Detailed Answer
When someone dies without a will in Maine, the personal representative must identify, inventory, and distribute both real and personal property under the Maine Uniform Probate Code (Title 18-A). Here’s how the process typically unfolds:
1. Identifying Real Property
The personal representative searches the decedent’s records for deeds, mortgage statements, and title insurance. They check the county Registry of Deeds to confirm ownership and any liens. Any real estate—homes, land, rental properties—must be located and valued.
2. Identifying Personal Property
Personal property includes bank accounts, investments, vehicles, jewelry, household items, and digital assets (e-mail, online accounts). The representative reviews mail, bank statements, insurance policies and safe-deposit box access to list all items and account balances.
3. Inventory and Appraisal
Under 18-A M.R.S. §3-704, the representative must file a detailed inventory with the probate court within 90 days of appointment (18-A M.R.S. §3-704). Real estate is appraised by a licensed real estate appraiser. Personal property may be appraised by a qualified appraiser or valued at fair market value.
4. Distribution Under Intestacy
Once debts, taxes and expenses are paid, the remainder passes to heirs in the order set by 18-A M.R.S. §2-103 (18-A M.R.S. §2-103):
- If there’s a surviving spouse and no descendants, the spouse receives the entire estate.
- If a spouse and descendants exist (all descendants are also descendants of the surviving spouse), the spouse takes the first $100,000 plus half the balance; the rest divides among descendants.
- If there’s no spouse but descendants, the entire estate goes to descendants equally.
- If there’s no spouse or descendants, parents inherit; if none, then siblings, more distant relatives, or the State by escheat (18-A M.R.S. §2-110).
Real estate passes by a court-approved deed. Personal property is transferred by written order or direct delivery to heirs.
Disclaimer: This is for educational purposes and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Gather deeds, account statements, and insurance policies early.
- Keep a running list of assets and their locations.
- Engage appraisers promptly to meet court deadlines.
- Understand Maine’s intestacy order in 18-A M.R.S. §2-103 before distributing.
- Consult probate court rules for filing requirements and deadlines.