Disclaimer: This blog provides general information and does not constitute legal advice. Consult a licensed attorney for advice on your situation.
Detailed Answer
When an individual dies without a will in Maine, you apply for letters of administration to manage and distribute the estate under 18-B M.R.S. §2-601.[§2-601] You must file in the Probate Court of the county where the decedent lived.
1. Certified Death Certificate
Submit a certified copy to prove the date and place of death. Courts generally require an official document from the state vital records office.
2. Petition for Letters of Administration
Complete and file the Maine Probate Court form for administration. The form names the proposed administrator and explains your qualifications.
3. Oath or Affidavit of Administrator
Swear to perform duties faithfully, impartially and in the best interests of the estate.
4. List of Heirs and Next of Kin
Provide a complete list of all heirs according to Maine’s intestacy rules. You must notify each heir per 18-B M.R.S. §2-201.[§2-201]
5. Bond or Bond Waiver
Post a bond to secure faithful administration unless the court waives it, often for a surviving spouse or if all heirs agree in writing.
6. Inventory of Estate Assets
Within three months of appointment, file a detailed inventory of all estate property and values under 18-B M.R.S. §3-701.[§3-701]
Helpful Hints
- Confirm the correct county Probate Court based on decedent’s residence.
- Order multiple certified death certificates—courts, banks and agencies often require originals.
- Review the court’s fee schedule or request a fee waiver if eligible.
- Evaluate whether you qualify for a bond waiver to reduce costs.
- Keep copies of all documents and a log of estate expenses for final accounting.