Having a family member of loved one die is most people’s worst fears. Not only is there the emotional fall out, but their estate must be inventoried and then split amongst the decedent’s heirs. This can be very difficult, especially when every one doesn’t see eye to eye. The situation can turn contentious very quickly as people fight for their share of the estate. Thankfully, there are probate laws whose purpose is to make sure that the division and transference of the estate is done in an orderly and lawful fashion.
Main probate law govern how a decedent’s estate is distributed amongst their heirs and also ensures that creditors are paid. With the help of a personal representative of the decedent’s estate, all monies, property and assets must be accounted for and then appraised when necessary. The cost of the administration of the estate or will, as well as payments to creditors and beneficiaries are all taken from the decedent’s assets.
When there is no will, the intestate laws of Main will determine how a personal representative is appointed and who the decedent’s assets go to.
Probate Law
In Main, in order to name an executor, the will must first be proven valid. The registers can order probate wills valid thorough an informal probate or a judge by adjudication of probate. The executor or personal representative has to be appointed by either the judge or registers and must be issued letters. No individual or company may make a claim against the estate before a representative has been appointed. Creditors or individuals owed money or property from the decedent must abide by the statues which govern the process.
If it is found that some of the property from the estate has been stolen or hidden, the accused person must come before the judge and be examined under oath.
A will and its’ designated beneficiaries and payments to creditors are governed by Main statutes. When a person dies in the state, their personal and real property goes to the person designated in their will or to other beneficiaries.
In cases where the will is renunciated, lapsed or found invalid, Main intestate laws will rule. They will be used to determine who becomes the estate administrator, and how the decedent’s assets and property is split amongst family or loved ones.
Main residents also have the choice of an informal probate. However they must submit an application. This application should include a statement of interest, the date that the decedent died, their name, age and county where they lived at the time of death. Also included should be the contact information and the names of their spouse, heirs and children. The name and address of the personal representative must also be included. There has to be mention of whether or not they (the personal representative) has received a Demand for Notice or know about any such notice. The timing of the request is important as well. If it has been three years since the decedent’s death then they may not be able to file for an informal probate.
Probate Resources- Maine
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