Detailed Answer
When a personal representative (executor or administrator) files an inventory and accounting in Maine probate court and the court allows that accounting, it often signals the close of routine challenges to how the estate was handled. However, an allowed accounting is not always the absolute end of the road. Under Maine law, interested persons may still be able to challenge the accounting or hold the personal representative accountable—but only in certain circumstances and within applicable time limits.
Grounds that can support reopening or challenging an allowed accounting
- Fraud or concealment: If the personal representative intentionally hid assets or misrepresented facts to the court or beneficiaries, a court can set aside the allowance and reopen the accounting.
- Newly discovered assets or evidence: If important assets, records, or evidence come to light after the accounting was allowed, you can ask the court to reopen the estate to address those items.
- Mistake or clerical error: Significant calculation errors, misapplications of estate property, or mistakes that affected the accounting’s fairness may justify reopening.
- Breach of fiduciary duty: If the fiduciary misapplied estate property, made self-dealing transactions, or otherwise breached obligations, the court can surcharge (order repayment), remove the fiduciary, or order other relief.
- Failure to give required notice: If you did not receive required notice of the accounting or allowance (for example, you were not properly served), your time to object may be extended or the allowance may be set aside.
Typical forms of relief
If the court finds merit in a post-allowance challenge, relief may include:
- Setting aside the allowance or reopening the estate administration;
- Ordering a supplemental or corrected accounting;
- Surcharging the personal representative for losses or misapplied funds;
- Removing the personal representative and appointing a successor;
- Directing turnover of newly discovered assets; or
- Permitting a separate civil action against the fiduciary for breach of duty.
Timing and statute of limitations considerations
Timing is critical. While a year or more after allowance it may still be possible to act, many remedies are subject to statutory or equitable time limits. For example:
- Certain probate remedies require prompt exceptions or objections after notice of an accounting. If you missed the window for exceptions, reopening may be harder unless you can show fraud, concealment, or lack of proper notice.
- Separate civil claims (for breach of fiduciary duty, conversion, or negligence) have their own statutes of limitation measured from when the claimant knew or reasonably should have known of the harm. Those deadlines vary by claim.
Because multiple deadlines can apply (probate deadlines, civil statutes of limitation, and equitable doctrines like laches), you should act quickly to preserve rights.
How to proceed step-by-step in Maine
- Collect and review documents: Get certified copies of the probate file and all accountings, inventories, receipts, bank statements, and court orders from the probate court where the estate was administered. The probate docket and filings will show what was allowed and who received notice.
- Identify your legal basis: Decide whether your claim is based on fraud, concealment, mistake, breach of fiduciary duty, newly discovered assets, or lack of notice. The specific basis affects procedure and timing.
- Consider informal resolution: Sometimes beneficiaries can resolve accounting disputes by asking the fiduciary for a supplemental accounting or documentation. This can be quicker and less costly.
- File a petition or motion in probate court: If informal steps fail, file a petition to reopen the estate, set aside the allowance, or for surcharge/removal of the fiduciary in the probate court that handled the estate. The petition should state the legal grounds and the relief sought, and attach supporting evidence.
- Serve all interested persons: Procedural rules require service on the personal representative and other interested parties. Follow the court’s rules for notice and service.
- Use discovery and evidence: If the court allows the matter to proceed, use discovery (document requests, depositions) to gather proof of fraud, concealment, or mismanagement.
- Attend hearings and present proof: The party challenging the accounting bears the burden to prove why the allowance should be set aside or why the fiduciary should be surcharged or removed.
- Evaluate parallel civil actions: If the probate court route is limited or time-barred, you may have a civil claim against the fiduciary. In many cases, courts allow both probate remedies and civil litigation.
Where to find Maine statutes and court procedures
For Maine statutory guidance and probate procedures, consult the Maine Legislature and the Maine Judicial Branch resources:
- Maine statutes and titles (searchable): https://legislature.maine.gov/statutes/
- Maine Judicial Branch — Probate procedures and court contact information: https://www.courts.maine.gov/
Note: Probate-specific rules and statute sections that govern accountings, exceptions, and fiduciary duties are contained in the Maine statutes and in court rules; the exact section that applies can vary with the facts. A local probate attorney can point to the precise statute or rule that applies to your situation.
When to get an attorney
If you suspect fraud, concealment, serious breach of duty, or if the dollar amounts are significant, consult a probate attorney right away. Attorneys can:
- Review the probate file and deadlines;
- Identify the strongest legal grounds for reopening or suing;
- Prepare and file the correct petition or complaint;
- Manage discovery and present evidence at hearings; and
- Protect your rights against statutes of limitation and procedural bars.
Helpful Hints
- Act quickly — even if you believe you have a year or more, prompt action preserves options and evidence.
- Obtain certified copies of the probate docket and all accountings from the probate court where the estate was administered.
- Look for signs of misconduct: missing bank accounts, unexplained transfers, lack of receipts, or transactions with the fiduciary’s relatives or business associates.
- Document when you first learned of the issue — that date can affect limitation periods.
- Ask the fiduciary for a supplemental accounting and copies of supporting documents before filing in court; some disputes resolve without litigation.
- Keep communications written and dated; avoid admitting facts that could limit your claim.
- Even if the court previously allowed an accounting, courts can reopen matters for fraud, mistake, or newly discovered evidence—especially where beneficiaries did not receive proper notice.
- Consult a Maine probate attorney early to identify statutory deadlines and the best procedural path.
Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation under Maine law, consult a licensed Maine probate attorney promptly.