Get a Secure Inheritance Loan, usually within 72 Hrs if you’re an Heir or Beneficiary of an Estate in Maine, in Probate or Trust
If you are currently dealing with, or about to deal with, the Maine state court system with respect to a probate or estate issue – the following information should be helpful to you.
Probate law governs estate matters when someone who, such as a family member or other loved one, passes away. These laws insure that creditors are paid properly and that assets are distributed correctly to the “heirs,” or the descendant(s) of the estate.
What is the purpose of Probate? Probate is the legal process that deals with estate assets and property, with regard to heirs and creditors. Probate begins with a “petition” to open the estate and name a personal representative who is responsible for the administration of the deceased’s property.
The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
Maine Probate Law
Probate in the state of Maine requires that the people managing your estate, and inheritance issues, are well aware of exactly how probate should be conducted, with regard to state probate regulations, deadlines and written executions. It is especially important for your personal representative to understand exactly how debts owed to the decedent are to be handled. The Maine probate code is particularly specific regarding debts owed to the decedent, and how that must be handled by the estate during probate.
Your personal representative is ultimately responsible for managing these issues, but will most likely be consulting with your probate attorney to insure all debt oriented and other legal matters are handled in accordance with Maine probate law – such as the fact that if a married person dies in Maine, the surviving spouse has the right to a portion of the estate.
The surviving spouse and any children are entitled by Maine law to a portion of the estate as part of their inheritance (called “elective share”) – with respect to what is written in the will, and as the state probate court determines. Will issues are extremely important in Maine, as they are in most states.
In Maine, document or task deadlines and time-frame limitations are taken very seriously by the probate court – such as filing a “petition for probate” for the estate, or dealing with claims levied against the estate. The execution of formal documents in Maine must be written in compliance with standards established by the Maine probate court system – including wills, petitions, requests, affidavits, inventories and waivers. Your probate attorney will the one to best advise you on these matters.
As far as wills are concerned in the state of Maine, a primary key issue points to the question of who is actually allowed to witness. Anyone who is viewed as competent by a Maine probate court is usually allowed to act as a witness for a will. Choosing witnesses is a key element in the writing and execution of a will, as the same people will be involved on some levels when the estate goes into probate.
In Maine, a will is still valid if an “interested witness” has signed it, unlike other scenarios such as inventory, where only “disinterested parties” are allowed to be involved – “interested” parties can be witnesses, as far as the Maine probate code is concerned.
All of these matters can be very complex and difficult to follow for the ordinary heir or beneficiary. Hiring a probate lawyer who is familiar with Maine probate law will be invaluable to you. Your probate attorney should, in fact, be there through the entire probate process to insure the inheritance process is being handled properly. We do not advise going through Maine probate alone!
Maine Probate Resources
Maine has sixteen probate courts – by county court system jurisdiction. The courts do have jurisdiction over estate, adoption, and other domestic issues, but doesn’t permit jury trials. The District Court has jurisdiction over mental health & juvenile issues, and does not permit jury trials.