Detailed Answer
This article explains how to appeal a probate court decision in Maine that removes a personal representative. This is for informational purposes only and does not constitute legal advice.
1. Basis for Removal
Under 18-A M.R.S. § 3-412, a court may remove a personal representative for failure to perform duties, misconduct, conflict of interest, or incapacity. Before appealing, review the judge’s findings on these issues.
2. Right to Appeal
Under 4 M.R.S. § 130, you have 30 days from the date you receive notice of the final order to file an appeal in the Maine Superior Court. Appeals proceed de novo, meaning the Superior Court reviews the matter anew.
3. Filing the Appeal
- File a complaint or notice of appeal with the clerk of the Maine Superior Court in the county where the probate proceeding occurred.
- Serve the notice on all interested parties according to Maine Rule of Civil Procedure 5.
- Pay the required filing fee or request a fee waiver if you qualify.
4. Record and Briefing
Within 10 days after filing, you must file the probate record (the pleadings, exhibits, and transcript) with the Superior Court. The appellee then files an answer brief according to the Maine Rules of Civil Procedure and Local Rules.
5. Hearing and Decision
The appeal is heard at a Superior Court session. You may demand a jury trial by filing the demand at the time of appeal (4 M.R.S. § 131).
6. Next Steps After Decision
- If you win, the Superior Court can reinstate you as personal representative or order a new election.
- If you lose, you may seek discretionary review by the Maine Supreme Judicial Court, but you must ask for permission within 30 days of the Superior Court’s decision.
Helpful Hints
- Document deadlines: Track the 30-day appeal window and the 10-day record-filing deadline.
- Gather evidence: Collect paperwork or witness statements supporting reversal of removal.
- Consider mediation: Some counties offer mediation before trial to narrow issues.
- Seek local counsel: A lawyer familiar with Maine probate practice can guide you.
- Check fees: Probate appeal fees differ by county; confirm current amounts with the clerk.