142 A.3d 578
Me.2016Background
- Jeanne S. Reed died in 1997; real property in Gray remained as the only estate asset.
- In 2013 George Reed filed for formal probate of the will; the petition was denied as time-barred under the three-year statute of limitations and not appealed.
- In 2014 George and Lawrence petitioned the Probate Court for special findings; the court determined the heirs and their percentage shares.
- Later in 2014 the brothers petitioned the Probate Court for partition (or sale) of the real property; not all heirs agreed to partition.
- The Probate Court raised sua sponte whether it had subject matter jurisdiction because partition authority under 18-A M.R.S. § 3-911 and 4 M.R.S. § 252 presupposes an open probate/administration; no letters or personal representative could be issued due to the statute of limitations.
- The court dismissed the partition petition without prejudice; appellants appealed and the Supreme Judicial Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Probate Court has subject matter jurisdiction to order partition of property owned by a decedent when no probate estate can be opened due to the statute of limitations | Reed: Probate Court has concurrent jurisdiction to partition and may exercise it here based on prior determination of heirs and Probate Court statutes | Probate Court: Partition authority under 18-A § 3-911 and 4 M.R.S. § 252 requires an open probate/administration (issuance of letters); absent that there is no subject matter jurisdiction | Court held no subject matter jurisdiction in Probate Court for partition because both statutory bases presuppose an open probate/administration; dismissal affirmed and partition must be sought in Superior or District Court |
Key Cases Cited
- Estate of Thorne, 704 A.2d 315 (Me. 1997) (determination of heirs is a probate proceeding)
- In re Hiller, 86 A.3d 9 (Me. 2014) (standard of review for Probate Court jurisdiction and statutory interpretation)
- Carrier v. Sec'y of State, 60 A.3d 1241 (Me. 2012) (statutory interpretation rules and reviewing legislative intent)
- Marin v. Marin, 797 A.2d 1265 (Me. 2002) (Probate Court is a statutory court of limited jurisdiction)
- Hallissey v. Sch. Admin. Dist. No. 77, 755 A.2d 1068 (Me. 2000) (use of whole statutory scheme and legislative history when ambiguous)
- Estate of Hunt, 990 A.2d 544 (Me. 2010) (Probate Court may partition property in cases related to estate administration)
- Murphy v. Daley, 582 A.2d 1212 (Me. 1990) (concurrent jurisdiction of Probate, Superior, and District Courts over partition actions)
- Estate of Jennings v. Cumming, 82 A.3d 132 (Me. 2013) (examples of concurrent civil matters in Probate Court)
- Estate of Hodgkins, 807 A.2d 626 (Me. 2002) (Probate Court concurrent civil jurisdiction)
- Plimpton v. Gerrard, 668 A.2d 882 (Me. 1995) (Probate Court's civil jurisdiction over matters related to estates)