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What Is Probate?

Sally M. Wagley, Esq., Levey & Wagley, P.A., Winthrop, Maine

Probate is the process under which the assets of a deceased person are distributed.  The probate process in Maine was simplified in 1981.  Under this streamlined system, there is minimal court involvement unless there is disagreement concerning the Will or the suitability of the Personal Representative (executor).  Usually, there is no hearing before a judge.  Simple paperwork is submitted to the court, which is acted on by the Register of Probate.

The first step in the probate process is the appointment of a Personal Representative.  Once the original Will is submitted to the register of probate, together with the required paperwork, the Personal Representative is usually appointed in a matter of weeks.  If the deceased left a Will, then the Personal Representative named in the Will is appointed.  If there is no Will, then the next of kin is appointed.

The Personal Representative files an “inventory” (list) of the assets belonging to the deceased, with their values as of the date of death, and distributes the inventory to the heirs and the people named in the will. The Personal Representative pays all bills and then waits four to five months for other creditors to submit their bills.  If there is real estate to be sold, the Personal Representative gets the property ready to sell and then markets it.  The Personal Representative also gathers and distributes personal property (furniture, dishes, jewelry, tools and the like) to the beneficiaries.  

The Personal Representative files the deceased ’s final income tax return and may also, depending on the income to the estate, file a separate tax return for the estate.   An estate tax return may also be filed, depending on the size of the estate and whether there is real estate.   (Only estates of over $1 million are subject to estate tax.)

After all bills have been paid, the Personal Representative may begin to make distributions to the beneficiaries.  The Personal Representative may distribute the estate all at once or may make distributions in installments. 

Once the assets have been distributed, the Personal Representative prepares an 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.   

(The information provided on this website is for informational and educational purposes only.   This information should not be construed as rendering legal advice or offering an answer to a specific legal problem.)

 

Click on these links for more information:

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What is Probate?
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