Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Maine attorney for guidance on your specific situation.
Detailed Answer
When someone dies in Maine, their estate goes through a legal process called probate. The personal representative (also known as an executor) handles locating assets, notifying creditors, settling debts, and distributing property. Below are the typical steps under Maine law, with relevant statute citations.
Step 1: Secure and Identify Assets
- Gather bank accounts, real estate deeds, vehicles, investment statements, insurance policies and personal property.
- Check the decedent’s safe deposit box and mail for statements or valuable items.
Step 2: File a Petition for Probate
- Submit a petition with the probate court in the county where the decedent lived.
- The court appoints a personal representative and issues Letters Testamentary or Letters of Administration. (18-C M.R.S. §2-101: legislature.maine.gov/statutes/18-C/title18-Csec2-101.html)
Step 3: Notify Heirs and Creditors
- Provide written notice to known heirs and beneficiaries.
- Publish a notice to creditors in a local newspaper to allow unknown creditors to file claims. (18-C M.R.S. §3-302: legislature.maine.gov/statutes/18-C/title18-Csec3-302.html)
Step 4: Inventory and Appraise Estate Assets
- Prepare an inventory listing all probate assets, their descriptions and fair market values.
- File the inventory with the probate court, typically within three months of appointment. (18-C M.R.S. §3-802: legislature.maine.gov/statutes/18-C/title18-Csec3-802.html)
Step 5: Review and Pay Debts and Taxes
- Creditors must present claims within six months after the first publication of notice. (18-C M.R.S. §3-304: legislature.maine.gov/statutes/18-C/title18-Csec3-304.html)
- Validate, then pay funeral expenses, taxes and allowed creditor claims in the order required by law. (18-C M.R.S. §3-801: legislature.maine.gov/statutes/18-C/title18-Csec3-801.html)
Step 6: Distribute Remaining Assets
- After debts and expenses are paid, distribute property to beneficiaries under the will or Maine’s intestacy rules if no will exists.
- Prepare a proposed distribution plan and obtain court approval. (18-C M.R.S. §2-802: legislature.maine.gov/statutes/18-C/title18-Csec2-802.html)
Step 7: Final Accounting and Close the Estate
- File a final accounting showing all receipts, disbursements and distributions.
- Obtain a court order closing the estate and discharging the personal representative. (18-C M.R.S. §2-803: legislature.maine.gov/statutes/18-C/title18-Csec2-803.html)
Helpful Hints
- Keep careful records of all transactions and communications.
- Use certified mail when notifying creditors and heirs to create proof of delivery.
- Obtain probate court deadlines early in the process to avoid missing filing dates.
- Consider hiring an appraiser for valuable personal property or real estate.
- Consult a probate attorney if you face disputes or complex assets, such as businesses or out-of-state property.