The Maine DE 101 I form serves as an application for the informal appointment of a personal representative in probate court. This document is essential for individuals seeking to manage the estate of a deceased person in Maine. It outlines the necessary information regarding the decedent, the applicant, and the proposed personal representative, facilitating a smooth probate process.
The Maine DE-101 I form plays a crucial role in the probate process, particularly for those seeking an informal appointment of a personal representative after a loved one’s passing. This form is initiated by an applicant, who may be a surviving spouse, domestic partner, or other heir, indicating their legal interest in the estate of the deceased. Key information required includes the decedent’s full name, date of death, and domicile at the time of death, as well as details about any real estate in Maine owned by the decedent. The form also prompts the applicant to disclose any prior appointments of personal representatives, if applicable, and to identify other individuals who may have a right to appointment. Additionally, it addresses the need for notice to heirs and the Department of Health and Human Services if the decedent was 55 years or older. The applicant must verify the accuracy of the information provided and can request that the court publish notice to creditors. Understanding the components of this form is essential for anyone navigating the complexities of estate administration in Maine.
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:
(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
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.
(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.
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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