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For filing a will for no probate, the fee is $15. For filing a will to be probated and without an appointment, the fee is $20. [PL 2021, c. 250, 1 (AMD).]
If the executor fails to probate a will, all the decedents assets remain in their name indefinitely. That means the deceased individuals assets, such as their house, car or personal property, cannot transfer over to the appropriate parties without court approval.
If enough assets are categorized as nonprobate assets, that will ensure that the value of the probate estate remains below $51,100, making probate unnecessary. Some methods to help achieve this include jointly titling assets, fully funding a revocable trust, and naming pay-on-death beneficiaries for bank accounts.
Does every estate have to go through probate? No. Certain kinds of property can be passed without going through probate. Property owned with a Right of Survivorship automatically transfers to the joint owner at death and that person owns the property fully.
To start the probate process, you need to file an Application for Probate in the probate court in the county where the decedent lived. In Maine, each county has its own probate court. If there is a Will, it needs to be submitted to the probate court. The probate judge will decide whether or not the Will is valid.
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