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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.
Cumberland County Probate Court filings and the filings made in all of Maine's 16 counties, are available at .maineprobate.net. The Probate Court docket can be viewed at no charge, and copies of Probate Court filings can be purchased at a cost of $2 per page.
Informal probate of a will that has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office of court where it was first probated.
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.
To decide whether probate is necessary for a particular estate, the individual's assets must be identified and valued. If the probate estate has a total value (value of probate assets minus any liens and encumbrances) of $40,000 or less and does not include any real property, then probate is not necessary.
Common expenses of an estate include Personal Representatives fees, attorneys fees, accounting fees, court fees, appraisal costs, and surety bonds. Most estates are settled though probate in about 9 to 18 months, assuming there is no litigation involved.
In most cases, no judge is involved, unless there is disagreement between heirs, a disagreement involving creditors, or if there are irregularities in the execution of the Will. This process is called ?informal probate.? Simple paperwork is submitted to the Probate Court, which is then processed by the court staff.
No. Certain kinds of property can be passed without going through probate.