Disclaimer: This article provides general legal information under Maine law and is not legal advice. Each case is unique; consult a qualified attorney for personalized advice.
Detailed Answer
Under Maine’s Uniform Probate Code, a surviving spouse has the right to a family allowance, which covers basic living expenses during the probate of the decedent’s estate. See Maine Rev. Stat. tit. 18-B, §2-803 [link]. To establish eligibility, the surviving spouse must prove a valid marriage at the time of death.
Proof of Marriage Requirements
The probate court requires a certified marriage certificate showing the names of both parties, the date, and the location of the ceremony. This certificate is the primary evidence of the marital relationship. Without it, the court may not process the spouse’s allowance petition.
Impact of an Incomplete or Missing Marriage Certificate
If your marriage certificate is missing, lost, or incomplete, you may face delays or challenges:
- Probate court holds: The court may postpone reviewing your allowance petition until valid proof is provided.
- Heir objections: Estate heirs can object if you cannot verify your marital status.
- Risk of denial: Failure to submit acceptable evidence may lead to denial of your allowance claim.
Alternative Evidence Under Maine Law
Maine law permits secondary evidence when official records are unavailable or erroneous. You can submit:
- Affidavits from witnesses present at the marriage (friends, family, officiant).
- Church or clergy records documenting the ceremony.
- Children’s birth certificates listing both spouses.
The court will assess the credibility of this evidence. If the official record is lost, destroyed, or contains uncorrected errors, secondary proof may suffice.
Correcting or Replacing Your Marriage Certificate
To obtain a certified replacement or correction:
- Contact the Maine Vital Records Office to request a duplicate. Visit Maine Vital Records for forms and fees.
- If the certificate has errors, petition to correct it under Maine Rev. Stat. tit. 22, §2707 [link]. Submit affidavits and supporting documentation.
- Once you receive the updated certificate, file it with the probate court to support your allowance claim.
Helpful Hints
- Request a certified copy early—processing can take weeks.
- Collect affidavits from at least two credible witnesses.
- Keep photocopies and digital scans of vital records on file.
- Review the probate court’s document checklist before filing.
- Consult a probate attorney if you encounter objections or disputes.