What to do if the person named to administer an estate declines to serve under Maine law

Short answer: If the person named in the will declines or refuses to act, the probate court will accept a written renunciation and then appoint a successor personal representative. You can seek appointment by filing a petition with the probate court in the county where the deceased lived, supplying the will, a death certificate, and any required forms. The court follows statutory priority rules and will appoint an appropriate person who is willing to serve.

Detailed answer — step‑by‑step under Maine law

This section explains how appointment works and what you should do if the person named in a decedent’s will refuses to act.

1. Understand the roles and the starting point

The person named as executor (called a personal representative in Maine) has the first opportunity to serve. If that person refuses, accepts and later resigns, dies, or cannot serve for any reason, the court will appoint a successor. The court’s appointment process is governed by Maine probate practice and the state’s statutes and court rules; start by checking the original will and contacting the local probate court for forms and filing procedures (see Maine Judicial Branch probate information: https://www.courts.maine.gov/).

2. Get a written renunciation or see if the will names a successor

If the named person clearly refuses, ask them to sign a written renunciation or waiver of their right to appointment. Courts prefer a clear, signed renunciation on file. If the will names an alternate executor (a successor), that alternate has the next right to be appointed, provided they are willing and qualified.

3. If there is no willing successor named in the will, file a petition with probate court

You (or another interested person) can file a petition for probate of the will and appointment of a personal representative in the probate court for the county where the decedent was domiciled. Typical items to file include:

• The original will (if there is one)
• A certified copy of the death certificate
• A petition for probate / petition to appoint a personal representative (local probate form)
• Any written renunciation from the person who declined
• The appropriate filing fee

The court clerk will review the petition, issue notices to interested persons (heirs, beneficiaries), and set any required deadlines. In uncontested cases the clerk or judge can issue Letters Testamentary (if there’s a will) or Letters of Administration (if no valid will) that authorize the appointed representative to act for the estate.

4. Who the court will prefer if no one is named or the named person declines

When the nominated executor is unavailable, the court looks to alternatives in an order set by statute and case law. Generally, the court gives priority to a qualified substitute named in the will. If none is available, the court will consider close family members (spouse, adult children, other heirs) and then other interested persons. The probate court’s decision rests on qualifications and willingness to serve, and on protecting the estate’s interests.

5. What if others object or the situation is contested?

If someone objects (for example, claiming the named successor is unfit), the court may schedule a hearing. At a hearing the judge resolves disputes about who should be appointed. Contested matters often benefit from attorney representation, especially when significant assets, creditor issues, or family conflicts are involved.

6. Practical details — bond, notices, and powers

The court may require a bond unless the will waives bond. The appointed representative receives Letters that show their authority to collect assets, pay bills, and distribute property under court supervision. The representative must follow notice deadlines, file required inventories and accountings, and comply with Maine probate rules.

How to proceed now — practical checklist

1. Locate the original will and read it carefully for any named successors or bond waiver language.
2. Obtain an official death certificate (multiple copies are usually needed).
3. Ask the named executor to sign a written renunciation if they refuse to serve.
4. Contact the probate court in the county where the decedent lived and request the probate/appointment forms and filing instructions. Maine courts: https://www.courts.maine.gov/.
5. File the petition for probate and appointment, attaching the will, death certificate, and renunciation (if any).
6. Serve or allow the court to notify interested persons as required. Attend any scheduled hearings.
7. If appointed, obtain Letters from the court and follow fiduciary duties, including notifying creditors and beneficiaries and handling estate assets responsibly.

When to consult an attorney

Consider consulting a probate attorney if:

• Family members dispute who should be appointed;
• There are questions about the will’s validity, alleged undue influence, or incapacity;
• The estate has complex assets (business interests, out‑of‑state property, tax issues);
• You need help preparing petitions, notices, or accountings for the court.

Where to find Maine statutes and local probate rules

General statutory and court resources you can consult:

• Maine Judicial Branch (probate court information and local contacts): https://www.courts.maine.gov/
• Maine Legislature — statutes and searchable code (look up estates, wills, and probate provisions): https://legislature.maine.gov/statutes/

Helpful Hints

• Start with the original will. It often answers who the successor is and whether bond was waived.
• Get multiple certified death certificates right away; many institutions require them.
• Ask for a written renunciation from the person who refuses to serve; the probate court can use it to speed appointment.
• Contact the local probate clerk early — they can provide the exact forms and local filing fees.
• Keep good records of communications, notices, and filings; the court will expect organized documentation.
• If you plan to petition, draft a simple summary of the estate (assets, likely creditors, beneficiaries) to attach to your filing.
• If family conflict arises, try mediation early; contested probate hearings can be costly and slow.
• When in doubt about deadlines, fiduciary duties, or potential disputes, get a probate attorney to protect the estate and your interests.

Disclaimer: This article provides general information about Maine probate practice and is not legal advice. It does not create an attorney‑client relationship. For advice specific to your situation, consult a licensed attorney in Maine or contact the probate court where the decedent lived.