Affidavit Of Surviving Spouse Or Personal Representative (N/a)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit Of Surviving Spouse Or Personal Representative (N/a) is a commonly used form within Maine. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Affidavit Of Surviving Spouse Or Personal Representative (N/a)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit Of Surviving Spouse Or Personal Representative (N/a):

• This form pertains to the State of Maine

• The current version of this form was last revised on January 1, 1970

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Maine’s Form Affidavit Of Surviving Spouse Or Personal Representative (N/a) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Maine form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Maine probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Affidavit Of Surviving Spouse Or Personal Representative (N/a), take a break, and then review. Probate and estate settlement processes in ME are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Affidavit Of Surviving Spouse Or Personal Representative (N/a) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit Of Surviving Spouse Or Personal Representative (N/a) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Maine.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Maine can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Maine. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Maine is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Maine probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Maine probate clerk or court for exact answers regarding Form Affidavit Of Surviving Spouse Or Personal Representative (N/a), and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit Of Surviving Spouse Or Personal Representative (N/a) is one of the many probate court forms available for download through Atticus.

It may also be available through some Maine probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Maine.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Affidavit Of Surviving Spouse Or Personal Representative (N/a) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Maine probate court office.

Affidavit Of Surviving Spouse Or Personal Representative (N/a) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Maine-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Maine Form Affidavit Of Surviving Spouse Or Personal Representative (N/a). You can use this to get an idea of the context of the form and what type of information is needed.

AFFIDAVIT OF SURVIVING SPOUSE SECRETARY OF STATE OR PERSONAL REPRESENTATIVE BUREAU OF MOTOR VEHICLES (Req uires Notary or Attorney’s signature) DIVISION OF TITLE SERVICES The undersigned certifies that ____________________________________________________ Date of Birth _______________, the owner of a Name of deceased owner ___________ _______________ ____________________________________________________________, died ___________________. Year Make Vehicle Identification Number Date I/we further certify: (check appropriate items) I am the surviving spouse of the deceased. I have been appointed Personal Representative of the deceased’s estate by the Probate Court. Attach a copy of the court appointment to this form. I am the surviving joint owner of the vehicle. (“Joint ownership” is specified on the title.) NOTE: The following statements are valid for the transfer of a vehicle only if there is no surviving spouse, no surviving joint owner and no personal representative appointed by Probate Court; and a statement from Probate Court indicating no will has been probated accompanies this form. I am the surviving common owner. (The vehicle title does not state “joint ownership”). I am an heir of the deceased. Please state your family relation with the deceased here: □ Child □ Parent □ Sibling □ Other ________________________. Are there other persons living who had the same family relation with the deceased? yes no I/we claim the deceased’s interest in the vehicle. Attach reasons for your claim to this form. The deceased DID DID NOT leave a will. If a will provides for transfer of the vehicle, please indicate to whom ____________________ __________________________________. Check the appropriate item: I/we will title this vehicle in my/our name(s). I/we intend to transfer the vehicle described above to _______________________________________________________________. Transfer must be accomplished on reverse of the title to this vehicle or use transfer form MVT-16. ________________________ ________________________________________________________ Date Signature of Survivor or Personal Representative THIS FORM MUST BE NOTARIZED Before me personally appeared ___________________________________________________who by me being duly sworn upon oath, says that the statement set forth above is true and correct. Subscribed and sworn to before me this ____________________day of _____________________________, 20 ______. Notary Public for _____________________________________County, State of _____________________________. ________________________________________________________ Signature of Notary or Attorney SECTION A S ECTION B NOTARIZATION 101 Hospital Street, #29 State House Station, Augusta, ME 04333 MVT-22 Rev. 9-2021 Tel. (207) 624-9000 ext. 52138 TTY Users call Maine Relay 711 INSTRUCTIONS In order to comply with the requirements of 29 -A MRSA Chapter 7 and Chapter 102 of the Rules of the Secretary of State, certain steps must be followed and documents provided in order to title a vehicle in the event of the death of an owner. Please follow the applicable instructions below. FOR SURVIVING SPOUSE A surviving spouse may title the vehicle in his or her name only by submitting a title application in the spouse’s name (no fee is required if at the time of death, the deceased was a Maine resident and the vehicle was registered and titled in Maine), the vehicle’s title, and this form completed by the spouse. If the vehicle was financed, the spouse must submit a lien release or obtain consent from the lien holder to title in the spouse’s name (form MVT-27). If a surviving spouse sells the vehicle, the spouse should provide the buyer with the title transferred to the buyer, a release of any lien and this form completed by the spouse. INFORMATION CONCERNING JOINT OR COMMON OWNERSHIP OF A VEHICLE Under the terms of “joint” ownership, when a joint owner dies the surviving owner(s) retains complete ownership of the vehicle. In the case of common ownership, if one of the common owners dies, the surviving common owner(s) and the deceased’s estate own equal shares of the vehicle. FOR JOINT OWNERS (Title states “joint ownership”) A surviving joint owner may title the vehicle in his or her name by submitting a title application in the survivor’s name, the title fee, the vehicle’s title and a copy of the deceased’s death certificate or this form completed by the survivor. If the vehicle was financed, the survivor must submit a lien release or obtain consent from the lien holder to title in the survivor’s name alone. (form MVT-27) If a surviving joint owner sells the vehicle, the survivor should provide the buyer with the title transferred to the buyer, a release of any lien and a copy of the deceased’s death certificate or this form completed by the survivor. FOR OWNERS IN COMMON OTHER THAN SPOUSES (There are two or more names listed on the title as owners and the title does not state joint ownership.) A surviving common owner may title the vehicle in his or her name by submitting a title application in the survivor’s name, the title fee, the vehicle’s title, this form completed by the Personal Representative of the deceased and a transfer of ownership from the Personal Representative (a copy of the Probate Court appointment must be attached). If there is no court appointed Personal Representative, the survivor must submit a letter from Probate Court stating there is no will of the deceased’s being probated and a transfer to the survivor from all immediate heirs of the deceased. In addition, any lien holder must release the lien or provide consent to title the vehicle in the survivor’s name alone. (form MVT-27) If a surviving common owner sells the vehicle, the survivor must provide the buyer with all material as listed in the paragraph above except the title application and fee, as well as a transfer from the survivor to the buyer. FOR PERSONS PURCHASING A VEHICLE FROM A DECEASED INDIVIDUAL’S ESTATE A person purchasing a vehicle from an estate must obtain the title to the vehicle transferred by the Personal Representative of the estate and a copy of the Personal Representative’s appointment from Probate Court. If there is no Personal Representative appointed by Probate Court, the buyer must obtain a transfer from all immediate heirs of the deceased and this form must be signed by all immediate heirs with a statement from the court that no will is being probated. 101 Hospital Street, #29 State House Station, Augusta, ME 04333 MVT-22 Rev. 9-2021 Tel. (207) 624-9000 ext. 52138 TTY Users call Maine Relay 711