A Practical Guide to Probate in Maine
Practice, procedure, and code provisions—made plain

- Product Number: 2210196B00
- Publication Date: 8/29/2023
- Edition: 2nd Edition 2023
- Copyright: © 2023 MCLE, Inc.
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A Practical Guide to Probate in Maine
Practice, procedure, and code provisions—made plain
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Pricing: $195.00; Members: $175.50; New Lawyers: $97.50

- Product Description
- Table of Contents
- Editors & Authors
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Product Description
Product Description
A Practical Guide to Probate in Maine offers practice tips and tracks the essential steps you must know in the areas of formal and informal probate, preprobate considerations, the avoidance of probate litigation, developments pertaining to the removal, death and resignation of fiduciaries, real property and the disposition of assets, planning for postmortem issues, testate and intestate distributions, accounts—and more.
Recent updates:
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Update: August 2023
Dear Subscriber:
Thank you for updating your library with the latest version of A Practical Guide to Probate in Maine . This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.
Highlights from the issues addressed in the 2023 edition include:
- penalties imposed for violating the required minimum distribution (RMD) provisions for IRA accounts;
- indexing of the homestead allowance and other family protections set forth in the Maine Uniform Probate Code (MUPC);
- guidance on handling powers of attorney when moving to Maine or dealing with powers of attorney that are more than several years old;
- a 2021 amendment clarifying that a delay in discharge from a hospital constitutes "substantial harm" for purposes of the statute's provisions on the appointment of an emergency guardian;
- provisions regarding service on minors and incapacitated persons in informal probate proceedings;
- updated federal estate tax exemption amounts, scheduled to sunset as of January 1, 2026 (absent further legisla-tive action), and updated state estate tax exclusion amounts;
- procedures for notifying creditors and for disallowing claims against the estate;
- resignation or removal of a personal representative;
- the Maine Uniform Trust Decanting Act, which became effective on October 1, 2021, and the Maine Uniform Di-rected Trust Act, which became effective on January 1, 2020;
- arrangements for handling client files, which may include an agreement to return the files or to store and dispose of them for a designated fee; and
- guidance on using heir search services.
We trust you will find this updated version of A Practical Guide to Probate in Maine an invaluable resource for your practice.
Very truly yours,
John M. Lawlor, Esq.
MCLE Publications Attorney
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Update: August 2023
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Table of Contents
Table of Contents
expand allChapter 01 expandChecklist 1.1
- Common Conditions Under Which a Formal Probate Court Proceeding Is Commenced Buy FormChecklist 1.2
- Requests Commonly Included in a Petition for Formal Probate of a Will (Me. Prob. Ct. Form DE-201) Buy FormExhibit 1A
- Petition for Formal Adjudication of Intestacy and Appointment of Personal Representative or for Formal Adjudication of Intestacy Only (Form DE-101) Buy FormExhibit 1B
- Petition for Formal Probate of Will or Appointment of Personal Representative or Both (Form DE-201) Buy FormExhibit 1C
- Renunciation/Nomination (Form DE-407) Buy FormExhibit 1D
- Chart of Consanguinity Buy FormExhibit 1E
- Bond for Personal Representative(s) (Form DE-403) Buy FormExhibit 1F
- Demand for Bond (Form DE-502) Buy FormExhibit 1G
- Acceptance of Appointment of Personal Representative (Form DE-104) Buy FormExhibit 1H
- Certificate of Value for Resident and Nonresident Estates (Form DE-401(A)) Buy FormExhibit 1I
- Probate Inventory (Form DE-405) Buy FormExhibit 1J
- Petition for Supervised Administration (Form DE-501) Buy FormExhibit 1K
- Petition for Formal Appointment of Special Administrator (Form DE-301) Buy FormChapter 02 expandChecklist 2.1
- Register’s Requirements for Allowing a Will to Informal Probate Buy FormChecklist 2.2
- Register’s Requirements for Appointing a Personal Representative in an Informal Probate Buy FormExhibit 2A
- Application for Informal Probate of Will or Appointment of Personal Representative Under Will or Both (Form DE-201(I)) Buy FormExhibit 2B
- Application for Informal Appointment of Personal Representative (Intestate) (Form DE-101(I)) Buy FormExhibit 2C
- Maine Estate Tax Statement of Value (Form 700-SOV) Buy FormExhibit 2D
- Certificate of Discharge of Estate Tax Lien Buy FormExhibit 2E
- Notice of Informal Probate Proceeding (Form N-109) Buy FormExhibit 2F
- Notice of Appointment of Personal Representative to Heirs, Devisees, and Other Interested Parties (Form N-115) Buy FormExhibit 2G
- Notice to Creditors (Form N-120) Buy FormExhibit 2H
- Claim Against Estate (Form DE-503) Buy FormExhibit 2I
- Certificate and Abstract (Form N-121) Buy FormExhibit 2J
- Informal Appointment of Personal Representative for Intestate Decedent: Findings of Register and Appointment (Form DE-102(I)) Buy FormExhibit 2K
- Informal Probate or Informal Appointment of a Personal Representative Under a Will, or Both: Findings and Acts of the Register (Form DE-202(I)) Buy FormExhibit 2L
- Notice to Personal Representative Re: Appointment (Form N-114) Buy FormExhibit 2M
- Letters of Authority of Personal Representative (Form DE-404) Buy FormExhibit 2N
- Sworn Statement of Personal Representative Closing Estate Under 18-C M.R.S. § 3-1003 (Form DE-602) Buy FormExhibit 2O
- Verified Application for Certificate of Discharge (Form DE-605) Buy FormExhibit 2P
- Petition to Reopen Estate (Form DE-507) Buy FormExhibit 2Q
- Order to Reopen Estate (Form DE-508) Buy FormExhibit 2R
- Notice of Appointment of Domiciliary Foreign Personal Representative (Form N-116) Buy FormChapter 03 expandPowers and Duties of the Personal Representative
Buy ChapterChecklist 3.1
- Checklist of Duties of the Personal Representative Relative to Collecting and Identifying Assets Buy FormChecklist 3.2
- Checklist of Powers and Duties of the Personal Representative, with Corresponding Statutory Authority Under the MUPC Buy FormExhibit 3A
- Closing Statement Buy FormExhibit 3B
- Closing Statement for Small Estates Buy FormExhibit 3C
- Petition for Order of Complete Settlement Buy FormChapter 04 expandExhibit 4A
- Demand for Bond (Form DE-502) Buy FormExhibit 4B
- Petition for Supervised Administration (Form DE-501) Buy FormExhibit 4C
- Petition for Order of Complete Settlement of Estate Under 18-C M.R.S. § 3-1001 or § 3-1002 or Special Finding or Both (Form DE-601) Buy FormExhibit 4D
- Petition for Removal of Personal Representative, 18-C M.R.S. § 3-611 (Form DE-509) Buy FormChapter 05 expandRemoval, Resignation, and Death of Fiduciaries
Buy ChapterJennifer L. Kruszewski, Esq., Epstein & O'Donovan LLPChapter 06 expandExhibit 6A
- Petition for Appointment of a Guardian (Form PP-201) Buy FormExhibit 6B
- Petition for Appointment of a Conservator (Form PP-401) Buy FormExhibit 6C
- Joined Petition for Appointment of Guardian and Conservator (Form PP-205) Buy FormExhibit 6D
- Petition for Other Protective Arrangements (Form PP-601) Buy FormExhibit 6E
- Guardianship Plan (Form PP-502) Buy FormExhibit 6F
- Conservator’s Plan (Form PP-503) Buy FormExhibit 6G
- Joined Guardian’s/Conservator’s Plan (Form PP-504) Buy FormExhibit 6H
- Acceptance of Appointment by Guardian (Form PP-203) Buy FormExhibit 6I
- Joined Acceptance of Appointment by Guardian and Conservator (Form PP-207) Buy FormExhibit 6J
- Acceptance of Appointment by Conservator (Form PP-402) Buy FormExhibit 6K
- Physician’s/Psychologist’s Report (Form PP-505) Buy FormExhibit 6L
- Court-Appointed Visitor’s Report (Form PP-506) Buy FormExhibit 6M
- Bond for Conservator (Form PP-405) Buy FormExhibit 6N
- Inventory (Form PP-406) Buy FormExhibit 6O
- Report of Guardian (Form PP-209) Buy FormExhibit 6P
- Conservator’s Report (Form PP-412) Buy FormExhibit 6Q
- Conservator Account (Form PP-407) Buy FormExhibit 6R
- Petition for Interim Order (Form PP-410) Buy FormExhibit 6S
- Petition for Termination, Removal, or Resignation of a Guardian or Conservator (Form PP-413) Buy FormExhibit 6T
- Order Appointing Counsel for Parent of Minor Child (Form GS-011) Buy FormExhibit 6U
- Petition for Appointment of a Conservator (Form PP-107) Buy FormExhibit 6V
- Petition for Appointment of a Guardian for a Minor (Form GS-001) Buy FormChapter 07 expandChapter 08 expandChapter 09 expandExhibit 9A
- Form N-116, Notice of Appointment of Domiciliary Foreign Personal Representative Buy FormExhibit 9B
- IRS Form 4422, Application for Certificate Discharging Property Subject to Estate Tax Lien Buy FormExhibit 9C
- IRS Form 4506-T, Request for Transcript of Tax Return Buy FormExhibit 9D
- Certificate of Discharge of Estate Tax Lien Buy FormExhibit 9E
- Form 700-SOV, Maine Estate Tax Statement of Value Buy FormExhibit 9F
- Form DE-604, Order of Complete Settlement Under 18-C M.R.S. § 3-1001 or § 3-1002 Buy FormChapter 10 expandWill Contests, Compromise Agreements, and Strategies for Avoiding Probate Litigation
Buy ChapterExhibit 10A
- Petition for Formal Probate (Form DE-201) Buy FormExhibit 10B
- Order Regarding Formal Probate with Appointment (Form DE-202) Buy FormExhibit 10C
- Petition Requiring Appointment of Special Administrator (Form DE-301) Buy FormExhibit 10D
- Petition for Removal of Personal Representative (Form DE-509) Buy FormExhibit 10E
- Order for Removal of Personal Representative (Form DE-510) Buy Form -
Editors & Authors
Editor(s)
Miles C. Hunt, Esq., Epstein & O'Donovan LLP, PortlandPhilip C. Hunt, Esq., Perkins Thompson PA, PortlandAuthor(s)
Parke Burmeister, Esq., Casco Law Office, PortlandMiles C. Hunt, Esq., Epstein & O'Donovan LLP, PortlandJennifer L. Kruszewski, Esq., Epstein & O'Donovan LLP, PortlandMatie Little, Esq., LeBlanc & Young, PA, PortlandMeghan L. Myers, Brann & Isaacson, LewistonNathaniel S. Putnam, Esq., Eaton Peabody, PA, BangorJacqueline W. Rider, Esq., Verrill Dana LLP, PortlandSmilie G. Rogers, Esq., Brennan & Rogers, PLLC , YorkJessica M. Scherb, Esq., Drummond Woodsum , PortlandMaryellen Sullivan, Esq., Port City Legal LLC, Portland