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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.
In Maine, you can make a living trust to avoid probate for virtually any asset you own?real 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).
In Maine, if an estate is worth no more than $40,000, it is considered a ?small estate.? Small estates can be wrapped up quickly by filing a document called a ?Small Estate Affidavit.? This is usually a simple process, but there are some legal steps that must be taken before you can wrap up a small estate.
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.
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.
Personal Representatives are reimbursed for all legitimate out-of-pocket expenses incurred in the process of management and distribution of the deceased estate. In addition, you are entitled to reasonable fees, based on a number of factors, unless the decedent's will says otherwise.
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.