Detailed Answer
If you administer an estate in Maine, you must file probate court documents and publish a notice to creditors under the Maine Probate Code (Title 18-B of the Maine Revised Statutes). Below is a step-by-step guide:
1. File a Petition for Probate
- Prepare a petition (also called an application) to open the estate. Include the decedent’s full name, date of death, residence county, and whether there is a will.
- Attach the original will (if one exists) and a certified copy of the death certificate.
- File the petition and documents with the clerk of the Probate Court in the county where the decedent resided. Pay the applicable filing fee.
(18-B M.R.S. § 3-101)
2. Appointment of Personal Representative
- After reviewing the petition, the court issues Letters of Administration or Letters Testamentary to the personal representative.
(18-B M.R.S. § 3-204) - The personal representative must take an oath and file a bond if the court requires it.
3. Serve Notice on Interested Persons
- Mail a copy of the notice of administration to heirs, beneficiaries, and devisees within 30 days of appointment.
(18-B M.R.S. § 3-801) - File a certificate of mailing with the court.
4. Publish Creditor Notice in a Local Newspaper
- Within 14 days of appointment, publish a notice to creditors once a week for two consecutive weeks in a newspaper with general circulation in the county of administration.
(18-B M.R.S. § 3-802) - Include the estate name, personal representative’s name and address, and a deadline (not less than 90 days after first publication) for creditors to file claims.
- Obtain an affidavit of publication from the newspaper and file it with the Probate Court.
5. Handle Claims and File Inventory
- Creditors must submit written claims before the deadline. Review each claim promptly.
- File an inventory of estate assets with the court within 60 days of appointment.
(18-B M.R.S. § 3-602)
6. Close the Estate
- Pay valid debts and taxes from estate funds.
- Distribute remaining assets to heirs or beneficiaries.
- File a final accounting and petition for discharge of the personal representative.
(18-B M.R.S. § 3-901)
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Always consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Use the Probate Court’s website to download standard forms.
- Confirm publication guidelines with the newspaper before submission.
- Keep a detailed record of all mailings and publications.
- Monitor filing deadlines with a calendar or docket system.
- Consult a Maine probate attorney for complex estates or disputes.