Oconomowoc, WI asked in Estate Planning and Probate for Maine

Q: My mother is alive and agrees to be appoint me her PR for when she passes. What probate form should I submit now?

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1 Lawyer Answer
Daniel J. Eccher
Daniel J. Eccher
  • Estate Planning Lawyer
  • Winthrop, ME
  • Licensed in Maine

A: Your mother should write a will in which she nominates you as the Personal Representative (PR) of her estate. I do not know of any form that should be filed with the Probate Court before she passes. After she passes, you would file the will and Petition to court for you to be appointed as PR.

Here is a link to the “Statutory Will” form: http://www.mainelegislature.org/legis/statutes/18-A/title18-Asec2-514.html

She could fill out this form and sign it in the presence of two witnesses and a Notary Public.

Maine law also recognizes “holographic wills,” those that are simply written in someone’s own handwriting, signed, and dated. For this type of will, no witnesses or Notary Public is needed.

Of course, it would be best if your mother were to consult with an attorney with experience in estate planning to prepare a will for her, especially if she needs advice about anything else. She may also want a Power of Attorney and Advanced Health Care Directive.

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