What to do when a close relative dies without a will in Maine

Short answer: If your sister died without a will in Maine, you can ask the probate court to appoint you as the personal representative (commonly called an administrator) of her estate if no one with higher priority is willing or able to serve. You start by filing a petition in the probate court in the county where she lived. The court will review who has priority, make sure you are qualified, require any necessary notices and bond, and issue letters of appointment if it approves.

Detailed answer — step by step under Maine law

This section explains the typical process in Maine probate courts and what to expect. This is a general guide; the local probate court can explain its forms and local practice.

1. Confirm jurisdiction and the decedent’s domicile

File in the probate court of the county where your sister was domiciled (her permanent legal residence) when she died. If you’re unsure which county that is, the local municipal office or the probate court can help.

2. Determine priority to be appointed

Maine law gives priority for appointment of a personal representative to certain people in a specific order (for example, a surviving spouse, then children, then other next of kin). A sibling can be appointed if there is no surviving spouse, no surviving children, no surviving parents (or if they are unwilling or ineligible), and other higher-priority heirs do not ask to serve. The probate court will confirm the order of preference among heirs and beneficiaries.

See Maine’s Estates and Probate statutes for the legal framework: Maine Revised Statutes, Title 18‑A. (For the full text, search Title 18‑A on the Maine Legislature website: Maine Rev. Stat. Title 18‑A.)

3. Prepare the documents and file the petition

You will typically need to file:

• A petition for appointment of personal representative in the probate court (the court’s form or a typed petition).
• A certified or official copy of the death certificate.
• A list of known heirs and their addresses (so the court can give required notices).
• Proof of your relationship to the decedent (for example, birth certificates or family records) if the court requests it.

The Maine probate court clerk can provide local forms and filing fee information. The Maine Judicial Branch website and local probate court can also provide forms and instructions: Maine Judicial Branch.

4. Notice and opportunity for others to petition

After you file, the court usually requires notice to all interested persons and heirs. Interested persons have an opportunity to ask the court to appoint someone else. If someone with higher priority petitions to serve, the court will consider that petition first.

5. Bond, qualification, and court review

The court will check whether you are legally qualified (age and mental capacity, not a felon in certain situations, etc.). The court may require you to post a bond to protect the estate against mismanagement, unless the court waives the bond. The amount is based on the estate’s size and risk.

6. Letters of appointment and administrator duties

If the court approves your petition, it issues letters testamentary or letters of administration (often called “letters of appointment”). With those letters you can access bank accounts, collect assets, pay valid debts and taxes, and manage estate property.

Your main duties as administrator include:

• Locating and securing assets.
• Giving notice to creditors and resolving claims.
• Filing an inventory with the court when required.
• Paying taxes and allowed debts in the order required by law.
• Distributing remaining assets to entitled heirs under intestacy rules.
• Filing final accounting and closing the estate with the court.

7. Timeline and closure

Timeframes vary by complexity. Simple estates can close in months. Estates with real property, multiple creditors, missing heirs, or tax issues can take longer. The court supervises major steps and approves the final distribution.

When the court may refuse to appoint you

The court can refuse if you’re not legally qualified, you pose a conflict of interest, you lack capacity, you have a felony in some cases, or there is a person with higher priority who is suitable and petitions to serve. The court also considers whether appointment would prejudice the estate or creditors.

Helpful Hints

• Contact the probate court clerk in the county where your sister lived early. Clerks can provide local forms, filing fees, and specific procedural steps.
• Gather documents: death certificate, your ID, any documents showing family relationships, bank statements, deeds, and a list of known creditors and account numbers.
• Talk to likely heirs before filing. If everyone agrees you should serve, the court process is smoother and bond might be easier to waive.
• Be transparent with heirs and creditors. Proper notice prevents delays and objections later.
• Budget for court filing fees and possibly a bond premium. If a bond is required, a surety company issues it for a fee; the court sets the amount.
• Keep careful records of all estate transactions and receipts; the court will expect an accounting when you close the estate.
• If the estate is small, Maine procedures for small estates or simplified administration might apply. Ask the probate clerk whether a simplified process exists.
• Consider consulting a probate attorney if the estate has significant assets, real estate, complicated creditor claims, tax issues, or if heirs disagree.

Relevant law: Maine Revised Statutes, Title 18‑A (Estates and Probate) provides the statutory framework for appointment, administration, intestacy, and duties of personal representatives. See the Maine Legislature site for the full statutes: Maine Rev. Stat. Title 18‑A.