What to do if an estate administrator is withholding asset information in Maine

Short answer: In Maine you can demand estate records from the personal representative (administrator), ask the Probate Court to compel production or require an accounting, and seek court remedies (including removal or surcharge) if the administrator refuses or mismanages estate assets. Below explains how this works and practical steps you can take.

Detailed answer — your rights and options under Maine law

If someone is serving as a personal representative (administrator or executor) of an estate in Maine, that person has a fiduciary duty to manage the estate for the benefit of the heirs and creditors. The Probate Court supervises estate administration and can order the representative to produce records, provide an accounting, or be removed if they violate their duties.

1. Who has the right to estate information?

“Interested persons” — typically heirs, devisees named in the will, beneficiaries, and creditors — generally have a right to basic information about the estate and to see estate documents. That includes the will (if one was filed), inventories, accountings, and documents about transactions the personal representative has made on behalf of the estate.

2. What documents should the personal representative provide?

Commonly expected documents include:

• Filed will and probate court filings
• Inventory of estate assets and a description of property collected
• Accountings showing receipts, disbursements, and distributions
• Bank statements, real estate closing documents, appraisals, and bills paid by the estate

3. How to make a formal demand

Start by sending a written demand to the personal representative. Be specific about what you want (for example: “Please provide a copy of the inventory, bank statements for account X for the dates A–B, and the estate accounting for the period since appointment.”). Keep a copy of the letter and proof of delivery.

4. If the administrator refuses: ask the Probate Court for help

If informal requests fail, you can ask the Maine Probate Court to intervene. The court can:

• Order the personal representative to produce documents or file an accounting;
• Require the representative to post a bond or give other security;
• Surcharge the representative (require repayment) for losses caused by mismanagement;
• Remove the representative and appoint a successor if they breach duties or fail to act in the estate’s interest.

The statutory framework for probate administration and the court’s supervisory powers are in the Maine Probate Code (Title 18‑C). For the text of the Code, see: Maine Probate Code (Title 18‑C). For general probate court information and forms, see the Maine Judicial Branch probate page: Maine Judicial Branch — Probate.

5. Types of court motions you can file

• Motion to compel production of estate records or an accounting.
• Petition for an order requiring the representative to explain specific transactions.
• Petition for removal of the representative for failing to perform duties or for mismanagement.
• Motion for temporary injunctive relief to prevent dissipation of assets (in urgent situations).

6. Evidence you will need

Collect whatever documentary evidence you can: prior written requests, correspondence, copies of filed probate documents (petition, letters of appointment), bank or property records you already have, and witness names. The more specific you are about what is missing or suspicious, the better the court can act.

7. Other tools: subpoenas, mediation, and settlement

If the representative resists, the court can issue subpoenas for documents or testimony. Many probate disputes also resolve through negotiation or mediation, which the court may encourage before a contested hearing.

8. Timing and deadlines

Probate administration has procedural deadlines for filings and claims. It’s usually best to act promptly if you suspect wrongdoing or concealment. The court will weigh delay when considering remedies.

9. When to bring in an attorney

Consider hiring an attorney if the estate is large, the administrator refuses to cooperate, or you suspect fraud. An attorney can draft formal petitions, represent you at hearings, request subpoenas, and seek relief such as removal and surcharge.

Helpful Hints

• Send a clear written demand first. Courts expect you to try resolving disputes informally before petitioning the court.
• Keep records of all requests and any responses. Save emails, certified mail receipts, and notes of phone calls.
• If you’re an interested person and the personal representative delays, ask the court for a formal accounting. Accountings often reveal missing or questionable transactions.
• If you fear assets will disappear (large transfers, sale of property), act quickly and ask the court for emergency relief to freeze or supervise transactions.
• Use probate court forms and local rules. The Maine Judicial Branch probate page lists forms and procedures: https://www.courts.maine.gov/maine_courts/probate/.
• Remember that the Probate Court supervises fiduciaries. If the representative won’t cooperate, the court can and does enforce compliance.

Practical sample language for a demand letter:

“As an interested person in the Estate of [Decedent], I request copies of the estate inventory, current bank statements for the estate account, and an accounting of all receipts and disbursements made since your appointment. Please provide these documents within 14 days. If you will not provide them, please state the reasons in writing so I may decide whether to seek relief from the Probate Court.”

Where to find Maine law and forms

• Maine Probate Code (Title 18‑C): https://legislature.maine.gov/legis/statutes/18-C/
• Maine Judicial Branch — Probate Court information and forms: https://www.courts.maine.gov/maine_courts/probate/

Bottom line: You have rights as an interested person in a Maine estate. Start with a written demand for documents. If the personal representative refuses, ask the Probate Court to compel production, require an accounting, or take other corrective action, including possible removal. If the situation involves suspected fraud or large losses, consult an attorney promptly.

Disclaimer: This article explains general Maine probate procedures for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed attorney in Maine.