Disclaimer: This is general information, not legal advice. For guidance about a specific estate, consult a Maine probate attorney.
Detailed Answer
When an estate has paid all taxes, valid creditor claims, and administrative expenses, the personal representative (executor or administrator) may distribute the remaining funds to the decedent’s children. The steps below describe the typical process under Maine law and the options you are likely to encounter.
1. Who makes the distribution
The person authorized to distribute estate property is the personal representative named in the will or appointed by the probate court. The representative should hold official letters (letters testamentary or letters of administration) from the Maine probate court before making distributions.
2. Confirm that debts, taxes, and expenses are fully resolved
Before any distribution, the representative must
- collect and inventory estate assets;
- pay funeral expenses, administration costs, and necessary taxes (final income taxes and any estate tax returns if required);
- resolve or allow time for creditor claims and liens to be presented; and
- clear any mortgages, tax liens, or other encumbrances on estate property.
The representative should retain documentation of payments and releases for the estate record.
3. Final accounting and court filing (when required)
In many Maine probate matters the representative prepares a final accounting that shows receipts, disbursements, taxes paid, and the proposed distribution. The representative files this accounting with the probate court and provides notice to interested persons. The court may review and approve the accounting before distribution. See Maine probate resources for practical forms and steps at the Maine Judicial Branch probate pages.
Reference: Maine probate law appears in Title 18-B of the Maine Revised Statutes. See the Maine statutes index for Title 18-B for the Probate Code: https://legislature.maine.gov/statutes/18-B/
4. Distribution rules: will versus intestate succession
If the decedent left a valid will, the representative must distribute remaining estate property according to the will’s directions (subject to any lawful claims or family/creditor rights). If the decedent died without a valid will, Maine’s intestacy rules determine who inherits and in what shares.
Briefly under Maine’s intestacy rules, surviving children are primary heirs if there is no surviving spouse. If there are multiple children, the estate typically divides among them. If a child predeceased the decedent but left descendants, those descendants often inherit the deceased child’s share under representation rules. For the specific statutory language on intestate succession, consult Title 18-B of the Maine Revised Statutes: https://legislature.maine.gov/statutes/18-B/
5. Special issues to watch for
- Minor beneficiaries: If a child is a minor, the court may require that their share be held in custody, guardianship, or transferred under Maine’s custodial/transfer statutes until majority. Talk with the probate clerk or an attorney about custodial transfer options.
- Designated-beneficiary assets: Accounts or policies that name beneficiaries (payable-on-death, transfer-on-death, life insurance, retirement accounts) generally pass outside probate directly to the named beneficiaries and are not part of the distributable probate estate.
- Predeceased or disinherited children: The will controls in most cases. If a child believes they were wrongly excluded or the will is invalid, they may contest the will under Maine law—but contests have strict procedures and deadlines.
6. Making the distribution
When the representative has authority (either by court approval or by statute) and all liabilities are resolved, they may transfer funds or property to the children in the shares required by the will or intestacy. The representative should obtain receipts or written acknowledgements from each beneficiary, keep copies for estate records, and file any required final documents with the probate court to close the estate.
7. Closing the estate
After distribution, the representative files a final accounting or closing papers with the probate court. The court may issue a discharge or other order relieving the representative of further liability, provided the accounting and distributions comply with Maine law.
Helpful Hints
- Open a separate estate bank account to keep estate funds separate from personal funds.
- Keep detailed records and receipts for every payment, tax return, and distribution.
- Check beneficiary designations early. Some property may bypass probate.
- If a child is under 18, research custodial or guardianship options so their inheritance is protected.
- Consider getting a tax professional to prepare final income and any necessary estate tax returns.
- Communicate clearly with the children and other heirs about timing, tax consequences, and documentation so there are fewer surprises.
- If the estate is complex (real estate, business interests, out-of-state assets, contested claims), consider hiring a Maine probate attorney.
- Use Maine probate resources: Maine Revised Statutes Title 18-B (Probate Code) for statutory rules: https://legislature.maine.gov/statutes/18-B/ and Maine Judicial Branch probate resources for practical guidance: https://www.courts.maine.gov/selfhelp/probate/
Every estate is different. The representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries. When in doubt about interpretation of a will, intestacy shares, tax obligations, or the need for court approval, consult a Maine probate attorney or the probate court clerk.