Disclaimer: This article is for educational purposes only and is not legal advice.
Detailed Answer
Starting estate administration in Maine requires gathering specific documents and certificates. These materials prove authority, detail assets and debts, and ensure compliance with Maine’s probate rules.
1. Certified Death Certificate
Obtain at least 10 certified copies from the Maine Department of Health and Human Services, Office of Vital Records. Certified death certificates are required to transfer real estate titles, close bank accounts, and file probate documents. See Maine Vital Records.
2. Original Will and Codicils
Secure the decedent’s original will, codicils, and any amendments. File these with the Probate Division of the Maine Superior Court in the decedent’s county of residence when petitioning for appointment of a personal representative. See 18-B MRS §302.
3. Letters Testamentary or Letters of Administration
After filing the will and petition, the court issues either Letters Testamentary (if a will exists) or Letters of Administration (if there is no will) under 18-B MRS §311–§312. These documents appoint the personal representative and authorize estate administration. See 18-B MRS §311 and 18-B MRS §312.
4. Asset Documentation
Compile records for all assets, including:
- Real estate: deeds, mortgage statements, and property tax records.
- Financial accounts: bank statements, brokerage and mutual fund statements.
- Insurance and retirement: policy contracts, beneficiary forms, and account statements.
- Business interests: partnership agreements and stock certificates.
5. Tax Records
Gather federal and state income tax returns for the last three years and any gift tax filings. These records help prepare the decedent’s final returns and any required estate tax filings in Maine.
6. Debts and Liabilities
Collect documentation on outstanding debts, including credit card statements, loan agreements, and medical bills. The personal representative must inventory these obligations under 18-B MRS §308.
Helpful Hints
- Order multiple certified death certificates—one copy per institution.
- Search the decedent’s safe deposit boxes and digital accounts for hidden assets.
- Contact banks and title companies early to learn their specific probate requirements.
- Consider a probate orientation class offered by Maine courts.
- Keep detailed records of every document filed and every expense paid.