Detailed Answer — Step-by-step process under Maine law

When a person dies, the probate court in the county where the decedent lived handles appointment of a personal representative to collect assets, pay debts, and distribute the estate. If the decedent left a will that names an executor, that person usually files to be appointed. If there is no will (intestate) or the named executor cannot serve, the court appoints an administrator. Co-administrators are possible but the court has discretion to approve them.

1. Decide whether administration is necessary.

   Not every death requires a probate administration. Small accounts with payable-on-death designations, jointly owned property that passes by survivorship, and certain transfers outside probate may not require an administrator. If you are unsure, contact the local probate court or an attorney.

2. Identify the correct probate court and obtain forms.

   File in the probate court for the county where the decedent resided. The Maine Judicial Branch maintains probate information and forms for filing petitions and notices. See the Probate Court information and forms here: Maine Judicial Branch — Probate and the general forms page: Maine Judicial Branch Forms.

3. Prepare required documents to file a petition.

   Typical filings include: a petition for administration or probate, the original will (if any), the certified death certificate, an affidavit of heirship or list of heirs (if intestate), and any required filing fee. If you seek appointment as a co-administrator include a clear request and reasons for co-administration in your petition.

4. Who has priority for appointment.

   Maine law gives priority to certain family members and interested persons (for example, a surviving spouse, adult children, or other next of kin). If multiple people qualify and contest the appointment, the court will decide based on statutory priority, the best administration of the estate, and the fitness of the proposed representatives.

5. Notice to interested persons and creditors.

   After you file, the court will typically require notice to heirs, devisees, and other interested persons. The court may also require publication or mailing to creditors. Follow the court’s instructions for whom to notify and how.

6. Bond requirement and waivers.

   The court may require the administrator to post a surety bond to protect the estate from mismanagement. In some situations (for example, when heirs consent or the will waives bond), the court can waive or reduce the bond. Be prepared to propose a bond amount or request a waiver in your petition.

7. Hearing and appointment.

   The court may schedule a hearing or appoint on the papers if there is no opposition. If appointed, the court issues letters of appointment (letters testamentary or letters of administration) that give the administrator legal authority to act for the estate.

8. Special rules for co-administrators.

   The court can appoint two or more co-administrators, especially if it believes joint administration is appropriate (for example, to encourage cooperation among heirs or when an estate is complex). The petition should explain why co-administration is needed and propose how duties and decision-making will be shared. Courts retain discretion and can set limits or require additional safeguards (such as bond or reporting requirements).

9. Post-appointment duties.

   After appointment the administrator must gather estate assets, safeguard property, prepare inventory, pay valid debts and taxes, and ultimately distribute remaining assets according to the will or Maine intestacy law. Most administrations also require periodic accounting and a final report to the court before discharge.

For general statutory authority and probate procedure references, consult the Maine statutes and the Maine Judicial Branch probate resources:

• Maine Revised Statutes (searchable by topic)
• Maine Judicial Branch — Probate information and forms

Typical timeline and fees

Timing varies. An uncontested appointment can be completed in a few weeks after filing; contested matters take longer. Court filing fees and any bond premium are additional costs. Check the local probate court or the Maine Judicial Branch forms/fees page for current fee amounts.

When to consider hiring an attorney

Consult an attorney if there is a contested appointment, a complex estate (real estate, business interests, tax issues), disputes among heirs, or uncertainty about duties and liabilities. An attorney can help prepare the petition, respond to objections, and ensure compliance with Maine probate requirements.

Helpful Hints

• Gather the certified death certificate early — the probate court will require it.
• Collect key documents before filing: decedent’s will (if any), property deeds, account statements, titles, and beneficiary designation forms.
• If you want to be co-administrator, explain in the petition how you and the co-administrator will share responsibilities and why joint appointment is appropriate.
• Talk to potential heirs and interested persons before filing. If everyone consents, the court is more likely to appoint you without delay.
• Be ready to propose or obtain a bond; offer a waiver if all heirs agree and the estate situation supports it.
• Understand the duties of a personal representative: inventory assets, preserve value, notify creditors, pay legitimate debts and taxes, and distribute remaining assets when appropriate.
• Check the probate court’s local rules and filing requirements — counties can have different practices and forms.
• Use the Maine Judicial Branch resources for forms and local court contact information: Maine Probate.