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Maine Revised Statutes Title 18-C. Probate Code § 3-1201. Collection of personal property by affidavit

Current as of January 01, 2025 | Updated by Findlaw Staff

1. Affidavit; duty to deliver property. Thirty days after the death of a decedent, any person indebted to the decedent or having possession of personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the personal property or an instrument evidencing a debt, obligation, stock or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:

A. The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $40,000, adjusted for inflation pursuant to section 1-108;

B. Thirty days have elapsed since the death of the decedent;

C. No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and

D. The claiming successor is entitled to payment or delivery of the property.

2. Securities. A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection 1.

3. Publication. A county probate court shall annually publish on the court's publicly accessible website the value described in subsection 1, paragraph A, including the adjustment for inflation.

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Cite this article: FindLaw.com - Maine Revised Statutes Title 18-C. Probate Code § 3-1201. Collection of personal property by affidavit - last updated January 01, 2025 | https://codes.findlaw.com/me/title-18-c-probate-code/me-rev-st-tit-18-c-sect-3-1201/

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