How can I request an extension for filing a final accounting in probate in Maine?

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Detailed Answer

Under Maine law, a personal representative (formerly called an executor or administrator) must file a final accounting with the probate court within nine months after appointment, unless the court grants an extension. The key authority is Maine Revised Statutes, Title 18-C, §3-803, which requires the accounting and allows for additional time on petition. To request an extension, follow these steps:

  1. Confirm the deadline. The personal representative’s report and final accounting are due nine months after appointment. See 18-C M.R.S. §3-803.
  2. Evaluate grounds for extension. Common reasons include incomplete asset valuations, delayed tax clearances, creditor claims under review, or unforeseen personal circumstances. Courts grant extensions for good cause shown.
  3. Prepare a written motion. Draft a petition (often called a “Motion for Extension of Time to File Final Accounting”) stating:
    • The existing deadline.
    • Specific reasons for delay.
    • The additional time requested (e.g., 60 days).
  4. Attach supporting materials. Include any documents that explain the need for more time (e.g., appraisal reports in progress or correspondence with the IRS).
  5. Serve interested persons. Under Maine Rules of Probate Procedure, Rule 8 (M.R.Prob.P. 8), you must serve the motion and a notice of hearing on all beneficiaries and creditors at least seven days before any scheduled court date.
  6. Attend the hearing. The court may schedule a short hearing. Be prepared to explain the status of the estate, the reasons for delay, and the length of extension needed.
  7. Obtain the signed order. If the judge approves your request, the court will issue an order extending the deadline. File the order with the probate clerk and calculate the new filing date.

Helpful Hints

  • Start early: Anticipate delays by monitoring estate administration tasks weekly.
  • Communicate with beneficiaries: Keeping heirs informed can reduce objections to your extension motion.
  • Document everything: Keep records of notices, appraisals, and communications to demonstrate good cause.
  • Consider closing by affidavit: If the estate qualifies (assets under $100,000 and simple creditor situation), see 18-C M.R.S. §3-709 for “Closing by Affidavit” as a quicker alternative.
  • Consult local probate staff: Court clerks can explain procedural requirements and deadlines.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.