Disclaimer: This content is for educational purposes only and does not constitute legal advice.
Understanding Intestate Succession in Maine
If someone dies without a valid will, they die “intestate.” Maine law sets a priority order for heirs in 18-A M.R.S. §2-101.
Detailed Answer
To determine who qualifies as intestate heirs of your father’s estate in Maine, follow these steps:
- Surviving Spouse: Under 18-A M.R.S. §2-102, a spouse inherits the entire estate if there are no surviving descendants from another relationship. If descendants exist, the spouse shares the estate with them.
- Descendants (Children, Grandchildren): If your father has no surviving spouse or shares with the spouse, his descendants inherit per stirpes under 18-A M.R.S. §2-103.
- Parents and Siblings: If no spouse or descendants exist, parents or siblings of the decedent inherit under 18-A M.R.S. §2-104.
- More Remote Relatives: Absent closer relatives, grandparents and then more distant kin inherit under 18-A M.R.S. §2-105.
- Escheat to State: If no heirs exist, the estate escheats to Maine under 18-A M.R.S. §2-110.
Gather vital records—death certificate, birth and marriage records—to verify each person’s relationship to your father. File a petition in the probate court of his last residence. Submit an heirship list with names, addresses and relationships. The court issues Letters of Administration to an eligible person, authorizing estate distribution.
Helpful Hints
- Consult Maine’s intestacy statutes at the official Legislature website.
- Prepare a detailed family tree to ensure you include all potential heirs.
- Obtain certified vital records early to avoid delays.
- Contact the local probate court clerk for filing requirements and fees.
- Consider legal advice if you encounter complex family dynamics or contested claims.