Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a parent dies owning real estate solely in their name, state law and the probate process dictate who becomes the new owner. In Maine, you’ll follow these key steps:
1. Review the Deed Record
Begin by obtaining a certified copy of the recorded deed from the county Registry of Deeds. This confirms that the property was owned solely by your parent.
2. Search for a Will
Check with the Probate Court in the county where your parent lived. If they left a will, the executor named will file it with the court. You can view filings and learn the executor’s name.
3. Open Probate
If there’s a will, the executor petitions the Maine Probate Court to admit it and obtain Letters Testamentary. If no will exists, any interested heir may petition for Letters of Administration under Maine’s intestacy rules.
4. Apply Maine’s Intestate Succession Law
Without a will, Maine’s intestacy statutes determine heirs. Under 18-A M.R.S. § 201 and § 202, a surviving spouse and children typically inherit. If there’s no surviving spouse or descendants, other relatives may apply.
5. Obtain Court Approval and Transfer Title
Once the court appoints a personal representative (executor or administrator), they must:
- Settle debts and taxes.
- File an inventory including the property.
- Request a probate order transferring title to the heirs or devisees.
After the court signs the order, record a new deed at the Registry of Deeds reflecting the heirs as owners.
Helpful Hints
- Obtain multiple certified death certificates early; many agencies require them.
- Search your parent’s safe or home for trust documents or a Transfer on Death Deed (33 M.R.S. § 2601).
- Contact the local probate clerk to understand filing fees and forms.
- Keep records of all court filings and correspondence.
- Consider a title search to uncover liens or mortgages on the property.