Detailed Answer

When a person dies without a valid will in Maine, the court appoints an administrator (personal representative) to manage the estate. Maine’s probate code outlines a clear process and priority list for potential heirs. Understanding these steps helps you prepare and present a valid petition for appointment.

1. Determine Intestate Appointment Priority

Maine Revised Statutes Title 18-C § 3-301 specifies who may serve as administrator and in what order. The priority order is:

• Surviving spouse alone or with descendants;
• Descendants of the decedent;
• Parents;
• Siblings;
• Other next of kin;
• Creditors if no heirs are found.

Each category must be exhausted before the court considers the next. For full priority text, see 18-C M.R.S. § 3-301.

2. Prepare and File a Petition for Appointment

To begin, the potential heir must:

1. Obtain the decedent’s death certificate.
2. Complete the probate court’s petition form, naming proposed administrator and listing heirs.
3. Attach an heirship affidavit or family tree showing relationships.
4. Pay the required filing fee or apply for fee waiver if eligible.

File the petition in the probate district where the decedent resided. The court clerk will set a hearing date and notify known heirs.

3. Court Hearing and Notice Requirements

The court reviews the petition to ensure the proposed administrator qualifies under Maine law. Notice must go to all interested persons at least seven days before the hearing. Interested persons include:

• All living heirs;
• Any spouse;
• Creditors who have filed claims;
• State or federal agencies with interest in the estate.

4. Issuance of Letters of Administration

If the court approves, it issues Letters of Administration, granting authority to:

• Collect and safeguard assets;
• Pay valid debts and taxes;
• Distribute property to heirs under the intestacy scheme in 18-C M.R.S. § 3-201;
• Close the estate when administration completes.

The administrator must post a bond unless waived by all heirs or the court. Maine law requires timely inventories and accountings to the probate court and interested parties.

Helpful Hints

• Identify all heirs before filing to avoid delays.
• Use probate court self-help resources for sample forms.
• Consider hiring a probate attorney if disputes arise.
• File an inventory within 30 days of appointment per court rules.
• Keep detailed records of all estate transactions.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances.