Maine Form De 101 I PDF Details

In navigating the complexities of estate management within Maine, the DE-101 (I) form emerges as a pivotal document, serving individuals seeking the informal appointment of a personal representative in probate court. Updated in June 2012, this form not only facilitates the orderly processing of an estate but also embodies the legal rigors set forth by the State of Maine. It requires comprehensive details about the applicant, the decedent, and the proposed personal representative, alongside their respective interests and relationships to the estate. Additionally, it calls for disclosures regarding any real estate within Maine, potential claims by creditors, and the presence of any testamentary instruments that could influence the distribution of the estate assets. Given its role in the probate process, each section of the DE-101 (I) form is meticulously designed to ensure all relevant parties are notified, including the imposition of a bond if deemed necessary by the court. The form further addresses scenarios involving decedents domiciled outside of Maine and clarifies the conditions under which the proceedings can be initiated, particularly if the decedent passed away more than three years prior to the filing. This crucial document, therefore, not only guides applicants through the procedural aspects of applying for a personal representative's appointment but also underscores the legal considerations crucial to the probate court's decisions.

QuestionAnswer
Form NameMaine Form De 101 I
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namestestamentary, 2012, DE-101, Form

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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

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This document will require some specific details; to guarantee accuracy, don't hesitate to take heed of the tips further down:

1. It's vital to fill out the DE-101 correctly, therefore be mindful while filling out the parts comprising these blank fields:

Form writing process described (step 1)

2. The third stage is to fill in all of the following blank fields: Address and telephone number of, Legal interest of applicant in, Name and address of personal, if they are different, The person listed in item has the, The following persons have a prior, and Explain.

Tips to fill in Form portion 2

3. Within this stage, examine Full legal name of decedent. All these need to be completed with highest accuracy.

Writing section 3 of Form

Be extremely mindful when filling out Full legal name of decedent and Full legal name of decedent, because this is the section in which many people make a few mistakes.

4. This fourth part comes next with all of the following fields to consider: Date of decedents death, Date of decedents birth, Domicile of decedent at date of, a Names and addresses of spouse, Name, Address, Date of Birth if Under, and Relationship to decedent.

Stage number 4 in filling in Form

5. As you get close to the completion of the document, you'll notice several extra requirements that have to be satisfied. In particular, b Is there a domestic partner, YES NO If yes give name and, Does the probate estate contain, in which such real estate is, Was decedent domiciled outside of, property which was at the time of, Has a personal representative of, and not been terminated YES NO If must be done.

Filling in segment 5 of Form

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