Estate and Trust Administration

At Maine Elder Law Firm, we are your dedicated partners in guiding you through the complexities of estate and trust administration. Our experienced team is well-equipped to assist individual and professional fiduciaries, including trustees, personal representatives, and agents.

Estate Administration and the Probate Process

“Probate” is the formal legal process by which a personal representative (executor) manages the affairs of a deceased individual. This involves more steps than you might expect:

  • File the Will and other required paperwork with the probate court.
  • Provide notice to creditors and certain heirs and beneficiaries of the estate.
  • Gather and oversee all probate assets.
  • Pay administration expenses, taxes, and debts of the decedent.
  • Prepare an inventory and accounting.
  • Distribute the probate assets according to the Will.

These are just some of the steps required under Maine law. Our firm can guide you through each step of the probate process. We can also advise on more complex questions such as:

  • What happens if the person died without a Will?
  • What assets are not part of the probate estate?
  • What are the options regarding real estate owned by the decedent?
  • What if the beneficiaries agree to a different distribution than is stated in the Will?

Trust Administration

There are many different types of trusts created to achieve varying goals, including protecting assets, protecting public benefit eligibility, avoiding probate, or planning for tax purposes. Regardless of the structure or purpose of the trust, every trust has at least one trustee, and there are certain duties and responsibilities that come with that role.

When the trust terminates, typically upon the death of the trust-maker or the beneficiary, the trustee has additional duties such as settling any debts, filing a final tax return, preparing an accounting of trust assets, and making distribution of trust assets in accordance with the terms of the trust.

Learn More About the Maine Probate Process and Administering a Trust

We recommend the Special Needs Alliance’s publication Administering a Special Needs Trust: Handbook for Trustees to all Trustees of any type of special needs trusts. We also welcome you to browse our helpful articles on probate and trust administration.

Probate and Trust Administration — We're Here to Help

We welcome you to reach out to us regarding your Maine probate or trust administration matter.