Detailed Answer
When someone dies owning property in more than one Maine county—or even outside Maine—you must navigate primary and ancillary probate to settle the estate lawfully. In Maine, the personal representative named in the will (or appointed by the probate court under Title 18-B M.R.S. § 3-201) initiates the main administration in the county where the decedent lived. If you administer assets in other Maine counties, the original letters of appointment generally suffice; local registration may be required. For assets in another state, you must open an ancillary estate there.
1. Open Primary Probate in the Decedent’s Home County
• File the will and petition for appointment of personal representative in the probate court of the decedent’s domicile. See 18-B M.R.S. § 3-201 for requirements and forms. (3-201)
2. Register in Other Maine Counties if Required
• Many counties accept out-of-county letters of appointment without separate proceedings. Confirm local probate rules; some require a certified copy of the appointment.
3. File Ancillary Administration for Out-of-State Assets
• Under 18-B M.R.S. § 4-702, you must petition the probate court in the state where real estate or other assets lie if the decedent did not live there. (4-702) This creates a limited “ancillary” estate to transfer the asset back into the primary estate or distribute according to law.
4. Use Small-Estate Procedures When Appropriate
• Maine law allows expedited claims for estates under a set threshold. Under 18-B M.R.S. § 2-705, you can use an affidavit procedure for certain personal property transfers. (2-705)
5. Coordinate Filings, Creditors, and Distributions
• Notify creditors in each jurisdiction. Publish notices if required locally. Track different deadlines. Consolidate asset sale or transfer paperwork to streamline closing.
By following Maine’s probate code, you can lawfully manage assets across multiple counties and states, minimizing delays and extra court appearances.
Helpful Hints
- Identify every asset and its location before filing any petition.
- Check each probate court’s local rules for accepting out-of-county letters.
- Use small-estate affidavits where the value qualifies to reduce paperwork.
- Consult an attorney in each jurisdiction for compliance and to prepare ancillary petitions.
- Keep organized records of filings, notices, and communications across counties.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.