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Maine Order to Establish Title to Property by Reference to an Unprobated Will of Decedent

State:
Maine
Control #:
ME-AR-192-02
Format:
PDF
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A02 Order to Establish Title to Property by Reference to an Unprobated Will of Decedent

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FAQ

If you are named in someone's will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate.

Adjective. North American Law. Of a will or similar document: not probated.

Probate is the only legal way to transfer the assets of someone who has died. Without probate, titled assets like homes and cars remain in the deceased's name indefinitely. You won't be able to sell them or keep registrations current because you won't have access to the individual's signature and consent.

Probate is required when an estate's assets are solely in the deceased's name. In most cases, if the deceased owned property that had no other names attached, an estate must go through probate in order to transfer the property into the name(s) of any beneficiaries.

Probate is the process through which a court determines how to distribute your property after you die. Some assets are distributed to heirs by the court (probate assets) and some assets bypass the court process and go directly to your beneficiaries (non-probate assets).

Write a Living Trust. The most straightforward way to avoid probate is simply to create a living trust. Name Beneficiaries on Your Retirement and Bank Accounts. For some, a last will is often a better fit than a trust because it is a more straightforward estate planning document. Hold Property Jointly.

Non-probate assets are property that doesn't need to go through the probate process after you die and will instead pass directly to your heirs. Owning non-probate property is one of the easiest ways to avoid the costly and time-consuming probate process.

Probate is the analysis and transfer administration of estate assets previously owned by a deceased person. When a property owner dies, his assets are commonly reviewed by a probate court.

Probate is required to transfer property out of a deceased individual's name and into the name of a living beneficiary when the asset is not set up to transfer directly by operation of law.

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Maine Order to Establish Title to Property by Reference to an Unprobated Will of Decedent