CONTENTS
- In General
- What papers do I need to file with the Probate Court?
- Who may petition for a minor's name change?
- What are the notice requirements for change of name of a minor?
- What if I do not know where the parent to be served is located?
- What if I don't know the name of the father?
- What are the notice requirements for change of name of an adult?
- What happens once the fees are paid and papers are filed?
- Do I need to come to a hearing?
- What do I need for proof of service?
- What happens when the parent who receives notice does nothing?
- How do I change a birth record to reflect the name change?
- Conclusion
This information was prepared by Susan M. Almy, Register
Penobscot County Probate Court
In General
Change of Name petitions are filed in the Probate Court in the county where you reside.
Note about name changes for minors: In 2016, Maine passed the Home Court Act. This law is meant to prevent more than one case about the same child from happening in different courts. Cases about a name change for a minor can now be heard in either Probate or District Court. Courts use a Jurisdictional Affidavit to find out about all of the cases involving a child, and to figure out which court has the power to make a decision about guardianship. They do this to make sure they are following the Act. You will need to file a Jurisdictional Affidavit. Learn more about this in our new guide: Adoption, Guardianship of a Minor, Child Name Change and Maine's Home Court Act: When, where and how to file the Jurisdictional Affidavit
The cost of forms, news notice publications, certificate of name change fee, and filing fees have been omitted as they are subject to change. The publication fees vary from county to county. You need to contact the Probate Court in the county where you reside for current fees in your area.
You should contact the Probate Court in your county before filing a name change petition.
What papers do I need to file with the Probate Court?
You will need:
- the form CN-1, Petition for Change of Name (Adult) or
the form CN-2, Petition for Change of Name (Minor)
(NOTE: Forms CN-1 and CN-2 may be purchased from any of the 16 probate courts) - a certified, up-to-date copy of the birth certificate;
- a certified, up-to-date copy of your divorce decree, if any;
- depending on your particular case, affidavits and other supporting documents may be required. These affidavits and supporting documents vary from county to county. Contact the Probate Court in the county where you reside for details.
Or you can download the forms here. They are interactive; you can fill out a form online, then print. Or you can print it, then fill it out by hand. The Probate Court charges for its forms. So when you file your form with the court, you will be charged for it along with any other court fees.
Who may petition for a minor's name change?
The legal custodian of the minor must petition in the county where the minor resides.
Physical custody alone does not give one the status of legal custodian.
Legal custody of minor children after divorce is determined by ascertaining from the divorce judgment which person has the decision-making responsibilities.
When there are shared parental rights and responsibilities, determined by a court order, one parent alone could not be deemed legal custodian. Hence, both parents would have to agree to a change of name for the minor.
Similarly, if there has been no court determination as to parental rights and responsibilities but both parents are alive, the parents would have to agree to a name change in order for the Probate Court to act. As an alternative, one parent could seek a parental rights determination from the District Court, requesting exclusive authority to change the name of the child. Once a parent has been allocated the authority, he or she may petition the Probate Court.
What are the notice requirements for changes of name of a minor?
The form N-103, General Notice of Beginning of a Formal Probate Proceeding with a Hearing Date is used for persons to receive notice. (This form is not posted online because it requires the Probate Register's signature. You must buy a paper copy form the Probate Court.)
Biological parents are entitled to receive notice of the change of name.
This notice may be waived by the parent by signing the probate form N-107 or the parents may sign the petition. (The interactive version of this form N-107 is posted at maineprobate.net; our "N-107" link takes you there.)
The probate office has the appropriate notice forms and can tell you how the notice is to be served. Most courts require the notice to be served personally by sheriff. However, some courts may require the notice to be given by certified, restricted delivery mail.
If the parent to be served is out of the state of Maine the notice is still served personally by sheriff. You are responsible for contacting the sheriff's department in the other state for their address and fees.
What if I do not know where the parent to be served is located?
If the whereabouts of the parent to receive notice is unknown, the Judge of Probate may require a special publication notice, a check with the 5 branches of the military service, and require you to file an affidavit of diligent search showing what you have done to locate the missing parent.
What if I do not know the name of the father?
If the name of the father is unknown, the Judge of Probate may ask to have a conference with the mother to determine how notice will be served.
What are the notice requirements for changes of name of an adult?
If you are married some courts may require your spouse to get notice. This notice may be waived by your spouse by signing the probate form N-107. Some courts may have a specific form for your spouse to sign so the court knows your spouse is aware of the name change. Again, check with the probate court in the county where you reside.
Note: The interactive version of this form N-107 is posted at maineprobate.net; our "N-107" link takes you there.
What happens once the fees are paid and papers are filed?
The Petition and supporting documents are recorded by the court on the docket. A return date is assigned.
The return date is the date that will be published in the newspaper and is the date that goes on any required notice.
In some courts the return date is when you need to come to court for a hearing. If someone comes to court on that date to object to the name change the Judge may hear it on that date.
In some courts the return date is used as the last date a person can file a written objection. Once the written objection is filed, the Court will set a different date for a contested hearing.
Next, the Petition is published in a newspaper of general circulation in the county where the petition is filed. The court will take care of the publication notice.
Required notices to a parent or spouse will either be:
- prepared and served by the probate court;
- prepared by the probate court and delivered back to you for you to make service; or
- you will be responsible for preparing and serving the appropriate notice.
You will need to contact the Probate Office in the county where you reside for the procedure practiced in that court.
Required notices must be served 14 days before the hearing date.
Do I need to come to the hearing?
Some probate courts require the attendance of the minor child and/or the petitioner(s).
Some probate courts do not require anyone to attend a hearing.
If the name change petition is contested (if someone objects) you will need to attend a hearing and present testimony to the Judge of Probate.
You will need to contact the Probate Office in the county where you reside for the procedure practiced in that court.
What do I need for proof of service?
Once the sheriff has served the parent to receive notice, the sheriff will fill out a form showing the date of service. The sheriff will return this form to you. You need to file it with the probate court.
Get a sample affidavit of mail service here. This is a .pdf file. Go here if you need help viewing it.
If service is made by certified, restricted delivery mail, an affidavit of service must be filed. You must attach a copy of the notice served along with the green return receipt card from the post office.
If it is the practice of the court to prepare and serve the notice, the court will be responsible for proof of service and you will not need to do anything.
What happens when the parent who receives notice does nothing?
The parent receiving notice must appear in court on the hearing date in the notice if that parent objects. The parent may file written objections, but the filing of such written objections will not substitute for appearance at the hearing unless the court so orders. The parent receiving notice may hire an attorney to represent them. A continuance of the hearing may be requested.
When the parent receiving notice does not respond, some courts require that person be defaulted. (That is, the court will assume that the parent does not object to the name change.) The appropriate form can be supplied by the probate office.
How do I change a birth record to reflect the name change?
There is no legal requirement at this time for you to change your birth record.
If the birth name is not being changed - a woman returning to her birth name after a divorce, for example - there is no need to change the birth record.
If the birth name is being changed - even if it's only a minor spelling change - you may want to consider amending the birth record.
If the birth took place in the State of Maine, the probate court can provide you with the form VS-14, Notification of Legal Change of Name. The probate court will forward this form to Vital Records in Augusta.
The fee for amending the birth record is currently $60.00. This fee is paid to the Treasurer, State of Maine. You will receive a new birth record directly from the Vital Records office.
If the birth took place outside the State of Maine you will need to contact the place of birth yourself to find out what is required of them to amend the birth record.
In Conclusion
The petition and other related documents are to be filed in the probate court in the county where you reside.
A hearing may be required depending on the circumstances of your particular petition. You will be notified of the time and date of hearing.
Go to contact listing for Maine Probate Courts
PTLA #341
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