Detailed Answer
When someone dies intestate (without a will) in Maine, a minor beneficiary cannot directly receive or manage an inheritance. Maine law builds several safeguards to protect a minor’s share under Title 18-A (Probate Code) and Title 18-C (Uniform Transfers to Minors Act and Estates of Minors). Below is an overview of key steps:
1. Appointment of a Personal Representative
Under Maine’s intestacy rules, the probate court appoints a personal representative to collect and manage estate assets. The court follows Maine Revised Statutes Title 18-A §3-201. This fiduciary must secure and protect assets until distribution. [See 18-A §3-201](https://legislature.maine.gov/statutes/18-A/title18-Asec3-201.html).
2. Determining the Minor’s Share
Title 18-A §5-103 sets out who inherits when there’s no will. If the decedent’s child is under 18, that child still inherits by equal distribution with siblings or other heirs. [See 18-A §5-103](https://legislature.maine.gov/statutes/18-A/title18-Asec5-103.html).
3. Guardianship of the Minor’s Property
The court must appoint a guardian of the minor’s property if the inheritance exceeds $10,000. Under Title 18-C §5-101, a property guardian holds the funds until the minor reaches majority or another age directed by statute. [See 18-C §5-101](https://legislature.maine.gov/statutes/18-C/title18-Csec5-101.html).
4. Surety Bonds and Court Supervision
To ensure faithful performance, the court generally requires both the personal representative and the guardian of property to post a surety bond. Bond amounts follow Maine Rev. Stat. Title 18-A §3-401. The court also monitors accountings of receipts and disbursements. [See 18-A §3-401](https://legislature.maine.gov/statutes/18-A/title18-Asec3-401.html).
5. Uniform Transfers to Minors Act (UTMA)
To simplify management, parties may transfer the minor’s funds under Maine’s UTMA (Title 18-C §4-401). A custodian holds property until the minor turns 21, avoiding the need for a formal guardian of property, if properly executed. [See 18-C §4-401](https://legislature.maine.gov/statutes/18-C/title18-Csec4-401.html).
6. Final Distribution at Majority
Once the minor reaches the age of majority (18 for guardianship or 21 under UTMA), the guardian or custodian must distribute the remaining inheritance. See Maine Rev. Stat. Title 18-C §5-503 for required procedures. [See 18-C §5-503](https://legislature.maine.gov/statutes/18-C/title18-Csec5-503.html).
Disclaimer: This article is for informational purposes only. It does not constitute legal advice.
Helpful Hints
- Start probate as soon as possible to protect assets for the minor.
- Gather all financial records (bank statements, titles, insurance policies) early.
- Consider a UTMA transfer if you prefer a simplified custodianship.
- Ensure surety bonds are in place to satisfy court requirements.
- Track all expenses and distributions carefully; courts review accountings.
- Consult an attorney experienced in Maine probate to file the correct petitions.