We had a similar situation in our road association.  The father had been delinquent for over a year, but we had not filed a Notice of Claim.  But the son expressed an intent to catch up, only was not able to until the estate cleared.  We let him know that we were going to file a claim just to cover ourselves, but that we understood his situation and would work with him.  Once the estate cleared, he paid all that was owed, and has continued to pay on time since then.  I believe the initial notice should go to the executor of the estate, if one has been appointed.  If not, I would think sending it to the son would be acceptable since he expects to acquire the lot.  (Anyone else have other ideas on this?) 

I believe a statutory association can still file in small claims court, but the Notice of Claim is an easier and less expensive option.  If someone owes a great deal, small claims court would then be worthwhile.

There are 16 Maine Probate Courts; one for each county. I assume your 20-Day Notice and NOC would involve the Oxford County Probate Court which may be reached by telephone at: (207) 743-6671. 

The Deputy Probate advised me to download Form DE-503, "Claim Against Estate" (Attached), fill out the name of the decedent complete with the claim, and submit the form and $25 to the Oxford County Register of Probate,  26 Western Ave #2, South Paris, ME 04281. 

The Personal Representative (Executor) of the estate will then be notified by Probate to answer the Claim Against Estate. I recommend calling the court at the number above with further questions.

Is the son the Personal Representative of the estate?  If so, I think this could get more complicated. The son, as Personal Representative, may deny your Claim Against Estate in which case you would need to appeal the decision to the Probate Court and seek redress.

Update:  The 90 days has been reached. Our Treasurer sent the 20 day NOC to the son, Representative in Probate.  The 20 days will be July 30 and the plan is to register the NOC with the Registry, send it to the Probate with the DE-503 form, and mail certified to the son.

We plan to use MARA's template. (attached)                                                                Questions:                                                                                                                         1) Can the Road Commissioner fill this out, sign and go to the Registry?  Or should it be the Treasurer (who is away right now)

2) Is there is a legal reason for the words "refused"   Said lot owner has refused, and continue to refuse, to pay the assessments of $__________for the year 2018.                               Instead, can I use the words "has not paid..."

.3) How do we address #3. since he is not the owner.   “Lot Owner” is the owner of Lot #1 of Happytown Hill Estates pursuant to a deed which is recorded in the ___________County Registry of Deeds in Book _____, Page 

Instead, can I write: The Representative of the estate of.........

Thank you! - Emily