Understanding Maine’s Informal Versus Supervised Probate Administration
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Although some states historically distinguished between common and solemn form probate, Maine law uses a different two-track system: informal probate administration and supervised (formal) probate administration. Both routes open a decedent’s estate in Probate Court, but they differ in court oversight, filing requirements, and timing.
1. Informal Probate Administration
- Purpose: Expedite estate settlement without ongoing court supervision.
- Filing Requirements: An executor or administrator files a petition, death certificate, and an inventory only if required by local court rule. Maine Probate Code §2-901 allows use of sworn statements for small or uncomplicated estates (18-A §2-901).
- Court Oversight: Limited to initial qualification. After appointment, the personal representative handles asset collection, creditor notices, and distribution with minimal further filings.
- When to Use: Estates with clear asset titles, no real property disputes, few creditors, and beneficiaries in agreement.
2. Supervised (Formal) Probate Administration
- Purpose: Provide court oversight for complex estates or disputes.
- Filing Requirements: Petition, death certificate, detailed inventory, creditor list, and bond (if required). Maine Probate Code §3-401 outlines inventory standards (18-A §3-401).
- Court Oversight: Ongoing. The personal representative must submit inventories, accountings, and notices. The court approves distributions.
- When to Use: Estates with real property, creditor disputes, ambiguous wills, missing beneficiaries, or when the court or interested parties request formal supervision.
Key Differences at a Glance
| Feature | Informal Administration | Supervised Administration |
|---|---|---|
| Court Oversight | Limited to appointment | Ongoing—inventory, accountings, distributions |
| Required Filings | Petition; minimal inventory | Detailed inventory; bond; creditor notices; accountings |
| Speed | Faster; fewer hearings | Slower; requires hearings and approvals |
| Cost | Lower court fees and legal costs | Higher due to formal reporting and hearings |
Helpful Hints
- Review Maine’s Probate Code (Title 18-A) for specific procedural rules.
- Consult Probate Court staff for local filing requirements and forms.
- Determine estate complexity early to choose the right administration route.
- Notify all heirs and creditors promptly to avoid objections.
- Keep clear records of asset valuations and distributions.