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Maine Sworn Closing Statement by Representative - Small Estates

State:
Maine
Control #:
ME-ET20
Format:
Word; 
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Description

Under Maine statute, if the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative of the decedent may distribute the assets of the estate immediately, without a court filing or additional notice to other parties. After distributing the assets of the estate, the estate may be closed by the filing of a verified closing statement.

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FAQ

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.

However, being an executor can be a time-consuming job that can take weeks or even months. That's why most executors are entitled to receive some sort of payment for their services, either through the terms of the will or by state law.

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.

In Maine, each county has its own probate court. If there is a Will, it needs to be submitted to the probate court.If the decedent did not have a Will, the estate is distributed according to Maine's intestacy law. The probate court will supervise the Personal Representative during the probate process.

A personal representative in California is entitled to compensation for ordinary services provided to the estate. California Probate Code § 10800. These fees are also called statutory fees, because they are provided by statute.

A personal representative is appointed by a judge to oversee the administration of a probate estate.When a personal representative is nominated to the position in a will, he's commonly called the executor of the estate.

The executor is entitled to 5% of the first $200,000 of corpus; 3.5% of the excess over $200,000 up to $1,000,000; and 2% of the excess of the corpus over $1,000,000. From a practical standpoint, using my example of a $400,000 estate, my hypothetical executor would be entitled to a commission of $17,000.

Notify all creditors. File tax returns and pay final taxes. File the final accounting with the probate court. Distribute remaining assets to beneficiaries. File a closing statement with the court.

In Maine, you can make a living trust to avoid probate for virtually any asset you ownreal 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).

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Maine Sworn Closing Statement by Representative - Small Estates