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Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

When a person passes away owning real property in Maine, you must include that property in the probate estate before transferring or selling it. Below are the key steps under Maine law.

1. Determine the Property Interest

Review how the decedent held title. Joint tenancy or tenancy by the entirety may automatically pass to the surviving owner. Sole ownership and tenancy in common require probate. If the decedent named a beneficiary via a transfer-on-death deed, follow Title 18-B §3-201 of the Maine Probate Code.

2. File for Probate and Appointment

Submit a petition for probate with the probate court in the county where the decedent lived. For informal probate, file under Title 18-B §3-101 and §3-102, attaching a certified death certificate.

3. Inventory the Real Property

Within 90 days of appointment, the personal representative must file an inventory listing all estate assets, including real property, per Title 18-B §3-205. Provide a legal description and fair market value.

4. Notify Creditors

Publish notice to creditors and send direct notices to known creditors under Title 18-B §3-801. This process allows creditors to file claims against the estate before distribution.

5. Obtain and Record Letters of Appointment

After court approval, receive letters of appointment. Record the personal representative’s certificate at the county registry of deeds to confirm authority to manage the real property (Title 18-B §3-207).

6. Transfer or Distribute the Property

Once debts and taxes are settled, the personal representative executes a deed transferring the property to heirs or purchasers. Record the deed in the registry of deeds to complete the transfer.

Helpful Hints

• Gather the deed, survey, and tax records early in the process.
• Confirm the ownership type (sole vs. joint) before initiating probate.
• Hire a qualified appraiser to determine fair market value.
• File the inventory within 90 days to avoid court penalties.
• Record all probate documents promptly at the local registry of deeds.
• Consider consulting a Maine probate attorney for complex or high-value estates.