Maine Order - Formal Probate Only or Formal Probate With Appointment
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FAQ
Informal probate is handled by a magistrate, not a judge. There are no hearings. It is a simple, straightforward, expedited process. In fact, informal probate can be completed in as little as seven days after a loved one's death.
Is Probate Required in Maine? Much of the time, probate will be necessary for estates in Maine. The court is required to ensure the assets of the estate are handled as directed by the will or by state law. Some assets may be exempt from probate with automatic transfer to the heirs.
As the applicant, you must pay a filing fee based on the estimated value of the probate estate. The fee varies depending on the size of the estate from $20.00 for an estate of $10,000 or less to $950.00 for an estate of $2,000,000 plus $100.00 for each additional $500,000.
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. The probate judge will decide whether or not the Will is valid.
In general, there are two types of probate formal and informal. Formal probate is what most people think about when they hear the word probate.
If you reside in Maine, and die without a will, your property is said to pass by intestacy, and Maine law will decide how your property, called your probate estate, will be distributed. How much of your estate your spouse will receive depends on who else in your family survives you.
Informal probate allows the estate to be probated through an administrative process without any court involvement and no court hearings. The estate is opened by an application and can be opened the day that the application is filed, or within a few days.
Formal probate involves a petition , a hearing or trial before a Judge or Court Commissioner who resolves the issues with a final court order . Informal Probate only requires an application, no hearing or trial, and is administered by a court official known as the Probate Registrar .
Informal Probate Vs. Formal Probate. According to Massachusetts law, informal probate is only applicable when all the beneficiaries and heirs agree to the decedent's division of assets. In case of disagreement between the beneficiaries, formal probate is needed for dividing assets.
