Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Intestate succession applies when someone dies without a valid will. In Maine, the rules for distributing the probate estate are set out in Title 18-A, §2-102 of the Maine Revised Statutes. Under these rules, if the decedent leaves no surviving spouse but does leave children, the entire probate estate passes to those children.
Key steps in Maine intestate succession:
- Appointment of Personal Representative. A family member or other interested person petitions the probate court to be appointed. The representative gathers assets, pays debts and taxes, and distributes the remaining estate.
- Asset identification and valuation. The representative inventories all probate assets (bank accounts, real estate, personal property) and obtains appraisals if needed.
- Payment of debts and expenses. Creditors must be notified. Outstanding debts, funeral costs and administration expenses are paid from the estate first.
- Distribution to children. With no spouse, Title 18-A, §2-102(2) provides that “the issue of the decedent” inherit the entire estate. In a case with two children, each child receives an equal one-half share.
For the official statute, see Title 18-A §2-102, Maine Revised Statutes.
If the children are minors, the court may require a guardian or conservator to manage their share until they reach age 18. The personal representative should discuss any minor-child distribution with the probate court.
Helpful Hints
- Confirm whether a valid will exists before starting the process.
- Gather all financial records and property deeds early.
- File required probate forms promptly to avoid delays.
- If heirs include minors, prepare for guardianship or trust arrangements.
- Consider consulting a Maine-licensed attorney for complex estates or disputes.