Content Overview
Similar forms
The Maine DE-101 (I) form is similar to the Application for Informal Probate, which is used to initiate the probate process for a deceased person's estate. This document allows an individual to request the court's approval to administer the estate without the need for a formal probate hearing. Both forms require the applicant to provide information about the decedent, their relationship to the decedent, and details about the estate's assets. The informal probate process is generally quicker and less costly than formal probate, making it a preferred option for many families.
Another document comparable to the DE-101 (I) is the Petition for Letters of Administration. This form is utilized when there is no will present, and the applicant seeks court authority to manage the estate. Like the DE-101 (I), it necessitates information about the decedent and the applicant's relationship to them. Both documents aim to establish the authority of the personal representative, ensuring that the estate is handled according to the law and the decedent's wishes.
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The Application for Appointment of Guardian shares similarities with the DE-101 (I) form, particularly in its purpose of appointing an individual to manage the affairs of another person. In this case, the focus is on a minor or an incapacitated adult. Both applications require detailed information about the applicant and the individual in need of representation. The goal is to protect the interests of those who cannot manage their own affairs, ensuring that the appointed guardian acts in their best interest.
The Will Contest form is another document that relates to the DE-101 (I). This form is used when there is a dispute regarding the validity of a will. While the DE-101 (I) seeks to appoint a personal representative based on the decedent's wishes as expressed in their will, the Will Contest form challenges those wishes. Both documents are essential in the probate process, as they address different aspects of estate management and the legitimacy of the decedent's intentions.
The Affidavit of Heirship is similar to the DE-101 (I) in that it establishes the rightful heirs of a deceased person's estate. This document is often used when the estate does not require formal probate proceedings. It serves to clarify the heirs' identities and their relationships to the decedent, similar to the information required in the DE-101 (I). Both documents help facilitate the transfer of assets to the appropriate heirs in a timely manner.
The Small Estate Affidavit is another related document, particularly for estates that fall below a certain value threshold. This affidavit allows heirs to claim assets without going through formal probate. Like the DE-101 (I), it requires information about the decedent and the heirs. Both documents aim to simplify the process of estate administration, providing a more accessible route for families dealing with the loss of a loved one.
Lastly, the Renunciation of Right to Serve as Personal Representative form is comparable to the DE-101 (I) because it allows individuals with a potential claim to serve as personal representative to formally decline that role. This document ensures that the court is aware of who does not wish to be appointed, which can streamline the appointment process. Both forms are integral to determining who will manage the estate and ensure that the decedent's wishes are honored appropriately.
Misconceptions
Understanding the Maine DE-101 I form is crucial for those involved in probate matters. However, several misconceptions often arise regarding its purpose and requirements. Here are five common misconceptions:
- Misconception 1: The DE-101 I form is only for surviving spouses.
- Misconception 2: You cannot submit the form without an attorney.
- Misconception 3: The form must be filed immediately after the decedent's death.
- Misconception 4: All heirs must agree before filing the form.
- Misconception 5: The form is only necessary if the decedent owned real estate.
This form is not limited to surviving spouses. It can be used by any individual with a legal interest in the estate, such as domestic partners, other heirs, or creditors.
While having legal representation can be beneficial, it is not mandatory to file the DE-101 I form. Individuals can complete and submit the form on their own.
The DE-101 I form does not have to be filed immediately. However, it should be submitted in a timely manner to avoid complications in the probate process.
While it is ideal for all heirs to be in agreement, it is not a requirement for filing the DE-101 I form. The applicant can proceed even if not all heirs concur.
The DE-101 I form is required for any probate estate, regardless of whether real estate is involved. It addresses all aspects of the estate, including personal property.
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Documents used along the form
The Maine DE-101 I form is an essential document for initiating the informal appointment of a personal representative in probate court. Alongside this form, several other documents may be required to ensure a smooth probate process. Below is a list of commonly used forms and documents that accompany the DE-101 I form.
- DE-407 Renunciation/Nomination Form: This form allows individuals with priority for appointment to renounce their right to serve as personal representative or to nominate another person for the role.
- DE-200 Notice to Creditors: This document is used to notify creditors of the decedent's estate, informing them of the probate proceedings and their right to make claims against the estate.
- DE-402 Petition for Formal Appointment: If the informal appointment is contested or if more complex issues arise, this petition may be filed to seek a formal appointment of a personal representative.
- DE-101 A Application for Informal Appointment of Personal Representative: Similar to the DE-101 I, this form is used when the applicant is seeking informal appointment but may include additional details or specific circumstances.
- Death Certificate: A certified copy of the decedent's death certificate is usually required to verify the date and cause of death as part of the probate process.
- Will (if applicable): If the decedent left a will, it must be submitted to the court. This document outlines the decedent's wishes regarding the distribution of their estate.
- Inventory of Estate Assets: This document lists all assets owned by the decedent at the time of death, providing a clear picture of the estate's value and contents.
- Employee Handbook Form: Completing the PDF Templates will help you create an effective Employee Handbook that outlines company policies and expectations clearly.
- Bond (if required): If the court requires a bond from the personal representative, this document serves as a guarantee that the representative will manage the estate responsibly.
- Affidavit of Heirship: This sworn statement may be used to establish the heirs of the decedent, particularly in cases where no formal will exists.
Understanding these forms and documents can significantly ease the probate process. Each plays a crucial role in ensuring that the estate is handled according to the law and the decedent's wishes. Proper preparation and submission of these documents help facilitate a smoother transition for all parties involved.
Form Preview Example
(Rev. June 2012)
STATE OF MAINE
_____________________COUNTY PROBATE COURT |
DOCKET NO. _______________ |
Estate of ______________________________________ |
Application for Informal Appointment |
Deceased |
of Personal Representative |
|
|
Attorney for Applicant, if any |
|
_____________________________________________ |
|
Name |
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_____________________________________________ |
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Address |
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_____________________________________________ |
|
Zip Code |
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Telephone No._________________________________ |
|
1.Name of applicant:
2.Address and telephone number of applicant:
3.Legal interest of applicant in estate1 (E.G., surviving spouse, domestic partner, other heir, etc.):
4.Name and address of personal representative whose appointment is sought (Designate mailing and legal addresses, if they are different.):
5.The person listed in item 4 has the following relationship to decedent:
Check one:
____ surviving spouse
____ domestic partner
____ other heir
____ creditor
____ state tax assessor.
The following persons have a prior or equal right to appointment:Explain.2
6.Full legal name of decedent:
(Rev.June 2012) Page 2 of 4
7.Date of decedent’s death:
8.Date of decedent’s birth: 3
9.Domicile of decedent at date of death:
10a. Names and addresses of spouse, registered domestic partner, children and other heirs: 4
|
|
Date of Birth 5 |
Relationship to |
Name |
Address |
if Under 18 |
decedent: |
10b. Is there a domestic partner
11.Does the probate estate contain real estate in Maine? YES ____ NO ____. If yes, list each municipality and county in which such real estate is located. NOTE: Do not list jointly held property which passes by survivorship.
12.Was decedent domiciled outside of Maine at date of death? YES ____ NO ____. If yes, identify here decedent’s property which was, at the time of decedent’s death, or has since then been located in this county, and state whether probate proceedings have been commenced elsewhere with respect to this estate7 .
13.Has a personal representative of the decedent been appointed by any court prior to this date whose appointment has not been terminated? YES ____ NO ____. If yes, state that person’s name and address.
(Rev.June 2012) Page 3 of 4
14. Did decedent die more than three years before the date of this petition? YES ____ NO ____. If yes, state here the
8
circumstances which authorize commencing this proceeding.
15. Has the applicant received a demand for notice or is the applicant aware of any demand for notice of any probate or
appointment proceeding concerning the decedent that may have been filed in this state or elsewhere?9 YES ____ NO ____. If yes, include name and address of person demanding notice.
16. I request the Court to give notice of this filing to the heirs listed in item 10a and 10b and if the decedent was 55
10
years of age or older, to the Department of Health and Human Services and to the following other persons:
17. Check if desired:
_____ Pursuant to Rule 80B(a), I request the register to publish notice to creditors. 11
18. Check one:
____ No bond is required. 12
____ A personal representative’s bond is required and is attached.
____ An estate tax bond is required and is attached. 13
19. Check (a) or (b):
____ (a) I know of an unrevoked testamentary instrument relating to property in this estate, and I have attached a
statement setting forth why that instrument is not being probated.14
____ (b) After exercise of reasonable diligence, I am unaware of any unrevoked testamentary instrument relating to
property having a situs in this state. 15
20. Verification:
Under penalty of perjury, I, the undersigned applicant, state as follows:
(a)All of the foregoing facts and statements are complete and accurate as far as I know or am informed.
(b)I understand that by executing this verification I submit personally to the jurisdiction of this court in any proceeding for relief from fraud relating to this application or for perjury that may be instituted against me16.
§ 3-203 (c).
(Rev. June 2012)
Page 4 of 4
21.I request the register to make the findings and determinations required by
Dated ___________________________ |
________________________________________________ |
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Applicant or Attorney |
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Fees due upon filing: |
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Filing Fee $_____________ |
Mailing Notices $_______ |
Notice to Creditors $______________ |
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||
Surcharge $ _ |
___________ |
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Abstracts $_____________ |
Other $______________ |
Special Instructions
People with priority for appointment equal to or greater than the person whose appointment is sought may renounce or concur by
signing here or by a separate writing or by filing a Renunciation/Nomination form (Probate Court Form
MRSA |
____________________________________________ |
____________________________________________ |
|
____________________________________________ |
____________________________________________ |
____________________________________________ |
____________________________________________ |
If a person wishes to renounce and simultaneously to nominate a substitute personal representative to take the priority of the renouncing party, the renouncing party may accomplish this by being the applicant on this form or by separate written notice.
1 All statutory references are to Title
2See §
See below for special instructions.
3If exact birthdate is unknown, give age in years of decedent at date of death.
4See §
5Age is required by law if person listed is a minor. If person listed is an adult (i.e. has attained 18 years of age) the letter “A” may be inserted in
place of the person’s age. See §
6See §
7See §
8See §
9See §
10This request, accompanied by proper information and fees, fulfills the moving party’s duty to give notice pursuant to §§
11If this is not checked, the personal representative must publish his own notice.
12See §
13See 36 MRSA § 4079
14See §
15See §
16See §§
I certify that no alteration has been made to the official form as most recently approved and promulgated by the Supreme Judicial Court. I also certify that I have met the standards under M.R.Prob.P. 84(b).
_____________________________________________ |
_____________________________________________ |
|
Preparer Signature |
Typed or Printed Name of Preparer |
MARP |
File Attributes
| Fact Name | Details |
|---|---|
| Form Purpose | The Maine DE-101 I form is used to apply for the informal appointment of a personal representative for a deceased person's estate. |
| Governing Law | This form operates under the Maine Probate Code, specifically 18-A MRSA § 3-203, which outlines the rights and responsibilities of personal representatives. |
| Applicant Information | The applicant must provide their name, address, and legal interest in the estate, such as being a surviving spouse or an heir. |
| Required Notices | The applicant can request the court to notify heirs and, if applicable, the Department of Health and Human Services, regarding the filing of this application. |
Detailed Guide for Using Maine De 101 I
Filling out the Maine DE-101 I form requires careful attention to detail. Each section of the form must be completed accurately to ensure that the application is processed smoothly. Gather all necessary information before you begin. This will help you fill out the form efficiently and avoid any delays.
- Write the name of the county where the probate court is located at the top of the form.
- Fill in the docket number, if known.
- Provide the full name of the deceased in the "Estate of" section.
- Enter your name as the applicant in the designated area.
- List your address and telephone number in the appropriate fields.
- Indicate your legal interest in the estate (e.g., surviving spouse, domestic partner, heir) in the specified section.
- Write the name and address of the personal representative you wish to appoint, ensuring to differentiate between mailing and legal addresses if they differ.
- Describe the relationship of the personal representative to the deceased. Check the appropriate box for their relationship.
- Explain if there are any individuals with prior or equal rights to the appointment in the space provided.
- Fill in the full legal name of the deceased again in the next section.
- Provide the date of the deceased’s death.
- Enter the date of the deceased’s birth.
- List the names and addresses of the spouse, registered domestic partner, children, and other heirs, along with their dates of birth and relationships to the deceased.
- Indicate if there is a non-registered domestic partner, and if so, provide their name and address.
- Answer whether the probate estate contains real estate in Maine and list the municipalities and counties where it is located if applicable.
- State whether the deceased was domiciled outside of Maine at the time of death and provide details about their property and any probate proceedings if applicable.
- Indicate if a personal representative has been appointed by any court prior to this date.
- Answer whether the deceased died more than three years before the date of this petition and provide circumstances if applicable.
- State if you have received a demand for notice regarding any probate or appointment proceedings concerning the deceased.
- Request the court to notify the heirs listed and any other relevant parties as needed.
- Check if you desire the register to publish notice to creditors.
- Indicate whether a bond is required and provide the necessary details if applicable.
- Choose between knowing of an unrevoked testamentary instrument or being unaware of any such instrument.
- Complete the verification section, affirming that all information provided is accurate.
- Request the register to make the required findings and appoint the personal representative listed.
- Sign and date the form as the applicant or attorney.