ESTATE ADMINISTRATION: GENERAL INFORMATION

At Skelton Law Offices, we often meet individuals who are concerned about "probate." When asked what they think probate is and what their concerns are, the individuals are not sure. They have just heard that - whatever it is - probate is a terrible thing and should be avoided at all costs.

Technically, "probate" is simply the legal process of establishing the validity of a Will, but the term is often used interchangeably with the word "administer." So when someone speaks of probating an estate, he or she often means the legal process by which a Personal Representative terminates the affairs of the decedent, gathers the probate assets, applies assets to expenses of administration, taxes, and debts, and then distributes assets.

It is true that in some states, this probate process is time-consuming, complex, and expensive. (Florida and California are two such states.) Fortunately, that is not the case in Maine. In 1981, Maine adopted the Uniform Probate Code. As a result, the process of administering most Maine decedents' estates is generally inexpensive, efficient, and uncomplicated.

The person who is responsible for administering the estate is called the Personal Representative. If the decedent left a Last Will and Testament, the Personal Representative typically will be the person nominated by the decedent in the Will. If the decedent died intestate (without a Will) or if the person the decedent nominated to serve is unable to do so, an individual will need to step forward to serve. In either case, the Probate Court must appoint the Personal Representative. The Personal Representative is authorized to act after the Probate Court issues Letters of Authority.

The process of administering an estate generally takes a minimum of nine months. There are prescribed periods within which creditors can bring claims against the estate, so the estate should be kept open for at least that long. But most debts and claims can be settled quickly, and, in some cases, partial distributions can be made before final settlement.

Refer to the following articles for more information:

• Duties of a Personal Representative

• Tax Compliance for a Decedent's Estate