings. In civil proceedings, service shall be made as provided in

Rule 4(c) of the Maine Rules of Civil Procedure.

(d) Service of Notice and Summons.

(1) Probate Proceedings. In probate proceedings, the notice and, where

appropriate, the petition shall be served together by one of the following

methods:

(A) In informal probate proceedings, the notice shall be served upon all persons

specified in sections 3-306 and 3-310 of the Probate Code by ordinary mail

addressed to the recipient at the post office address given in the recipient’s

demand for notice, if any, or at the recipient’s office or place of residence.

Service by mail is complete upon mailing. Service shall also be made by

publication as provided in subdivision (e) of this rule upon any of the specified

persons whose address or present whereabouts is unknown and cannot be

ascertained by due diligence or, on request of the applicant, upon all unknown

persons.

(B) In formal probate proceedings, except as otherwise provided by statute, the

notice and petition shall be served by certified mail, with restricted delivery and

return receipt requested, upon all persons upon whom service is required by

statute, including any person who has made a demand for notice as provided in

Rule 4D. The mailing shall be addressed to the recipient at the post office

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.