Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney.
When you file a probate petition in a Maine District Court, the clerk typically sets a hearing date. If you don’t see a hearing scheduled within a reasonable time, you can take steps under Maine law to request and schedule one yourself.
Detailed Answer
Step 1: Confirm Your Petition Status
Verify that your petition is filed and pending. Use the Maine eCourts docket search at courts.maine.gov/docket or call the probate clerk’s office.
Step 2: Draft a Motion to Schedule Hearing
Prepare a written “Motion to Set Probate Hearing.” Identify the case name, docket number, filing date, and note that no hearing date appears. Cite the court’s authority under Maine Revised Statutes, Title 18-C, § 3-301 (18-C MRS § 3-301).
Step 3: File and Serve the Motion
File your motion with the probate clerk and remit any applicable fee. You may use Maine District Court Form PC-145 if accepted locally. Serve the motion on all interested persons at least 14 days before the proposed hearing date, in compliance with 18-C MRS § 3-403.
Step 4: Propose Potential Hearing Dates
In your motion, list two or three dates that fit your schedule. Contact the clerk’s office beforehand to confirm courtroom availability and avoid conflicts.
Step 5: Follow Up with the Clerk
After filing, reach out to the probate clerk to confirm receipt and inquire about the date selection process. Once the court approves, you will receive a written order or notice with the scheduled hearing date and time.
Helpful Hints
- Review Local Probate Rules: Some counties impose additional deadlines or local forms. See the Maine Probate Court Rules.
- Label Documents Clearly: Include the case title and docket number on every page for smoother processing.
- Maintain Proof of Service: File an affidavit or certificate confirming when and how you served all parties.
- Use eFiling If Available: Electronic filing often speeds up processing and provides instant confirmation.
- Seek Clerk Guidance: Court scheduling staff can advise on available hearing slots and help avoid delays.