Detailed answer — what to do and why

If the decedent had an original will, the document must be presented to the proper Maine probate court so the court can determine whether to admit the will to probate and issue the executor (personal representative) authority to act. If you live out of state, the steps are the same as for in‑state filers, but you will need to plan for mail, courier service, or have a Maine attorney or agent file for you.

1. Identify the correct probate court

File the original will in the probate court of the county where the decedent was domiciled (their primary legal residence) at death. If the person was not domiciled in Maine but owned Maine real property, an ancillary probate or local filing may be required in the county where the property is located. For general statutory authority and definitions, see the Maine Probate Code (Title 18‑B): https://legislature.maine.gov/statutes/18-B/

2. Preserve the original will — do not alter it

Keep the original will physically secure and avoid writing on, signing, or otherwise handling the paper in ways that could be construed as tampering. Make ONE clear copy for your records, but send the original to the court (or to your Maine attorney) because courts generally require the original document to admit a will to probate.

3. Gather required supporting documents

Typical items probate courts expect when a will is presented include:

• The original will.
• A certified copy of the death certificate or an official death record (many courts require this to open a probate file).
• A completed probate petition or application form asking the court to admit the will and appoint the personal representative. The Maine Judicial Branch and local probate court websites list the forms and filing procedures; start at the Maine Courts homepage: https://www.courts.maine.gov/
• Filing fee (amount varies by county and by whether the matter is formal/informal). Contact the local probate court clerk for exact fees and acceptable payment methods.

4. Decide how to file from out of state

Common options:

• Mail or courier the original will and supporting documents to the probate court with a return‑receipt request or other tracking. Use a secure carrier and insure the package if advisable.
• Hire a Maine attorney to file the will for you and act as local contact. An attorney can prepare the petition, attend hearings if needed, and request certified letters/testamentary after admission.
• If you have a trusted Maine resident, they can hand‑deliver the original to the clerk, but that person cannot sign to admit or attest on your behalf unless they are the named executor and follow required procedures.

5. What the court does after the will is presented

The probate clerk or judge will note the presentment, accept the original for filing, and open a probate case. If the will names a personal representative, that person will be appointed once the court admits the will and issues letters testamentary (or equivalent authority). If there are objections or a dispute (for example, about validity or capacity), the court may schedule hearings.

6. Timing and deadlines

You should present the original will to probate as soon as reasonably possible after the decedent’s death. While Maine’s probate rules encourage prompt presentment, timing can affect certain rights of interested parties and the court’s handling of the matter. If you expect disputes, or if the original will is missing or damaged, contact the court or a Maine attorney right away for specific deadlines and remedies.

7. If the original will is lost, damaged, or contested

If the original cannot be found or is damaged, Maine law and court rules provide procedures for admitting a copy or proving a lost will (often requiring additional evidence, affidavits, or testimony). If you anticipate contest (for example, concerns about undue influence or lack of capacity), a Maine attorney can explain the options and next steps.

8. Costs and post‑probate documents

Expect filing fees, possible publication costs for creditors, and professional fees if you hire an attorney. Once the court admits the will and issues letters, the appointed personal representative can access bank accounts, transfer property, pay debts, and distribute assets under court supervision or according to the will.

Helpful hints

• Contact the probate court clerk in the county where the decedent lived before mailing anything. Clerks can confirm the correct address, required forms, and current fees.
• Use tracked, insured delivery (UPS/FedEx/USPS Registered Mail) when sending an original will to the court; require a signature on delivery.
• Do not sign or witness the will after the decedent’s death. Any new markings can complicate admission.
• If you are the named personal representative but live out of state, you can often serve. The court can issue letters allowing you to act, or you can appoint a local agent or attorney to assist with in‑state tasks.
• Save multiple certified copies of the letters testamentary or letters of administration from the court — banks and title companies will usually require certified copies to release funds or transfer property.
• If the decedent owned Maine real estate but lived elsewhere, ask the probate clerk whether ancillary probate is required in Maine or whether administration in the home state will suffice for transferring that property.
• If you expect disputes or if the will is complex, hire a Maine probate attorney to avoid mistakes and to expedite handling from out of state.
• For statutory background and definitions, consult the Maine Probate Code (Title 18‑B) at the Maine Legislature website: https://legislature.maine.gov/statutes/18-B/
• For court contact information and forms, start at the Maine Judicial Branch website: https://www.courts.maine.gov/