Detailed Answer

Short answer: In Maine you can ask the court to hold settlement proceeds with the clerk (often called depositing funds into the court registry) while you get final court approval, protect minors or unknown heirs, or sort out distribution. To do this you typically: (1) obtain a proposed order approving the settlement or an agreement from the defendant to pay into the court registry; (2) file a motion or praecipe asking the court to accept the deposit; and (3) obtain any needed appointments (guardian, personal representative, conservator) or court approval for distribution. The clerk will follow court rules and local procedures for accepting, holding, and disbursing funds.

Important disclaimer: This is general information, not legal advice. Laws vary by situation. Consult a Maine attorney before acting.

Why secure settlement proceeds with the court clerk?

Securing proceeds with the court clerk or court registry protects funds when there are concerns such as:

• Minors, incapacitated persons, or unborn/unknown beneficiaries;
• Competing claimants or uncertain distribution rights in a wrongful death case;
• The need for a court-approved allocation or spending plan;
• Risk that a defendant or insurer will not promptly distribute or that parties cannot agree on who should receive funds.

Step-by-step: How to secure proceeds in Maine

1. Confirm settlement terms and whether court approval is required. Some wrongful death settlements—especially when minors or probate interests are involved—require court approval. If a representative (executor, personal representative, or guardian) must be appointed, get that process started.
2. Ask the payor to deposit into the court registry or to an agreed escrow. Many insurers/defendants will pay into an agreed escrow account. If you want the court to hold funds, request payment into the court registry (sometimes called the clerk’s office or court deposit account).
3. File a motion or stipulation with the court. Prepare and file a motion (or stipulation and proposed order) requesting that the court: accept the deposited funds, hold them pending further order, and set conditions for disbursement (for example, approval for distribution only after appointment of a representative or after notice to heirs). Attach the settlement terms and any consents from parties.
4. Reference the rule allowing deposit to court. Many Maine civil procedure rules parallel Federal Rule of Civil Procedure 67 (deposit into court). Cite the applicable Maine rule in your motion. Provide the court with a proposed order authorizing the clerk to accept and hold funds, to pay interest (if applicable), and to charge any registry fees.
5. Obtain appointment or approval if needed. If beneficiaries include minors or the distribution passes through the probate system, seek appointment of a guardian, conservator, or personal representative in the appropriate court (probate court). The court may require that the proceeds be held until that appointment or until a guardian ad litem (GAL) has reviewed the settlement.
6. Clerk accepts funds and opens a registry account. If the court signs the order, the clerk’s office will usually accept certified funds (often a check payable to the court registry) and deposit them into the registry or a designated account. The clerk will maintain a docket entry and transaction record.
7. Follow statutory and court-imposed notice and waiting periods. The court may require notice to potential heirs, a waiting period, or a hearing before distribution. Prepare to provide the clerk and court with accountings and receipts when asking for disbursement.
8. Request distribution when ready. File a motion for disbursement or submit the required paperwork for payment. The clerk will disburse only under a court order or as allowed by court rules.

Practical considerations for Maine cases

• Who handles wrongful death proceeds? In Maine wrongful death actions, proceeds are distributed to statutory beneficiaries or through the representative of the decedent’s estate. If distribution is contested or beneficiaries are missing, the court will supervise distribution. When heirs include minors, the court often requires additional protection.
• Costs, fees, and interest. The registry may charge administrative or accounting fees. Funds deposited may earn interest; specify whether interest accrues to the principal or is paid to the registry. State and local rules govern these details.
• Use of a surety or bond. The court may require a bond or other security before appointing a fiduciary or releasing large sums.
• Document everything. Keep copies of the settlement, correspondence with the insurer, the motion and proposed order, and deposit receipts. The clerk’s records provide an extra layer of protection.
• Clerk procedures vary by court. Each Maine court clerk (district, superior, or probate) may have local procedures. Contact the clerk’s office where the case is filed for exact requirements (acceptable funds, forms, fees, and delivery instructions).

Key Maine rules and statutes (where to look)

Helpful official resources:

• Maine Judiciary rules (civil and probate rules): https://www.courts.maine.gov/rules_adminorders/rules/
• Maine Legislature statutes (search wrongful death, probate, and related statutes): https://legislature.maine.gov/statutes/
• Maine Probate Court information (probate procedures, forms, and contact info): https://www.courts.maine.gov/court_system/probate/

Note: cite and attach the specific statute or rule your court uses when you file. If the case involves probate interests or minor beneficiaries, reference the applicable probate statute or rule in your jurisdiction.

When to consult a Maine attorney

Consider hiring an attorney if any of these apply:

• Minors, incapacitated persons, or multiple potential heirs are involved;
• The settlement is large or the distribution is contested;
• The insurer resists paying into the court registry; or
• Complex probate or estate issues affect distribution.

An attorney will prepare the motion, propose the proper order, coordinate with the clerk, and handle required hearings and notices.

Helpful Hints

• Contact the clerk’s office early. Ask for their exact requirements for registry deposits and required forms.
• Prepare a proposed order for the judge to sign that authorizes the clerk to receive and hold funds and that sets conditions for disbursement.
• If minors are beneficiaries, include a plan for obtaining court approval (guardian ad litem, settlement approval hearing, or conservatorship) in your filings.
• Request that the payor issue the registry check payable to the appropriate court entity (follow clerk instructions precisely).
• Keep beneficiaries informed and provide any statutorily required notice to heirs to avoid later objections.
• Ask whether the clerk charges administrative or investment fees and whether deposited funds earn interest.
• If you expect a dispute, ask the court to hold funds pursuant to a protective order until the dispute resolves—don’t let funds be distributed prematurely.

Final note: Procedures and required filings vary by courthouse and by whether the matter is in civil or probate court. Use the linked Maine court and legislature resources above and consider local counsel to ensure compliance with Maine rules and statutes.