{"id":131,"date":"2017-04-04T12:42:35","date_gmt":"2017-04-04T12:42:35","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=131"},"modified":"2024-04-25T23:21:09","modified_gmt":"2024-04-26T03:21:09","slug":"the-probate-process-for-real-estate-in-maine","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/the-probate-process-for-real-estate-in-maine\/","title":{"rendered":"The Probate Process for Real Estate in Maine"},"content":{"rendered":"\n

When a resident of Maine dies, it is\nlikely that his or her estate will likely require probate. Probate is the\nprocess by which a property owner\u2019s estate is transferred to the persons\nentitled to inherit it. All property which does not transfer through means of a\nsurvivorship interest, trust, or beneficiary designation is subject to probate.\nIn Maine, the probate code is codified at Title 18-A of the Revised Statutes.<\/p>\n\n\n\n\n\n\n\n

When a decedent dies with a will, he is\nsaid to have died testate, and assets are distributed to his successors\npursuant to the terms of the will. When a decedent does not leave a will, he is\nsaid to have died intestate. Intestate estates are administered pursuant to\nMaine\u2019s laws of intestate succession.<\/p>\n\n\n\n

The person appointed by the probate\ncourt to administer the decedent\u2019s estate is called a personal representative\n(PR) in Maine. Some states may use the terms \u201cexecutor\u201d or \u201cadministrator\u201d to\nrefer to a personal representative; \u201cexecutor\u201d is used to refer to a PR named\nin a decedent\u2019s will, while \u201cadministrator\u201d is used to refer to a PR selected\nby the court. The probate court issues letters authorizing the PR to act on\nbehalf of the estate.<\/p>\n\n\n\n

In the course of administration, a PR\nmay need to convey real property, whether through sale or distribution. In some\ncases, the PR may be instructed by the decedent\u2019s will to sell real property,\nor may need to sell real estate in order to raise money needed to pay the\nestate\u2019s debts. When the estate includes real property, the register of the\nprobate court is required to record a certificate with the register of deeds\npursuant to 18A M.R.S. \u00a7 1-504.<\/p>\n\n\n\n

Permission to sell property must be\ngranted to the personal representative by the decedent\u2019s will. If the decedent died\nintestate, the PR will need a court order for sale before making the sale. In\ncompliance with the probate code, notice must be provided to each successor in\ninterest ten (10) days prior to the sale, unless the decedent\u2019s will waives\nthis requirement.<\/p>\n\n\n\n

To legally transfer title, the PR executes\na deed. Maine identifies four statutory deed forms for use by personal representatives,\ncodified at 33 M.R.S. \u00a7 775. A personal representative\u2019s deed of distribution\nis used to distribute real property from an estate to a person or persons\nentitled to receive it. A PR\u2019s deed of sale is used to convey real property\nfrom an estate to a buyer. When the PR is conveying real property pursuant to\nthe terms of a will, he uses the appropriate deed for a testate estate. When\nselected by the court, the PR uses the appropriate deed for an intestate\nestate. In Maine, PR\u2019s deeds generally convey title without any implied\ncovenants of title (See 33 M.R.S. \u00a7771).<\/p>\n\n\n\n

PR deeds require the name of the\npersonal representative granting the property to the grantee; the decedent\u2019s\nname; and the county in which probate is opened. As with all documents\nconveying an interest in real estate, the grantee information, legal\ndescription of the property, and derivation of the grantor\u2019s title is required.\nMaine also requires the grantor\u2019s spouse to waive any interest in the subject\nproperty, in applicable transactions.<\/p>\n\n\n\n

The main distinction between a deed of\ndistribution and a deed of sale is that the latter includes a consideration\nstatement and a statement that notice was provided to persons succeeding in\ninterest to the subject property, as required by law. A Maine Real Estate\nTransfer Tax Form is required for this type of transaction, unless an exemption\nis noted on the deed. <\/p>\n\n\n\n

All PR deeds must be signed by the personal representative(s) and notarize before recording in the Register of Deeds in the county where the property is located.<\/p>\n\n\n\n

Available Probate Documents for Maine:<\/p>\n\n\n\n