Detailed Answer

Mistakes in probate paperwork—such as listing the wrong siblings, misspelling names, or including someone who is not an heir—happen. In Maine, the probate court supervises estate administration, and it has procedures to correct mistakes. The steps you should expect are:

1) Identify the error and gather proof

Be specific about what is wrong (wrong people listed, incorrect relationship, bad dates, etc.). Collect primary documents that prove the correct facts, for example:

• Birth certificates or adoption records.
• Marriage certificates or divorce decrees (to confirm name changes).
• Death certificates (if a listed person predeceased decedent).
• The decedent’s will or other estate documents.
• Affidavits from relatives with first-hand knowledge.

2) Determine whether the estate is still open

If the probate case is still open (administration ongoing), corrections are usually handled by filing a simple amendment or motion with the probate court to correct the record or the inventory. If the estate has been closed and distributions have been completed, you will likely need to file a petition to reopen or to set aside the order for a court to correct the record.

3) File the right paper with the probate court

Typical filings include:

• A written motion or petition to amend or correct the probate record, specifying the error and the exact correction requested.
• An amended inventory or amended petition for probate, if the mistake appears in those documents.
• If the estate was closed, a petition to reopen the estate for the purpose of correction, explaining the reason (for example, mistake, clerical error, or fraud).

The probate judge will set a hearing if required and will order notice to interested persons (heirs, named beneficiaries, creditors, and the personal representative). If no one objects, the court often signs an order correcting the record.

4) Provide sworn statements or affidavits

The court may request affidavits from people who can attest to the correct family relationships or identities. Affidavits should explain the affiant’s relationship to the decedent and the basis for their knowledge.

5) Expect possible consequences and remedies

When the court finds a mistake, possible outcomes include:

• Entry of an order correcting the probate record (name fixes, removing or adding heirs).
• Adjustment of distributions if property was incorrectly distributed.
• Replacement or surcharge of a personal representative if misconduct or negligence caused the error.
• Further litigation if parties contest the correction (contested hearings, discovery, or appeals).

6) Timing and objections

Act promptly. The longer you wait after an order is entered and distributions are made, the harder it can be to get the court to reopen the matter. When you file, expect the court to require that all interested persons receive notice and be given an opportunity to object. If other heirs object, expect a hearing and possibly testimony or documentary proof.

7) Maine statutes and court authority

The Maine probate court administers estates under the Maine Probate Code (Title 18‑A). For general information about the statutes governing probate in Maine, see the Maine Legislature’s online statutes for Title 18‑A: https://legislature.maine.gov/statutes/18-A. For practical guidance on probate court procedures and local forms, see the Maine Judicial Branch probate pages: https://www.courts.maine.gov/court/probate/.

These resources explain court jurisdiction, required filings, notice requirements, and where to file documents in Maine probate courts. If you reference a specific rule or need a statutory citation for reopening, correcting entries, or modifying an inventory, the Title 18‑A statute collection on the Maine Legislature site is the authoritative source.

Helpful Hints

• Start by contacting the probate clerk’s office where the estate is filed. Clerks can often tell you the required form and fee.
• Keep thorough copies of all documents you file and proof of service to other parties.
• If the executor or personal representative made a clerical error, ask them to file an amendment first. Courts often accept voluntary corrections faster than contested ones.
• If someone listed as an heir is deceased or wrongly listed, gather proof (death certificate, adoption decree) before filing.
• Act quickly if distributions haven’t been completed—corrections are simpler before assets are transferred.
• If the correction is contested or complex (e.g., alleged fraud, large estate), consult a Maine probate attorney promptly. Even when courts allow pro se filings, an attorney can help avoid procedural problems and missed deadlines.
• Consider alternative dispute resolution (mediation) if heirs disagree. Mediation can resolve identity or distribution disputes faster and cheaper than litigation.
• Document conversations. If an executor agrees to fix a mistake, get written confirmation and copies of the amended filings.