Maine Petition for Probate

Introduction

Key Things to Know

1. 1

   Filing: informal application for probate of will or appointment of personal representative (DE-201(I); intestate DE-101(I)) to the Register of Probate, or formal petition (DE-201; intestate DE-101) heard by the probate judge, in the County Probate Court where the decedent lived at death (18-C M.R.S. §§3-201, 3-301, 3-401). The probate courts publish these forms, and the court's form controls over any draft.

2. 2

   No one has authority over estate assets until the court appoints a personal representative and letters issue (§3-103). Being named executor in a will does not by itself allow anyone to collect assets, pay debts or transfer property. Do not distribute, pay heirs or sell estate property before appointment or before the creditor period runs.

3. 3

   Probate or appointment generally may not be commenced more than 3 years after the decedent's death, subject to exceptions (§3-108). One exception allows a late proceeding if no succession or administration proceeding occurred within the 3 years, but then the representative has limited powers; another allows a testacy proceeding to establish an instrument controlling nonprobate property passing under the will. Anyone holding a will must deliver it with reasonable promptness to a person able to secure its probate or to an appropriate court, with no day count stated (§2-515).

4. 4

   Priority to serve: the person with priority under a probated will, then a surviving spouse who is a devisee, other devisees, a surviving spouse, other heirs, and later a creditor or the State Tax Assessor (§3-203(1)). A spouse who is not a devisee ranks below the devisees. A person must be 18 or older and not found unsuitable by the court. No separate nonresident rule is stated here, so ask the Register of Probate. In an informal appointment the register acts only if at least 120 hours have passed since death. Appointment is not guaranteed.

5. 5

   Notice: for informal probate, notice goes to anyone who filed a demand for notice and to any heir, devisee or personal representative who has not waived notice, and to the Department of Health and Human Services if the decedent was 55 or older (§3-306). Within 30 days after appointment the representative sends information of the appointment by ordinary mail to heirs and devisees (§3-705). Formal proceedings require a hearing and notice set by the court (§3-403).

6. 6

   Creditors: on appointment the representative publishes a notice to creditors once a week for 2 successive weeks in a newspaper in the decedent's county; claims are barred unless presented within 4 months after first publication (§3-801). Known creditors given mailed notice have the later of that period or 60 days after the mailing. Claims arising before death are barred unless presented within the earlier of 9 months after death or the notice period (§3-803).

7. 7

   Bond is not required in informal proceedings unless the will expressly requires it, the appointee is a special administrator, or an interested person demands it; in formal proceedings the court may order it, and even where the will relieves bond the court may require it if an interested party asks and the court finds it desirable (§3-603). A person with an interest, or a creditor with a claim, over $5,000 can demand bond in writing (§3-605). Not every estate needs probate: see the small-estate-affidavit page, and ask the Register of Probate whether informal or formal administration fits.

Maine Requirements for Petition for Probate

• Informal Application or Formal Petition

  Maine offers an informal application to the Register of Probate and a formal petition heard by the probate judge. Probate and appointment can be one filing in either track (18-C M.R.S. §§3-301, 3-401).

• County Probate Court Where Decedent Lived

  Filing goes to the County Probate Court in the county where the decedent was domiciled at death, or for a nonresident decedent any county where property was located (18-C M.R.S. §3-201(1)).

• Official Probate Forms

  The Maine probate courts publish forms DE-201(I), DE-101(I), DE-201 and DE-101. The court's form controls over any draft.

• 3 Year Limit to Start Probate

  Probate or appointment may not be commenced more than 3 years after the decedent's death, with exceptions and limited powers for a late proceeding (18-C M.R.S. §3-108(1)).

• Will Delivery Duty

  A person with custody of a will must deliver it with reasonable promptness to a person able to secure its probate or to an appropriate court (18-C M.R.S. §2-515).

• Order of Priority to Serve

  Priority runs from the person under a probated will, a spouse who is a devisee, other devisees, a spouse, other heirs, then later a creditor or the State Tax Assessor. A person must be 18 or older and not found unsuitable (18-C M.R.S. §3-203(1), (6)).

• Notice to Heirs and Devisees

  Within 30 days after appointment the representative sends information of the appointment by ordinary mail to heirs and devisees (18-C M.R.S. §3-705).

• Creditor Notice and 4 Month Claims Period

  The representative publishes notice once a week for 2 successive weeks. Claims are barred unless presented within 4 months after first publication, or for a creditor sent mailed notice the later of that period or 60 days after mailing. Claims arising before death are barred unless presented within the earlier of 9 months after death or the notice period (18-C M.R.S. §§3-801, 3-803(1)).

• Bond Only When Required

  Bond is not required in informal proceedings unless the will requires it, a special administrator is appointed, or an interested person demands it. A holder of an interest or claim over $5,000 can demand bond (18-C M.R.S. §§3-603, 3-605).