When you pass away, you may wish to enable certain people to take actions to handle your estate through the appointment of an executor. The executor is the person responsible for handling each aspect of probate administration. This is in fact one of the most important reasons to make a will altogether.
The primary job of your executor is to protect all of your property until any taxes and debts have been paid, at which point they are responsible for distributing your property in accordance with the will. Not every person who lives in Maine is eligible to serve as an executor of an estate. An executor must be at least 18 years old and must be of sound mind, meaning that they have not been judged incapacitated by a court. This is listed in Maine Revised Statutes ANNTIT.18-C, 3-203.
Note that there are no specific statutes in Maine that prohibit someone who has been convicted of a felony from serving as an executor. However, if the court determines that a potential executor is found to be unsuitable in formal proceedings, then a Maine probate court may reject them.
Maine does not impose any special requirements on those executors who live out of state, but it is important to consider the potential downsides of appointing someone who does not live in Maine who may need to attend to your affairs and handle many respects of your estate. Schedule a consultation with an experienced Maine estate planning lawyer to learn more about this process and what to consider as you plan.
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