Overview
If you are named to receive a cash bequest from a sibling’s will but the estate’s personal representative (executor) is uncooperative, you have specific steps you can take under Maine law to protect your interest and pursue the distribution. The process involves confirming the estate is being administered, requesting an accounting, and, if necessary, asking the probate court to compel the executor to act or to replace the executor. This article explains practical next steps, what to expect in Maine probate, and how to prepare if court intervention becomes necessary.
Detailed answer — step-by-step actions under Maine law
1) Confirm the will is admitted to probate and who the personal representative is
First, determine whether the will has been filed with the probate court. In Maine, the probate courts in the county where your sibling lived handle estate administration. You can contact the probate court clerk to confirm whether a will has been admitted and who the appointed personal representative is. The court file will list filings, inventories, and deadlines.
Useful resource: Maine Judicial Branch — Probate Courts (general information): https://www.courts.maine.gov/maine_courts/probate/index.html
2) Get copies of the will, inventory, and any accountings
Request and obtain copies of the probated will and any inventories or accountings filed with the court. Under Maine probate practice, beneficiaries typically have a right to notification and to see filings relating to the administration. If the executor refuses to provide copies, the court file will still contain many documents you can obtain from the clerk.
Reference for Maine probate law: Maine Revised Statutes, Title 18-B (Probate Code): https://legislature.maine.gov/maine_law/ (see Title 18‑B, Probate Code)
3) Make a clear written demand for distribution and an accounting
Send the executor a dated written demand (certified mail or email with receipt) requesting:
- A copy of the probate inventory and the current estate accounting;
- A statement of when distributions are expected and the reason for any delay;
- A demand for payment of your cash bequest per the will.
Keep copies of all correspondence; the probate court will view a documented pattern of requests and refusals as relevant if you file a motion.
4) File a petition or motion in probate court if the executor does not respond
If the executor ignores written demands or fails to act in a timely fashion, you can ask the probate court to intervene. Typical petitions include:
- Motion to compel an accounting or distribution;
- Petition for instructions (ask the court to interpret the will or order a distribution);
- Objection to the executor’s account if one has been filed;
- Petition to remove and replace the personal representative for failure to perform fiduciary duties, mismanagement, or conflict of interest.
The probate court has authority to order an accounting, compel distribution, surcharge an executor for losses caused by misconduct, or remove a personal representative. The court can enforce orders by contempt or other sanctions if necessary.
See the Maine Probate Code for the probate court’s jurisdiction and fiduciary duties (Title 18‑B): https://legislature.maine.gov/maine_law/
5) Consider mediation or settlement before prolonged litigation
Probate court matters can be slow and expensive. If the executor’s failure is due to miscommunication, administrative backlog, or family tension, propose mediation or a settlement conference. Courts often encourage alternatives to contested litigation, and a mediated agreement can be faster and cheaper.
6) If the estate is small, check for simplified procedures
Maine has simplified procedures for small estates that may allow quicker distribution without prolonged administration. If the estate’s assets fall within Maine’s small‑estate threshold, you may be able to use an affidavit or summary process to claim your bequest. Ask the probate clerk or a lawyer whether small‑estate procedures apply.
7) Preserve evidence and be ready to show your entitlement
Gather the following documents to support your claim:
- Certified copy of the probated will;
- Any written communications with the executor;
- Receipts or documentation showing estate assets, if available;
- Proof of your beneficiary status (e.g., will language naming you as recipient of the cash bequest).
8) When to hire a probate attorney
If the executor continues to obstruct administration, if assets may have been misapplied, or if you face complex accounting disputes, consult a Maine probate attorney. An attorney can draft a petition, file objections, seek removal of the executor, request surcharge remedies, and represent you in court. If the amount involved is modest, discuss costs and alternatives (negotiation, small‑estate procedures, or limited scope representation).
What the court can order and possible remedies
The probate court can:
- Order the executor to file an inventory and to render an accounting;
- Order payment of valid bequests after proper administration and creditor claims are resolved;
- Surcharge the executor (financially) for losses caused by breach of fiduciary duty;
- Remove or replace the executor for cause;
- Impose contempt sanctions for failure to comply with court orders.
Exact remedies and procedures are governed by the Maine Probate Code in Title 18‑B.
Timing and deadlines
Probate contains multiple deadlines (for creditor claims, for objecting to accounts, and for other filings). Missing a deadline can affect your rights; if you are uncertain about time limits, consult the probate clerk or a lawyer promptly.
Practical example (hypothetical)
Imagine your sibling’s will leaves you $10,000 in cash. The executor has filed the will but says distributions will be delayed without explanation. You should:
- Obtain the probate file from the county probate clerk;
- Send a written demand for the accounting and distribution;
- If ignored for a reasonable time, file a motion in probate court to compel an accounting and distribution, citing the will and asking the court to set a deadline;
- Consider requesting mediation or, if you suspect wrongdoing, ask the court to investigate and consider removing the executor.
Helpful Hints
- Document everything: keep copies of letters, emails, certified mail receipts, and court filings.
- Start with the probate court clerk: they can confirm filings, deadlines, and next steps for motions or petitions.
- Send written demands, not only oral requests—written records matter in court.
- Learn whether the estate qualifies as a small estate to speed distribution.
- Consider negotiation or mediation before seeking removal of an executor—courts prefer resolution when possible.
- If you suspect fraud or theft, preserve evidence and consult an attorney right away; criminal matters may require law enforcement involvement as well as probate remedies.
- Ask the executor for an interim accounting explaining delays (bank statements, receipts, list of creditors paid).
- Keep your expectations realistic: an executor must pay valid debts and administrative costs before making distributions; timing depends on estate complexity.
Disclaimer: This article explains general Maine probate procedures and is for educational purposes only. It is not legal advice and does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Maine probate attorney or the probate court.