A Maine Intestate Petition (Formal Estate) is a legal document that is used to establish the validity of an estate in the state of Maine when the deceased had no will when they died. This type of petition is typically filed by an heir, personal representative, or other interested party with the Register of Probate in the county where the deceased resided. The petition is used to determine the lawful distribution of an estate’s assets to the rightful heirs of the deceased. The two main types of Maine Intestate Petition (Formal Estate) are Formal Administration and Non-Formal Administration. Formal Administration is the most common type of petition and is used when there is an estate of a substantial value that needs to be distributed. In this type of petition, the assets are distributed in accordance with the law of intestacy, which is set out in the Maine Revised Statutes. Non-Formal Administration is used when the estate is small and the assets do not need to be distributed in accordance with the law of intestacy. In this type of petition, the assets are distributed in accordance with the wishes of the deceased, as expressed in any written instruments, such as a will or trust.
Maine Intestate Petition (Formal Estate)
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FAQ
Probate is the legal process that takes place after someone dies. To start the probate process, you need to file an ?Application for Probate? in the probate court in the county where the decedent lived. In Maine, each county has its own probate court. If there is a Will, it needs to be submitted to the probate court.
Under current law, an estate whose value, less liens and encumbrances, is $20,000 or less can be claimed by the successor entitled to it with a simple affidavit, i.e. without the necessity for probate proceedings.
Dying without a Will in Maine If there isn't a will, the probate court will appoint a personal representative, who has the legal authority to gather and value assets owned by the estate, pay bills and taxes owed by the estate, and finally, distribute the assets to the heirs or beneficiaries.
Maine probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
Formal testacy proceeding is the process by which a person is appointed by the. court, after notice and hearing and granted authority to administer an estate for the decedent who left a will.
Does every estate have to go through probate? No. Certain kinds of property can be passed without going through probate. Property owned with a ?Right of Survivorship? automatically transfers to the joint owner at death and that person owns the property fully.
Once the assets have been distributed, the Personal Representative prepares a final account of all income, expenses, and distributions, and distributes the account to the beneficiaries. Finally, the Personal Representative closes the estate by filing a "Sworn Statement" with the Probate Court.
How Long Do You Have to File Probate After a Death in Maine? Probate must be filed within three years of the person's death as listed in the Maine Code Title 18-C Section 3-108. There are a few exceptions where probate would be accepted after this deadline.