The beneficiaries of a Will that has been probated and is being administered in a estate proceeding have the right to contest an accounting of the Executor of the Will and Estate.
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If the person died without a will, you can still proceed with informal probate if there is no dispute regarding the identity of the heirs. Formal probate means that the estate must be opened by filing a petition for a hearing before the probate court and can mean continued involvement of the court.
Listed below are some of the non-probate assets available in Maine. Any property in a living trust. Life insurance policies. 401(k)s, IRAs, other retirement accounts. Securities in transfer-on-death accounts. Pay-on-death bank accounts. Joint tenancy real property.
Probate can be a lengthy process in Maine. It generally takes a minimum of six to twelve months, but it can extend beyond that, often lasting a year or more. Complex estates or disputes among beneficiaries can further lengthen the process.
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.
Probate Basics In Maine, if the deceased dies testate (or with a valid will) then the estate will be distributed ing to the terms of the will. However, if the deceased dies intestate (without a valid will) then the estate will pass to the deceased's heirs ing to Maine's intestate succession laws.
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.
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. The 9-month period can be shortened if you provide a written notice to the creditor and request that the creditor promptly file the claim.
