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Maine Acceptance of Appointment of Personal Representative

State:
Maine
Control #:
ME-SKU-0734
Format:
PDF
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Description

Acceptance of Appointment of Personal Representative

Maine Acceptance of Appointment of Personal Representative is a form used in the state of Maine to appoint an individual to serve as a personal representative of an estate. The form is used when someone has been nominated as a personal representative of an estate, and they wish to accept the appointment. There are three types of Maine Acceptance of Appointment of Personal Representative forms available: General Acceptance of Appointment of Personal Representative, Acceptance of Appointment of Personal Representative with Bond, and Acceptance of Appointment of Personal Representative without Bond. The General Acceptance of Appointment of Personal Representative form is used to appoint a personal representative to administer the estate, while the Acceptance of Appointment of Personal Representative with Bond form is used to appoint a personal representative who will be required to provide a bond. The Acceptance of Appointment of Personal Representative without Bond form is used to appoint a personal representative who will not be required to provide a bond. All three forms require the personal representative to provide information such as name, address, and contact information. Additionally, the forms require the personal representative to confirm that they have received a copy of the will, as well as other important information regarding the estate.

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FAQ

If you die with children but no spouse, your children will inherit everything. If you die with a spouse and descendants from you and your spouse, your spouse will inherit the first $50,000 of the intestate property, then half the remaining balance. Your descendants will inherit the other half of the remaining balance.

Under current Maine law, creditors have a maximum time limit of 9 months from the date of death to present their claims to the Personal Representative.

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.

If the Will names a ?Personal Representative? - sometimes called ?Executor? or ?Executrix? then the court will legally appoint that person to take care of the estate. If the Will does not name a Personal Representative, the court will appoint someone to do this job ing to Maine law.

Priority of personal representative appointed by domiciliary court. A personal representative appointed by a court of the decedent's domicile has priority over all other persons except when the decedent's will nominates different persons to be personal representative in this State and in the state of domicile.

A personal representative is under a duty to settle and distribute the estate of the decedent in ance with the terms of any probated and effective will and this Code, and as expeditiously and efficiently as is consistent with the best interests of the estate.

If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit. Beneficiaries can petition the court to have the executor removed from their positon if they can prove they should be removed for one of the reasons listed above.

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Maine Acceptance of Appointment of Personal Representative