Legal Question in Wills and Trusts in Maine

�3-1201 is a statute to allow for the collection of personal property by affidavit if the value of the entire estate, wherever located, less liens and encumbrances, does not exceed $20,000, and the claiming successor is entitled to payment or delivery of the property. This provision is to allow �the claiming successor(s)� to collect the �property� without probate of the estate and appointment of a PR. The �claiming successor(s)� is not under any statutory requirement to provide an inventory to any party.

The Affidavit of �claiming successor(s)� when presented to the party holding the property discharges and releases that party to the same extent as if he/she dealt with a PR. If there is more than one heir by virtue of a will or intestate succession, then all must sign the affidavit, and therefore all would be aware of the property subject to collection. So under some circumstances it may be prudent, even if not required statute to keep an inventory.

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