Maine Probate and Estate Administration

Maine Probate and Estate Administration is a practice guide that helps attorneys understand the basics of estate administration, trust administration, and Probate Code rules in Maine.
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Maine Probate and Estate Administration is a practice guide that helps attorneys understand the basics of estate administration, trust administration, and Probate Code rules in Maine.

The guide reviews each rule in-depth and includes practical tips with forms and other items that attorneys have found useful in their probate practice.

Maine Probate and Estate Administration draws from the experience and writings of the authors, including the LexisNexis publication “Maine Probate Procedure” by the Hon. James E. Mitchell and Philip C. Hunt.

In 2019, Maine lawmakers adopted LD 123, An Act to Recodify and Revise the Maine Probate Code. The new probate code is codified in Title 18-C of the Maine Revised Statutes and was a significant update to the existing law. The new Probate Code took effect on September 1, 2019.

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Table of contents

Chapter 1 Overview of Maine Probate and Estate Administration

Part I Scope of this Practice Guide

Part II Overview

Chapter 2 Client Intake for Probate and Estate Administration

Part I Overview

Part II The Client Questionnaire

Chapter 3 Methods of Transferring Property at Death

Chapter 4 Forms

Chapter 5 Exemptions and Allowances

Chapter 6 Checklist of Responsibilities to Taxing Authorities

Chapter 7 Valuation

Chapter 8 Reviewing the Will

Chapter 9 Collection of Personal Property by Affidavit and Summary

Administration Procedures for Small Estates

Chapter 10 Intestacy Basics

Part I Overview

Part II Intestacy Overview

Chapter 11 Informal Probate

Chapter 12 Formal Probate

Chapter 13 Compromise to Controversy

Chapter 14 Special Needs Considerations

Chapter 15 Claims Against the Estate

Chapter 16 Estate Administration in Conservatorship

Chapter 17 Special Problems of Estate Administration

Chapter 18 Foreign Personal Representative and Ancillary Probate

Chapter 19 Reserved

Chapter 20 Distribution, Estate Closing Procedures and Final Accounting

Chapter 21 Basic Federal and State Estate Tax Planning Strategies

Chapter 22 Post-Mortem Planning and Elections

Chapter 23 Financial Powers of Attorney

Chapter 24 Advance Health Care Directive



Appendix A Summary of Title 18-C Table of Contents

Appendix B Maine Probate and Estate Administration Forms

Appendix C Practice Materials



Table of Cases

Table of Statutes

Index