Application For Informal - Intestate (Rev. 09-12-19)

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.

Application For Informal - Intestate (Rev. 09-12-19) 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 Application For Informal - Intestate (Rev. 09-12-19)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For Informal - Intestate (Rev. 09-12-19):

• This form pertains to the State of Maine

• The current version of this form was last revised on September 12, 2019

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 DE-101(I) - Application For Informal - Intestate (Rev. 09-12-19) 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 DE-101(I), 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 DE-101(I) 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 DE-101(I) 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 Application For Informal - Intestate (Rev. 09-12-19) 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 DE-101(I) 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 DE-101(I), and when in doubt— consult a qualified trust & estates lawyer for that area.

Application For Informal - Intestate (Rev. 09-12-19) 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 DE-101(I) - Application For Informal - Intestate (Rev. 09-12-19) 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.

Application For Informal - Intestate (Rev. 09-12-19) 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 DE-101(I) - Application For Informal - Intestate (Rev. 09-12-19). You can use this to get an idea of the context of the form and what type of information is needed.

DE-101(I) (Rev. 09/12/19) Page 1 of 4 STATE OF MAINE _____________________COUNTY PROBATE COURT DOCKET NO. Estate of ______________________________________ APPLICATION FOR INFORMAL Decedent APPOINTMENT OF PERSONAL REPRESENTATIVE (INTESTATE) 1. Full legal name of Applicant: 2. Address, email address and telephone number of Applicant: 3. Legal interest of Applicant in Estate 1 ( Check all that apply):  Surviving spouse  Domestic partner  Heir (e.g. child, parent, etc.)  Creditor Other _____________ 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 (e.g. child, parent, sibling, etc.)  Creditor  State tax assessor 6. The following person(s) have a prior or equal right to appointment: 2 Explain. 7. Full legal name of Decedent: 8. Date of Decedent’s death: 9. Date of Decedent’s birth (or approximate age if date of birth is unknown): 10. Domicile (i.e. town/city of permanent residence) of Decedent at date of death: DE-101(I) (Rev. 09/12/19) Page 2 of 4 11a. Names and addresses of spouse, registered domestic partner, children and other heirs: 3 Name Address Date of Birth (if Under 18) 4 Relationship to Decedent 11b. Is there a domestic partner (non-registered)? 5 : YES  NO  If yes, give name and address. 12. Does the probate estate contain real estate in Maine? YES NO  If yes, list each municipality/town/city and county in which such real estate is located. NOTE: Do not list jointly held property that passes by survivorship (i.e. nonprobate property). 13. 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 Estate. 6 14. 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. 09/12/19) Page 3 of 4 15. Did Decedent die more than three (3) years before the date of this application? YES  NO  If yes, state here the circumstances that authorize commencing this proceeding. 7 16. 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? 8 YES  NO  If yes, include name and address of person demanding notice. Name Address 17. The Applicant is required to provide notice of this application to any person listed in item 16 above, and if the Decedent was fifty-five (55) years of age or older, to the Department of Health and Human Services.  I hereby request that the Register serve the foregoing notices on the Applicant’s behalf in accordance with Rule 4. 18. Check if desired:  Pursuant to Rule 80B(a), I request the Register to publish notice to creditors. 9 19. Check one: 10  No bond is required.  A personal representative’s bond is required and is attached.  An estate tax bond is required and is attached. 11 20. Check (a) or (b) 12 :  (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.  (b) After exercise of reasonable diligence, I am unaware of any unrevoked testamentary instrument relating to property having situs in this state. 21. 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 me. Additionally, I request the register to make the findings and determinations required by Title 18-C M.R.S. § 3- 308 and to appoint as Personal Representative the person listed in item 4. Dated ___________________________ ________________________________________ Applic ant DE-101(I) (Rev. 09/12/19) Page 4 of 4 Attorney for Applicant, if any: Name Address Address Phone Number Maine Bar Number Email Address Fees due upon filing : Filing Fee: $____________ Mailing Notices $ __________ Publication $ ____________ Surcharge $____________ Abstracts $ _______________ Other $ _________________ 1 18 -C M.R.S. § 1-201(26). 2 18 -C M.R.S. § 3-203. 3 18 -C M.R.S. § 1-201(23). 4 18 -C M.R.S. § 3-3 01(1)(A)(2). 5 18-C M.R.S. § 1-201(14). 6 18 -C M.R.S. § 3-201. 7 18 -C M.R.S. § 3-108. 8 18 -C M.R.S. § 3-301(1)(A)(5). 9 18 -C M.R.S. § 3-801. 10 18 -C M.R.S. § 3-603. 11 36 M.R.S. § 4079. 12 18 -C M.R.S. § 3-301(1)(D). MARP