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When dealing with the complexities of estate management in Maine, the DE-101 I form serves as a crucial document for those seeking an informal appointment of a personal representative. This form is utilized primarily in probate court, allowing applicants—such as surviving spouses, domestic partners, or heirs—to initiate the process of managing a deceased person's estate. It encompasses essential details, including the decedent's full legal name, date of birth, and date of death, as well as the applicant's relationship to the decedent. The form also requires applicants to disclose whether the estate includes real estate in Maine and if there are any prior appointments of a personal representative. Furthermore, it addresses the need for notice to heirs and potential creditors, ensuring that all interested parties are informed about the proceedings. By completing the DE-101 I form accurately, applicants can facilitate a smoother transition in estate management, making it an indispensable tool in the probate process.

Dos and Don'ts

When filling out the Maine DE-101 I form, there are important guidelines to follow. Adhering to these can help ensure a smoother process. Below is a list of things you should and shouldn't do:

  • Do provide accurate and complete information about the decedent, including their full legal name and dates of birth and death.
  • Do clearly state your legal interest in the estate, such as being a surviving spouse or heir.
  • Do include all necessary addresses and contact information for yourself and any other involved parties.
  • Do check all applicable boxes accurately, especially regarding the need for a personal representative’s bond.
  • Do ensure that any prior appointments of personal representatives are disclosed if they exist.
  • Don't leave any sections blank. Every item must be addressed to avoid delays.
  • Don't provide false or misleading information. This can lead to legal repercussions.
  • Don't forget to include any necessary attachments, such as statements regarding unrevoked testamentary instruments.
  • Don't ignore the requirement for verification. This step is crucial to validate your application.

Following these guidelines can help facilitate the appointment process and avoid complications. Make sure to review your form thoroughly before submission.

Key takeaways

Here are some key takeaways about filling out and using the Maine DE-101 I form:

  • Understand the Purpose: This form is used to apply for the informal appointment of a personal representative for a deceased person's estate.
  • Gather Required Information: Before filling out the form, collect necessary details about the deceased, including their full name, date of birth, and date of death.
  • Identify Your Relationship: Clearly state your legal interest in the estate, such as being a surviving spouse, domestic partner, or other heir.
  • List Other Heirs: Provide the names and addresses of the deceased's spouse, registered domestic partner, children, and other heirs, along with their relationship to the decedent.
  • Real Estate Considerations: Indicate whether the estate includes real estate in Maine and provide details about its location if applicable.
  • Previous Appointments: Disclose if a personal representative has already been appointed and whether their appointment is still active.
  • Verification is Crucial: Sign the verification section, confirming that all information is accurate. This submission holds you accountable under the law.

Instructions on Filling in Maine De 101 I

Completing the Maine DE-101 I form is essential for those seeking an informal appointment of a personal representative for an estate. Once the form is filled out, it will need to be submitted to the appropriate probate court along with any required fees. Follow these steps to ensure that the form is completed correctly.

  1. Enter the county and docket number at the top of the form.
  2. Provide the name of the deceased in the "Estate of" section.
  3. Fill in your name as the applicant in the designated space.
  4. Write your address and telephone number.
  5. State your legal interest in the estate, such as surviving spouse or heir.
  6. List the name and address of the personal representative you wish to appoint.
  7. Indicate the relationship of the personal representative to the deceased by checking the appropriate box.
  8. Explain any persons who have a prior or equal right to appointment.
  9. Provide the full legal name of the decedent.
  10. Enter the date of death of the decedent.
  11. Fill in the date of birth of the decedent.
  12. List the names and addresses of the spouse, domestic partner, children, and other heirs.
  13. Indicate if there is a non-registered domestic partner and provide their name and address if applicable.
  14. Answer whether the probate estate contains real estate in Maine and list the municipalities and counties if applicable.
  15. State whether the decedent was domiciled outside of Maine at the time of death and provide details if applicable.
  16. Indicate if a personal representative has already been appointed and provide their name and address if applicable.
  17. Answer whether the decedent died more than three years before the date of this petition and provide circumstances if applicable.
  18. State if you have received a demand for notice or are aware of any demand for notice regarding the decedent.
  19. Request the court to notify the heirs listed and any other relevant parties.
  20. Check if you want the register to publish notice to creditors.
  21. Indicate whether a bond is required for the personal representative.
  22. State if you are aware of any unrevoked testamentary instrument or provide a statement as required.
  23. Sign the verification statement, affirming the accuracy of the information provided.
  24. Request the register to make the necessary findings and appoint the personal representative.
  25. Fill in the date and sign the application as the applicant or attorney.

Learn More on This Form

  1. What is the purpose of the Maine DE-101 I form?

    The Maine DE-101 I form is used to apply for the informal appointment of a personal representative for a deceased person's estate. This form allows individuals with a legal interest in the estate, such as a surviving spouse or heir, to request that the court appoint someone to manage the estate’s affairs.

  2. Who can file the DE-101 I form?

    Any individual who has a legal interest in the estate can file this form. This includes surviving spouses, domestic partners, heirs, or creditors. The applicant must provide their relationship to the decedent and their contact information on the form.

  3. What information is required on the form?

    The form requires various details, including:

    • The full legal name, date of birth, and date of death of the decedent.
    • The applicant’s name, address, and telephone number.
    • The relationship of the applicant to the decedent.
    • Information about any other heirs or beneficiaries.
    • Details about the decedent's domicile and whether the estate contains real estate in Maine.
  4. What should I do if the decedent had a will?

    If the decedent had an unrevoked will, the applicant must indicate this on the form. They should also provide a statement explaining why the will is not being probated. This is important for the court to understand the context of the estate’s management.

  5. Is there a fee associated with filing the DE-101 I form?

    Yes, there are fees associated with filing this form. The applicant will need to pay a filing fee, as well as any additional costs for mailing notices and publishing notices to creditors. The exact amounts can vary, so it’s advisable to check with the local probate court for the most current fee schedule.

  6. What happens after the form is submitted?

    Once the DE-101 I form is submitted, the court will review the application. If everything is in order, the court will appoint the personal representative as requested. The appointed representative will then be responsible for managing the estate, which includes settling debts and distributing assets according to the law.

  7. Can someone contest the appointment of a personal representative?

    Yes, individuals with a prior or equal right to appointment may contest the appointment. They can do this by filing a written objection with the court. It’s essential for anyone considering contesting the appointment to seek legal advice to understand their rights and options.

  8. What if I have additional questions about the DE-101 I form?

    If you have further questions about the DE-101 I form or the probate process in Maine, it is best to consult with an attorney who specializes in probate law. They can provide guidance tailored to your specific situation and help ensure that the process goes smoothly.

File Attributes

Fact Name Details
Form Purpose The DE-101 (I) form is used to apply for the informal appointment of a personal representative for a deceased person's estate in Maine.
Governing Law This form is governed by the Maine Probate Code, specifically Title 18-A MRSA, sections 3-203 and 3-308.
Filing Requirements Applicants must provide personal information, details about the decedent, and any prior appointments of personal representatives.
Submission Details Once completed, the form must be filed with the appropriate county probate court along with any required fees.

Documents used along the form

When navigating the probate process in Maine, several forms and documents may accompany the Maine DE-101 I form. Understanding these documents can help ensure a smoother experience as you manage an estate. Below is a list of commonly used forms that may be relevant.

  • DE-407: Renunciation/Nomination Form - This form allows individuals with a priority for appointment to renounce their right to be appointed as personal representative or to nominate someone else for the role.
  • DE-100: Petition for Formal Appointment of Personal Representative - If the situation requires a more formal process, this petition is used to request the court's appointment of a personal representative, often involving a hearing.
  • Dirt Bike Bill of Sale: Essential for documenting the sale of a dirt bike in New York State, this form ensures that both the seller and buyer have a clear record of the transaction, including essential details about the bike and sale price. More information can be found at nyforms.com/dirt-bike-bill-of-sale-template/.
  • DE-205: Inventory of Estate - This document provides a detailed list of the decedent's assets, including real estate, bank accounts, and personal property, which is crucial for the probate process.
  • DE-401: Notice to Creditors - This notice informs creditors of the decedent's passing and provides them an opportunity to make claims against the estate for debts owed.
  • DE-301: Acceptance of Appointment - The person appointed as personal representative must complete this form to formally accept their role and responsibilities in managing the estate.
  • DE-202: Petition for Determination of Heirs - This form is used when there is uncertainty about the heirs of the estate, allowing the court to officially determine who the rightful heirs are.
  • DE-206: Final Account - At the conclusion of the probate process, this document summarizes all transactions made by the personal representative and outlines the distribution of the estate's assets.
  • DE-301: Notice of Appointment - This notice informs interested parties that a personal representative has been appointed and provides relevant details about the estate.

Familiarizing yourself with these forms can be beneficial as you work through the probate process in Maine. Each document serves a specific purpose and can help clarify the responsibilities and rights of those involved. Always consider seeking guidance if you have questions about any of these forms or the process itself.

Misconceptions

Understanding the Maine DE-101 I form is crucial for anyone involved in the probate process. However, several misconceptions can lead to confusion. Here are seven common misunderstandings:

  • The form is only for surviving spouses. Many believe that only a surviving spouse can apply for the appointment of a personal representative. In reality, anyone with a legal interest in the estate, such as domestic partners or other heirs, can submit this application.
  • Filing the form is a lengthy process. Some assume that submitting the DE-101 I form requires a complicated and time-consuming procedure. In fact, it is designed for informal appointments and can often be completed relatively quickly.
  • Real estate must always be included in the estate. There is a misconception that all real estate owned by the decedent must be listed on the form. However, only real estate not held jointly or passing by survivorship needs to be disclosed.
  • All heirs must agree before filing. Many think that unanimous consent from all heirs is necessary to file the DE-101 I. While it's important to notify heirs, the application can still proceed without their agreement.
  • The form is only for estates with significant assets. Some individuals believe that the DE-101 I form is only applicable for large estates. This is incorrect; it can be used for estates of any size, as long as the legal criteria are met.
  • A personal representative is always required. There is a belief that a personal representative must always be appointed for an estate. However, in certain situations, such as when there are no assets to manage, a personal representative may not be necessary.
  • The form can be filed without legal representation. Some think that legal representation is mandatory to file the DE-101 I. While having an attorney can be beneficial, individuals can file the form on their own if they feel comfortable doing so.

Clearing up these misconceptions can help individuals navigate the probate process in Maine more effectively. Understanding the requirements and implications of the DE-101 I form is essential for anyone involved in estate matters.

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DE-101 (I)

(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

 

_____________________________________________

 

Address

 

_____________________________________________

 

Zip Code

 

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:

DE-101 (I)

(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 (non-registered)?:YES ____ NO ____ If yes, give name and address. 6

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.

DE-101 (I)

(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).

DE-101 (I)

(Rev. June 2012)

Page 4 of 4

21.I request the register to make the findings and determinations required by 18-A MRSA § 3-308 and to appoint as personal representative the person listed in item 4.

Dated ___________________________

________________________________________________

 

 

 

Applicant or Attorney

Fees due upon filing:

 

 

Filing Fee $_____________

Mailing Notices $_______

Notice to Creditors $______________

 

 

 

Surcharge $ _

___________

 

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 DE-407).“I hereby renounce my right to appointment or concur in the appointment sought or both as required by law.” See 18-A

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 18-A MRSA. See § 1-201 (20).

2See § 3-203. In general, the surviving spouse has first priority; heirs come before creditors. All heirs have equal rights of priority under § 3-203.

See below for special instructions.

3If exact birthdate is unknown, give age in years of decedent at date of death.

4See § 1-201 (17). Relationship of all heirs to decedent should be stated and explained: E.G., “spouse,” or “nephew, son of (name) predeceased brother”.

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 § 3-301 (a) (1) (ii).

6See § 1-201 (10-A)

7See § 3-201.

8See § 3-108.

9See § 3-301 (a) (1) (v).

10This request, accompanied by proper information and fees, fulfills the moving party’s duty to give notice pursuant to §§ 3-306, 3-310. Applicant should list all persons to whom notice must be sent, including persons who have filed a demand for notice pursuant§to3-204. Include address for any person whose address does not appear elsewhere in this form.

11If this is not checked, the personal representative must publish his own notice.

12See § 3-603.

13See 36 MRSA § 4079

14See § 3-301 (a) (4).

15See § 1-301.

16See §§ 1-310 and 3-301 (b).

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