Petition For Formal Adjudication Or Formal Appointment - Intestate

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.

Petition For Formal Adjudication Or Formal Appointment - Intestate 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 Petition For Formal Adjudication Or Formal Appointment - Intestate

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Formal Adjudication Or Formal Appointment - Intestate:

• This form pertains to the State of Maine

• The current version of this form was last revised on July 1, 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 - Petition For Formal Adjudication Or Formal Appointment - Intestate 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, 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 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 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 Petition For Formal Adjudication Or Formal Appointment - Intestate 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.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

Sponsored by Atticus App

Need help with Maine Probate?

Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.

Start for free

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 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, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Formal Adjudication Or Formal Appointment - Intestate 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 - Petition For Formal Adjudication Or Formal Appointment - Intestate 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.

Petition For Formal Adjudication Or Formal Appointment - Intestate 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 - Petition For Formal Adjudication Or Formal Appointment - Intestate. You can use this to get an idea of the context of the form and what type of information is needed.

DE-101 (Rev. 07/01/19) Page 1 of 5 STATE OF MAINE _____________________COUNTY PROBATE COURT DOCKET NO. Estate of ________________________________________ PETITION FOR FORMAL Decedent ADJUDICATION OF INTESTACY AND APPOINTMENT OF PERSONAL REPRESENTATIVE OR FOR FORMAL ADJUDICATION OF INTESTACY ONLY PETITION TO JUDGE:  FORMAL ADJUDICATION AND/OR  FORMAL APPOINTMENT 1. Full legal name of Petitioner: 2. Address, email address and telephone number of Petitioner: 3. Legal interest of Petitioner in Estate 1 (Check all that apply):  Surviving spouse  Domestic partner  Heir (e.g. child, parent, etc.)  Creditor  Other _____________ 4. Full legal name of Decedent: 5. Date of Decedent’s death: 6. Date of Decedent’s birth (or approximate age if date of birth unknown): 7. Domicile (a/k/a address of permanent residence) of Decedent at date of death: DE-101 (Rev. 07/01/19) Page 2 of 5 8a. Names and addresses of spouse, registered domestic partner, children and, other heirs: 2 Name Address Date of Birth (if Under 18) 3 Relationship to Decedent 8b. Did the Decedent have a domestic partner (non-registered)?: 4 NO  YES  If yes, provide name and address. 9. 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, which passes by survivorship (i.e. nonprobate property). 10. Was Decedent domiciled outside of Maine at date of death? YES  NO  If yes, identify the 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. 5 DE-101 (Rev. 07/01/19) Page 3 of 5 11. Has a personal representative for 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. 12. Did Decedent die more than three (3) years before the date of this petition? YES  NO  If yes, state here the circumstances that authorize commencing this proceeding. 6 13. Has the Petitioner received a demand for notice or is the Petitioner 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? 7 YES  NO  If yes, include name and address of person demanding notice. 14. Is petitioner seeking supervised administration of this Estate? YES  NO  If yes, state here the circumstances that require establishing supervised administration of this Estate. 8 15. Upon receiving notice of the time and place for the formal intestacy proceeding, I will give notice to the heirs listed in items 8a and 8b and if the Decedent was fifty-five (55) years of age or older, to the Department of Health and Human Services and to the following other persons: 9 Name Address I will furnish proof of notice to the Court by affidavit. 16. Check if desired:  Pursuant to Rule 80B(a), I request the Register to publish notice to creditors. 10 17. In addition to the notice mentioned in item 15, I request the Court to publish notice as required by law. YES  NO  18. 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. 11  (b) After exercise of reasonable diligence, I am unaware of any unrevoked testamentary instr ument relating to property having situs in this state. DE-101 (Rev. 07/01/19) Page 4 of 5 **Complete questions 19-22 only if Petitioner is also seeking appointment as Personal Representative** 19. Name and address of Personal Representative whose appointment is sought. (Provide both mailing and legal addresses if they are different.) 20. The Personal Representative listed in item 19 has the following relationship to Decedent: Check one:  Surviving spouse  Domestic partner  Other heir (e.g. child, parent, etc.)  Creditor  State tax assessor Do any persons have a prior or equal right to appointment? 12 YES  NO  If yes, explain. 21. Is there any question relating to priority or qualification of personal representative to be resolved by this C ourt? YES  NO  If yes, describe it here. 13 22. Check one: 14  A personal representative’s bond is required and is attached.  A bond may be required. The court is asked to decide if a bond is necessary and in what amount.  No bond is required.  An estate tax bond is required and is attached. 15 REQUEST FOR ORDER OR ORDERS. 23. Check applicable box or boxes.  I request a judicial finding and order that the Decedent left no will, an adjudication of intestacy and an adjudication that the heirs are as set forth in item 8.  I request an order of court appointing the Personal Representative listed in item 19 or some other suitable person.  I request an order of Court establishing supervised administration. DE-101 (Rev. 07/01/19) Page 5 of 5 24. Under penalty of perjury, I, the undersigned, state that all of the foregoing facts and statements are complete and accurate as far as I know or am informed. Dated: __________________________ _________________________________________ Petitioner or Attorney for Petitioner 16 Attorney for Petitioner, if any: Name Address Address Phone Number Maine Bar Number Email Address “I hereby renounce my right to appointment or concur in the appointment sought or both as required by law. I also waive notice of the filing or of any hearing on this Petition.” Note: If the Petitioner on this form is a person with priority, the Petitioner’s filing of the Petition acts as a renunciation and nomination if such Petitioner is seeking the appointment of some other person 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. § 1-201(23). 3 18 -C M.R.S. § 3-402(1). 4 18 -C M.R.S. § 1-201(14). 5 18 -C M.R.S. § 3-201. 6 18-C M.R.S. § 3-108. 7 18-C M.R.S. § 3-2 04. 8 18-C M.R.S. § 3-501 et seq. 9 18-C M.R.S. §§ 3-204, 3-403, 3-414(2) and 3- 414. 10 18 -C M.R.S. § 3-801. 11 18 -C M.R.S. § 3-402. 12 18 -C M.R.S. § 3-203. 13 18 -C M.R.S. § 3-414. If none, state “None.” 14 18 -C M.R.S. § 3-603 et seq. 15 36 M.R.S. § 4079 16 Attorney signature required, pursuant to Rule 11.