Get Sworn Statement To Close

In Maine, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

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.

The executor will file the tax return and pay any taxes owed as well as other outstanding debts. Once all bills are paid, the executor can file for probate to be closed and distribute all remaining assets to the heirs.

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.

When the estate includes real property, the register of the probate court is required to record a certificate with the register of deeds pursuant to 18A M.R.S. § 1-504. Permission to sell property must be granted to the personal representative by the decedent's will.

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.

What must I do to close the estate? The Personal Representative must file a final account, report and petition for final distribution, have the petition set for hearing, give notice of the hearing to interested persons, and obtain a court order approving the final distribution.

An estate in unsupervised administration can be closed by filing a “Sworn Statement to Close Unsupervised Administration” (PC591), or a “Petition for Adjudication of Testacy and Complete Estate Settlement” (PC594), or a “Petition for Complete Estate Settlement, Testacy Previously Adjudicated” (PC593).