Detailed Answer
Under Maine’s Probate Code, a surviving spouse or family member may claim a year’s allowance for support. See 18-C §3-101. This allowance is paid from the decedent’s personal property before distribution to heirs.
When you petition for a year’s allowance, you must file an inventory of the decedent’s assets with the probate court. Maine law requires the personal representative to submit an inventory listing all personal property within four months of appointment. See 18-C §3-507. The inventory typically includes assets such as bank accounts, vehicles, furniture, jewelry, and other tangible or intangible property.
Even if certain items are exempt from creditors, they still must appear on the inventory. Exempt property does not reduce the amount of the year’s allowance, but the court needs a complete view of the estate. If the estate qualifies for summary administration (total personal property under $40,000), you may file an affidavit instead of a full probate petition. See 18-C §3-512. However, you still list personal property in that affidavit.
In practice, gather records of bank statements, appraisals for valuable items, and titles for vehicles or securities. Submit these documents with your petition so the court can calculate and approve the allowance efficiently.
Helpful Hints
- Start your inventory early: include all personal assets like electronics, artwork, and digital accounts.
- Obtain professional appraisals for jewelry or antiques to ensure accurate values.
- Even exempt items (like a single vehicle or household furnishings) must appear on the inventory.
- File the inventory within four months of appointment to avoid penalties under 18-C §3-507.
- Consider summary administration if total personal property is under $40,000 to simplify the process.
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney for personalized guidance.