Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation.
When a Maine resident dies owning real estate located in another state, Maine courts generally lack direct authority to transfer that out-of-state property. If all heirs agree and formal ancillary probate may not be strictly required, you can often use streamlined procedures in the state where the property lies. Below are the typical steps under Maine law and general best practices.
1. Confirm Maine Probate Status
If the decedent’s Maine estate qualifies for summary administration, you can avoid a full probate in Maine. Under Title 18-B MRS §3-121, summary administration applies when personal property in Maine does not exceed $30,000. If you already obtained Maine summary letters or a certificate of appointment, those documents help establish heirship elsewhere.
2. Obtain Certified Documents
- Death certificate.
- Certified copy of Maine summary probate order or letters of appointment.
- A copy of the decedent’s last will (if any) and any heirship affidavits.
3. Research the Other State’s Small-Estate or Ancillary Procedures
Many states offer a small-estate affidavit or simplified ancillary probate if the real property value falls below a statutory threshold. For example:
- Some states permit an Affidavit of Heirship filed in the county recorder’s office.
- Others allow a Small Estate Affidavit to transfer title without full ancillary administration.
Check the county website or state code for that jurisdiction’s procedure, fee schedule, and value limits.
4. Prepare and File the Necessary Affidavit or Petition
When all heirs agree:
- Draft the affidavit or petition under the out-of-state form, naming all heirs and describing the property.
- Have each heir sign the document before a notary public.
- Attach the certified death certificate and Maine probate order.
- File with the county recorder (or probate court) where the property is located.
5. Record a New Deed
Once the court or recorder accepts the affidavit/petition, prepare a new deed transferring title from the decedent’s estate to the heirs. Have the deed signed, notarized, and recorded in the land records office.
6. Address Tax and Reporting Requirements
Some states require a transfer tax, filing of an inheritance tax return, or a report to their Department of Revenue. Confirm state and local rules to avoid penalties.
Helpful Hints
- Verify each heir’s identity with government-issued ID.
- Obtain multiple certified death certificates (often needed by recording offices).
- Check title on the day of filing to confirm no liens or encumbrances.
- Review the property description carefully to avoid recording errors.
- Consult a local attorney in the property’s state for complex or high-value transfers.