Detailed Answer

If your mother died without a will (that is, intestate) in Maine, the property she owned at death passes under Maine’s probate and intestacy rules. Below is a clear, step-by-step explanation of how to identify and claim your share, what the court will do, and practical actions you should take.

1. Understand what “intestate” means and who inherits

“Intestate” means the decedent left no valid will. Maine law determines which relatives inherit and in what order. The primary classes of heirs are: a surviving spouse, children (and their descendants), parents, siblings, and more remote relatives if none of the nearer relatives survive. Maine’s probate statutes are in Title 18‑B of the Maine Revised Statutes; see the Maine Probate Code for the full rules: https://legislature.maine.gov/statutes/18-B/index.html.

Common, easy-to-understand examples:

• If your mother died leaving only one surviving child and no spouse, that child generally receives the entire intestate estate.
• If a surviving spouse also survives and there are children, the spouse and the children will share the estate under Maine’s intestacy scheme. (How much each receives depends on which heirs survive and whether the children are also children of the surviving spouse.)

2. Identify the estate’s assets and creditors

Make a list of bank accounts, real estate, life insurance, retirement accounts, outstanding loans, and personal property. Some assets pass outside probate (for example, assets with named beneficiaries or property owned jointly with rights of survivorship). Probate only covers assets titled solely in your mother’s name when she died.

3. Learn whether probate is needed or whether a simplified/summary process applies

Maine offers different processes depending on the estate’s size and the types of assets. For small estates or certain personal-property transfers, Maine courts provide simplified procedures or affidavits to collect property without full formal administration. For full administration (if probate is needed), the court appoints a personal representative (often called an executor for estates with a will, or a personal representative for intestate estates) who gathers assets, pays debts, and distributes remaining assets to heirs.

For practical forms, filing requirements, and local procedures, consult the Maine Probate Court information and forms page: https://www.courts.maine.gov/court-info/probate/.

4. Who opens the probate case and how to be appointed or notified

Any interested person (a likely heir or creditor) can file a petition to open probate and ask the probate court to appoint a personal representative. If you want to claim a share, you should either:

• Locate and communicate with the person already appointed as personal representative, or
• File a petition in the probate court in the county where your mother lived to be appointed as personal representative (or to have someone appointed), and to have the court determine heirs.

Once a personal representative is appointed, the court requires notice to heirs and creditors. If you are an heir, you should receive formal notice from the court.

5. What the personal representative does

The personal representative collects and protects estate assets, inventories them, notifies creditors, pays valid debts and taxes, and distributes the remainder to heirs according to Maine’s intestacy rules. The representative must provide accounting documentation to the court and to heirs on request.

6. How you actually receive your share

After debts and administrative expenses are paid and the court approves distribution, the personal representative transfers assets or pay the cash value of your share. If you and the other heirs agree, distribution can sometimes occur sooner, subject to the representative’s duty to reserve funds for unknown claims.

7. If there is a dispute or missing information

If you suspect the estate inventory is incomplete, assets were hidden, or the appointed representative is not acting in the estate’s or heirs’ best interests, you may file objections, request a full accounting, or petition the court to remove or replace the representative. Family disputes often require legal help to resolve.

8. Typical timeline and costs

Probate timelines vary. A simple, uncontested intestate administration might wrap up in a few months; more complex estates or contested matters can take a year or longer. Fees include court filing fees, personal representative’s statutory commission or attorney fees if lawyers are involved, and costs for appraisals and publication of notices.

9. Practical checklist to claim your share

1. Obtain several certified copies of the death certificate from the local vital records office (the personal representative will need these too).
2. Ask the family or the likely personal representative for a copy of any inventory or list of assets.
3. Check for beneficiary‑designated accounts and life insurance (these pass outside probate if beneficiaries are current).
4. If you cannot locate a personal representative or believe none has been appointed, contact the probate court in the county where your mother lived to learn how to open an intestate estate case.
5. Consider consulting an attorney if the estate is large, includes real property, or if there are family conflicts.

Resources and statutes

Key resources:

• Maine Probate Code (Title 18‑B of the Maine Revised Statutes): https://legislature.maine.gov/statutes/18-B/index.html
• Maine Probate Court information and forms: https://www.courts.maine.gov/court-info/probate/

These pages provide statutory language, forms, and probate office contact details for your county.

Summary: To claim your share you will usually need to identify assets, confirm whether probate is required, either work with or ask the probate court to appoint a personal representative, and participate in the probate process so the estate can be administered and assets distributed according to Maine intestacy law.

Disclaimer: This article explains general Maine procedures and is not legal advice. For help specific to your situation, consult a licensed Maine attorney or the local probate court.

Helpful Hints

• Gather paperwork early: death certificate, bank statements, deeds, titles, and any insurance or retirement plan documents.
• Ask for written inventories and keep copies of correspondence with the personal representative or probate court.
• Check beneficiary designations (life insurance and retirement accounts) — they often override a probate distribution.
• If the estate seems small, ask the probate clerk about simplified or small‑estate procedures to avoid full probate.
• Be cautious about accepting an informal cash distribution before the estate is closed — unknown creditors may require return of funds if not reserved.
• When in doubt, get legal help early — attorneys can often prevent long, expensive disputes later.