Estate Planning 101

How Long Does an Executor Have to Settle an Estate in Maine

In this article, we'll look at how long an Executor has to settle an estate in Maine. We'll look at the milestones and due dates, as well as factors that impact timelines and how to know when an estate is officially 'settled'.)
October 6, 2023

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When a loved one passes away, one of the primary administrative tasks that follow is the settling of their estate - a process also known as probate. In Maine, this duty falls upon the shoulders of an executor, who is entrusted with the validation of the deceased's will, the inventorying of their assets, the payment of any outstanding debts and taxes, and finally, the distribution of the remaining assets to the named beneficiaries. Given the extensive responsibilities involved, it's a common query as to how long an executor has to settle an estate in Maine. Broadly speaking, this can take several months to over a year, depending on factors such as the estate's size and complexity, the clarity of the will, and whether the probate process is contested or not.

The Estate Settlement Timeline:

The process of settling an estate in Maine involves various stages, each with its own general timeline. For a clearer understanding, let's break down each stage and its potential duration:

  1. Submitting the Will: As the executor, also known as the personal representative, it's your responsibility to submit the will to probate court as soon as possible after the death of the testator (the person who made the will). While Maine law doesn't set a specific deadline for this, it's generally advisable to do so within a month to prevent unnecessary delays in the probate process.
  2. Inventorying the Estate: Once the will has been submitted, the next step is to compile a detailed inventory of the deceased's assets. This includes real estate, personal belongings, bank accounts, investments, and any other tangible and intangible assets of value. The length of this process can vary from a few weeks to several months, depending on the size and complexity of the estate. In Maine, the law gives the executor up to three months from the date of their appointment to complete this inventory and submit it to the court.
  3. Communicating with Creditors: After the inventory has been completed, the executor is required to notify all known creditors of the deceased's passing. In Maine, creditors are given four months from the date of their notification to make claims against the estate for any debts owed.
  4. Paying Debts and Taxes: Following the notification of creditors, the executor must then use the estate's assets to pay off any valid debts. This also includes settling any final income taxes or estate taxes owed by the deceased. Depending on the number of claims and the state of the deceased's financial affairs, this process can take anywhere from a few months to over a year.
  5. Distributing the Remaining Assets: The final stage of the probate process involves distributing the remaining assets to the beneficiaries as outlined in the will. This can only be done once all debts and taxes have been paid. Assuming there are no disputes among the beneficiaries, this step can typically be completed relatively quickly, often within a few weeks.

Keep in mind that these timelines are estimated averages and can vary greatly based on individual circumstances. For instance, if a will is contested, the probate process can be prolonged by months or even years. Similarly, if the estate is particularly large or complex, it may take longer to complete the inventory and distribution processes. While the executor is tasked with settling the estate as efficiently as possible, the process requires patience, diligence, and meticulous attention to detail.

How Do You Know When an Estate is Settled:

An estate is considered settled when all of the following tasks have been completed: the submission of the will to probate court, the inventorying of the estate, the notification and payment of creditors, the settlement of any taxes owed, and the distribution of the remaining assets as per the will. The executor should provide beneficiaries with a final accounting, which is a document detailing all of the financial transactions made on behalf of the estate.

In Maine, after this final accounting is reviewed and approved by the probate court, the executor can file a "petition for discharge", which officially releases them from their duties. Upon approval of this petition, the estate is legally considered settled. This final confirmation assures beneficiaries that the estate settlement process has been completed.

What to Do If You Think The Executor Is Taking Too Long:

While settling an estate can indeed be a lengthy process, there may be instances when an executor is not fulfilling their duties in a timely or judicious manner. If you, as a beneficiary, have concerns about this, there are steps you can take. Firstly, communicate your concerns with the executor - they may be able to provide a reasonable explanation for the delays. If this doesn't resolve the issue, you can request an accounting of the estate, a report detailing the financial actions taken by the executor on behalf of the estate.

If you're still unsatisfied after taking these steps, Maine law allows beneficiaries to petition the probate court for the removal and replacement of an executor who is not adequately performing their duties. This should be considered a last resort, as it can further complicate and delay the estate settlement process. It is always recommended to consult with an estate planning attorney before taking such action.