Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Maine, the Maine Probate Code (Title 18-B) sets clear procedures to ensure estate expenses and creditor claims are resolved before heirs receive any assets. Below is a step-by-step overview:
1. Open Probate and Appoint a Personal Representative
The process begins when a petitioner files in the Maine probate court to open the decedent’s estate and appoint a personal representative (sometimes called an executor). The court issues Letters Testamentary or Letters of Administration to empower the representative to act on behalf of the estate. (See 18-B M.R.S. §§ 301–303.)
2. Inventory and Appraisal of Assets
The personal representative must compile an inventory of all estate assets and file it with the probate court. This inventory establishes the estate’s total value and helps determine funds available to pay liabilities.
3. Notice to Creditors
Under 18-B M.R.S. § 408, the personal representative must publish a notice to creditors in a local newspaper and mail direct notice to known creditors. Creditors then have six months from the date of first publication to submit claims. (18-B M.R.S. § 408.)
4. Filing and Reviewing Claims
Creditors file their claims according to 18-B M.R.S. § 607. The personal representative reviews each claim, approves valid claims for payment, and disputes or rejects any improper claims. (18-B M.R.S. § 607.)
5. Payment of Estate Expenses and Debts
Once claims are allowed, the personal representative pays administrative expenses (including court costs and funeral expenses), taxes, and approved creditor claims in the order of priority set by 18-B M.R.S. § 709. (18-B M.R.S. § 709.)
6. Final Accounting and Distribution
After settling all liabilities, the personal representative prepares a final accounting for the court. Once the court approves, the remaining assets are distributed to heirs according to the will or Maine’s intestacy statutes.
Helpful Hints
- Track all deadlines closely—missing a creditor’s deadline can delay the entire process.
- Maintain detailed records of all estate transactions and communications with creditors.
- Consult a probate attorney for large or complex estates to avoid procedural missteps.
- Notify heirs early to set expectations about timing and potential delays.
- Check whether the estate must file state or federal tax returns before distribution.