Detailed Answer
Step 1: Identify Heirs Under Maine Intestacy Law
When someone dies without a will (intestate) in Maine, Title 18-A M.R.S. §2-102 sets the order of inheritance. If there is no surviving spouse, all children inherit the real estate equally per stirpes. If there is a spouse and children, the spouse receives one-half of the real property and the children share the other half equally. For full intestate distributions, see 18-A M.R.S. §2-102.
Step 2: Open a Probate Administration
To transfer title, you must open a probate estate in the county District Court or Superior Court. An heir petitions the court to be appointed as the personal representative (administrator). The court issues letters of administration giving authority to manage and distribute estate property.
Step 3: Value and Inventory Estate Assets
The administrator inventories all estate assets, including the home’s fair market value. The administrator pays debts and taxes from estate assets before distribution.
Step 4: Petition for Distribution of Real Property
After debts are resolved, the administrator petitions the court for an order of distribution. The court issues a decree confirming each heir’s share of the home under §2-102.
Step 5: Execute and Record a Deed
Once the court signs the distribution order, the administrator prepares a deed transferring the home to the heirs in their respective shares. All heirs (or the administrator on their behalf) sign this deed. The deed is then recorded at the county Registry of Deeds to complete title transfer.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Maine to address specific circumstances.
Helpful Hints
- Check for small-estate procedures: Maine allows simplified administration for estates with low asset values—this may speed up the process.
- Gather a certified copy of the death certificate before filing probate paperwork.
- Communicate openly with all heirs to avoid misunderstandings and potential disputes.
- Consider a boundary or title survey if the property’s legal description is unclear.
- If heirs cannot agree on sale vs. co-ownership, one heir can file a partition action in court.