Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Maine law, probate court records are generally open to public inspection pursuant to the Maine Freedom of Access Act (1 M.R.S. § 402) and the probate docket requirement in Title 18-A, § 2-402 of the Maine Revised Statutes (M.R.S. § 2-402). Most county probate divisions will ask you to provide the following information when you request estate files:
- Decedent’s Full Legal Name: Include any known aliases or variations of the name to avoid confusion.
- Date of Death: Provide the exact date if available. An approximate date also helps narrow the search.
- Estate File (Docket) Number: If you have the probate file number, include it. This identifier appears on the court docket.
- County Where Probate Occurred: Specify which county’s probate division holds the records (e.g., Cumberland County Probate Division).
- Relationship or Interest: State your relationship to the decedent or your interest in the estate (beneficiary, heir, attorney, etc.).
- Contact Information: Provide your full name, mailing address, phone number, and email address so the clerk can reach you with follow-up questions or to send copies.
- Identification: Attach a copy of a government-issued photo ID (driver’s license, state ID, or passport) to verify your identity.
- Payment of Fees: Include payment for copying fees. County rates vary, typically per page or as a flat research fee. Check with the clerk for the exact amount.
If you lack some details (for example, the docket number), clerks can often search by name and approximate date of death. However, having all the requested information speeds up the process and reduces research fees.
Helpful Hints
- Visit the specific county probate website for downloadable request forms and exact fee schedules.
- Call the probate clerk in advance to confirm hours, accepted payment methods, and mailing address.
- If you live out of state, inquire whether the clerk accepts fax or email requests and electronic payments.
- Be aware that some documents (e.g., adoption records, parts of guardianship files) may be sealed or restricted under separate statutes.
- Retain copies of your request and payment receipts in case of follow-up or dispute.