Detailed Answer

Short answer: If your parent died without a will (intestate) in Maine, the property usually must pass through probate. The probate court will appoint an administrator, the estate’s debts will be handled, and the remaining real property will be transferred to the heirs according to Maine’s intestacy rules. You and your siblings cannot simply change the deed yourselves unless the estate qualifies for a simplified transfer process or all required steps (including approval by the probate court) are completed.

What “intestate” means and which law applies

“Intestate” means your parent died without a valid will. In Maine, intestate succession and the probate process are governed by the Maine Revised Statutes under Title 18‑B (Estates and Protected Individuals Code). The probate court follows those statutes to decide who inherits. See Maine Revised Statutes, Title 18‑B: https://legislature.maine.gov/statutes/18-B/title18-Bindex.html.

Step-by-step: How the house typically gets put into heirs’ names

1. Find the deed, death certificate, and any estate paperwork. You will need the recorded deed to the property and several death certificates. Check whether there is any title co‑ownership (joint tenants with right of survivorship) or a named beneficiary/transfer on death deed — those can allow immediate transfer outside probate.
2. Confirm there is no valid will. If there is a will, the executor named in it usually handles the transfer. If there is no will, you must proceed under intestacy rules.
3. Open an estate in the Maine probate court. File a petition for appointment of an administrator at the probate court in the county where the decedent lived. The court will issue Letters of Administration (sometimes called Letters Testamentary or similar), which give the administrator legal authority to manage and transfer estate assets.
4. Administrator inventories assets and notifies creditors. The appointed administrator lists estate assets (including the house), locates creditors, pays valid debts and expenses, and handles taxes.
5. Determine heirs under Maine’s intestacy rules. The probate court and the administrator use the intestacy rules in Title 18‑B to determine who inherits and in what shares (for example, spouse, children, grandchildren). See Title 18‑B for details: Maine Rev. Stat. Title 18‑B.
6. Estate distributes property or administrator executes deed. After debts and expenses are resolved, the administrator can transfer the house to the heirs by executing and recording an administrator’s deed (or other court‑approved instrument) in the county registry of deeds. Each heir may receive a fractional interest according to the intestacy shares.
7. Recording the new deed. The administrator’s deed is recorded in the county registry of deeds where the property is located. Once recorded, the heirs’ names appear in public title records.

Are there ways to avoid full probate?

Possibly. Common situations that avoid full probate:

• Joint tenancy with right of survivorship or property held in joint names: ownership automatically passes to the surviving joint owner(s).
• Transfer‑on‑death or beneficiary deed (if previously executed): property transfers outside probate when properly recorded.
• Small estate procedures: Maine provides simplified procedures for small estates in some circumstances. Whether your case qualifies depends on the types and amounts of assets. Check the Maine probate forms and small‑estate guidance at the Maine Judicial Branch: https://www.courts.maine.gov/help-center/probate/.

Practical points about dividing the house among siblings

• If the house passes as undivided shares to multiple heirs, the heirs own the property together as tenants in common. That can create practical problems (use, sale, maintenance, taxes).
• Heirs can agree to sell the house and split proceeds, have one sibling buy out the others, or partition the property. If the heirs cannot agree, a partition action (court‑ordered sale) may be necessary.
• Any sale or transfer by the administrator typically requires compliance with court rules and sometimes approval by the probate court (especially if offers are low or interested parties object).

Timing and costs

Probate time varies. Simple administrations may close in a few months; complex estates can take a year or longer. Costs include probate court filing fees, possible probate bond, publication/notice costs, attorney fees, accounting/tax preparation fees, and closing costs when real estate is sold or transferred.

When you should consult an attorney

Consider getting a probate attorney if any of these apply:

• The estate owns substantial assets or real estate.
• There are disputes among heirs or potential creditors or tax issues.
• The title is unclear, or there are co‑owners, liens, or mortgages.
• You want help preparing filings and an administrator’s deed to ensure a clean transfer and proper recording.

The Maine Judicial Branch has resources and local probate court contact information to help you begin: https://www.courts.maine.gov/help-center/probate/

Helpful Hints

• Get several certified copies of the death certificate early; you’ll need them for title transfer, bank accounts, and filing with the probate court.
• Search the deed records at the county registry of deeds to learn how the property was titled before the death.
• If the property has a mortgage, contact the mortgage lender promptly to learn their requirements.
• Keep good records and a simple inventory of estate assets and bills; this saves time and reduces disputes.
• Talk to your siblings early and document any agreements in writing (for example, an agreement to sell or to have one sibling buy out the others).
• If you think the estate is likely small, ask the probate court clerk about simplified or small‑estate procedures before filing a full administration.
• Use the Maine Revised Statutes, Title 18‑B, as the legal reference for intestate succession and administration: https://legislature.maine.gov/statutes/18-B/title18-Bindex.html.

Where to start right now

1. Collect the deed, death certificate, mortgage statements, and any documents showing how the property was titled.
2. Contact the probate court in the county where your parent lived and ask about filing for appointment of an administrator and about any available small‑estate options: Maine Probate Information.
3. If there are disagreements, title issues, or significant debts, consult a probate attorney for a case evaluation.

Disclaimer: This article explains general Maine probate and intestacy concepts and is not legal advice. Laws change and every situation is different. For guidance specific to your facts, contact a licensed Maine attorney or your local probate court.