Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
Under Maine law, a bank will only release, freeze, or secure a decedent’s account when presented with valid court-issued documents. If co-heirs refuse to cooperate, you must seek court appointment of a representative to act on behalf of the estate. The key steps and documents include:
1. Certified Death Certificate
You need at least one certified (raised seal) copy of the decedent’s death certificate. Banks require this to confirm the account holder’s passing.
2. Petition and Court Order Appointing a Personal Representative
You must file a petition under the Maine Uniform Probate Code (Title 18-B) for appointment of a personal representative or special personal representative if heirs disagree. The court will review and issue Letters of Administration or Letters Testamentary, granting you authority to secure estate assets.
See Maine Rev. Stat. tit. 18-B, §3-307 (Special Personal Representative): https://www.mainelegislature.org/legis/statutes/18-B/title18-Bsec3-307.html
3. Letters of Administration or Testamentary
Once the court issues these letters, banks will recognize your authority. The document confirms you as the legal fiduciary empowered to manage or freeze accounts.
See Maine Rev. Stat. tit. 18-B, §3-601 (Effect of Letters): https://www.mainelegislature.org/legis/statutes/18-B/title18-Bsec3-601.html
4. Surety Bond (If Required)
The court may require you to post a bond to protect estate assets. A bond guarantees faithful performance of your duties.
5. Court Order to Freeze Accounts (if Necessary)
If immediate protection is needed, request an emergency order. The judge can issue a temporary freeze while the probate process proceeds.
Helpful Hints
- Obtain multiple certified death certificates. Banks often keep one copy in records.
- File your petition promptly in the county probate court where the decedent lived.
- Prepare a simple estate inventory to submit with your petition.
- Communicate with the bank’s legal or estate department to confirm their specific requirements.
- Keep copies of all filings, letters, and court orders for your records.
- Consider mediation if co-heirs dispute the appointment before going to a hearing.