Probate in Maine | ME Legal Resources | FastCounsel

What steps are required to file probate court documents and publish creditor notices in Maine

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. […]

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How to Determine if a Transferred Vehicle Must Be Treated as Estate Property After a Decedent’s Death in ME

Detailed Answer When someone dies in Maine, vehicles may or may not pass through probate. To decide if a car becomes estate property, review its title status, beneficiary designations, and ownership structure. 1. Check Title and Registration Examine the vehicle's title on file with the Maine Bureau of Motor Vehicles. If the title names more […]

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How to Determine the Proper Venue for Opening or Transferring a Decedent’s Estate in ME

Detailed Answer When someone dies, choosing the correct venue ensures the probate court has authority to open or transfer the decedent’s estate. In Maine, the rules appear in the Maine Revised Statutes, Title 18-A. 1. Initial Probate Venue Under Maine Revised Statutes Title 18-A, §3-201(a), the proper venue is: The probate district where the decedent […]

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Should an Executor Confirm Available Estate Funds Before Settling a Creditor Claim in ME?

Disclaimer: This article is for educational purposes and does not constitute legal advice. Please consult a qualified attorney to address specific legal issues. Detailed Answer As an executor (personal representative) under Maine probate law (Title 18-B of the Maine Revised Statutes), you must confirm that the estate has sufficient funds before settling any creditor’s claim. […]

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What steps should be taken to negotiate and settle a creditor claim during probate in Maine?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance specific to your situation. Detailed Answer When a person dies in Maine, the personal representative (formerly executor or administrator) must resolve any creditor claims against the estate before distributing assets to heirs. Under Maine […]

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What Documentation Should an Executor Gather to Respond to a Creditor’s Settlement Demand? – ME

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a creditor submits a settlement demand against an estate in Maine, the executor (or personal representative) must gather specific documentation to verify the claim and determine how to respond. Under Maine Probate Code §§3-803 and 3-805, you should […]

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How to Access and Withdraw Money from a Deceased Person’s Bank Account During Probate in Maine

Detailed Answer When someone dies, their bank accounts typically become part of the probate estate in Maine. Only the court-appointed personal representative (often called an executor or administrator) can legally access and withdraw those funds. Here’s how the process works under Maine law: 1. Identify Assets and Gather Documents Locate all bank statements and account […]

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Factors That Determine the Total Cost of Administering an Estate in Maine

Detailed Answer Administering an estate in Maine involves multiple steps and fees. The total cost depends on factors such as estate size, asset types, professional services, court fees, and potential creditor claims. Here’s a breakdown: 1. Estate Size and Complexity Larger estates with diverse assets (real estate, businesses, retirement accounts) require more time to inventory, […]

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What steps are needed to seek guardianship or conservatorship for an incapacitated relative in Maine?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. Detailed Answer Understanding Guardianship vs. Conservatorship in Maine In Maine, a guardianship covers personal decisions for an incapacitated person (health care, living arrangements), while a conservatorship manages the person’s financial affairs. […]

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Which Documents and Certificates Should I Collect to Begin Estate Administration in Maine?

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 […]

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