What information and duties is a personal representative required to provide to heirs in Maine?

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Detailed Answer

In Maine, a personal representative (sometimes called an executor or administrator) holds a fiduciary duty to manage the estate and keep heirs informed. The Maine Probate Code (Title 18-B of the Maine Revised Statutes) sets specific requirements:

1. Notice to Heirs (18-B M.R.S. § 3-705)

Within 30 days of appointment, the personal representative must mail each heir or beneficiary a notice that includes:

  • A copy of the will (if one exists).
  • The court name and address where the estate is being probated.
  • A statement that the heir may demand notice of later probate filings.

For full details, see section 3-705: https://legislature.maine.gov/legis/statutes/18-B/title18-Bsec3-705.html.

2. Inventory and Appraisal (18-B M.R.S. §§ 3-701 & 3-707)

The personal representative must compile an inventory of all probate assets and their values. The inventory must be filed within 90 days under § 3-701: https://legislature.maine.gov/legis/statutes/18-B/title18-Bsec3-701.html. If an heir submits a written request, the representative has 30 days to provide a copy per § 3-707: https://legislature.maine.gov/legis/statutes/18-B/title18-Bsec3-707.html.

3. Accounting to Heirs (18-B M.R.S. § 3-709)

Upon request or before distribution, the personal representative must prepare and file a detailed accounting. It must show all receipts, disbursements, fees, and transactions. See § 3-709: https://legislature.maine.gov/legis/statutes/18-B/title18-Bsec3-709.html.

4. Fiduciary Responsibilities

The personal representative must act in good faith, avoid conflicts of interest, keep estate funds in a separate account, and follow all court orders and statutory deadlines.

Helpful Hints

  • Send all statutory notices by certified mail to track delivery.
  • Keep a detailed log of inventory and expenses with receipts.
  • Use Maine Probate Court forms when available to ensure compliance.
  • Respond promptly to heir requests to avoid court sanctions.
  • Consult the local probate court rules for filing requirements and fees.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on 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The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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.