Detailed Answer
Understanding Probate in Maine
Probate in Maine follows the Maine Revised Statutes, Title 18-A, which oversees the validation of wills, appointment of personal representatives and distribution of assets. By gathering key information and documents before the decedent’s passing, you can accelerate court procedures, reduce costs and minimize family stress.
Key Documents to Gather
- Last Will and Testament
Ensure the original signed will is accessible. Maine law (Title 18-A, §2-501) requires a writing signed by the testator and witnessed by two individuals. Link: 18-A §2-501. - Codicils
Collect any amendments to the will. Keep them with the original will to confirm testator intent. - Revocable Trust Agreements
If the decedent created a living trust, gather the trust document and any amendments. This may allow assets to bypass probate entirely. - Deeds and Property Records
Locate deed copies for real estate. Confirm information includes parcel IDs and county registry entries. - Financial Account Statements
Compile recent statements for bank accounts, investment accounts and retirement plans. Note account numbers, financial institutions and beneficiary designations. - Insurance Policies
Obtain life, disability and long-term care insurance policies. Note policy numbers, coverage details and listed beneficiaries. - Power of Attorney Forms
Gather durable power of attorney (financial) and health care directives. These do not survive death but show the decedent’s planning effort. - List of Assets and Debts
Prepare a summary of tangible assets (vehicles, personal property), digital assets (online accounts, social media) and outstanding debts (loans, credit cards). - Contact Information
Compile names and addresses of beneficiaries, executors named in the will and professional advisors (attorney, accountant, financial advisor).
Information to Compile
- Social Security number and date of birth
- Title and registration for vehicles
- Passwords or instructions to access digital assets
- Safe deposit box location and key
- Business ownership documents or partnership agreements
How This Streamlines Probate
Having these materials ready can:
- Speed court filing and reduce administrative delays.
- Allow the personal representative to inventory assets quickly.
- Help beneficiaries understand their inheritance and timelines.
- Prevent disputes over missing documents or unclear intentions.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Helpful Hints
- Store originals and certified copies in a secure, accessible location.
- Review and update documents every 3–5 years or after major life changes.
- Inform a trusted person of where documents are kept.
- Consider a digital inventory with instructions for access.
- Schedule a meeting with an estate planning attorney to confirm completeness.