Disclaimer: This article is for educational purposes only. It does not constitute legal advice.
Detailed Answer
Under Maine’s Wrongful Death Act, only a decedent’s personal representative can file a wrongful death lawsuit. See 18-C M.R.S. §2-804. That requirement means you must open an estate in probate court and obtain court authorization to act on the estate’s behalf before pursuing a wrongful death claim.
To open an estate, an interested party petitions the probate court in the county where the deceased lived. The court issues letters of administration or letters testamentary, appointing you as personal representative. The appointment process follows 18-C M.R.S. §3-201.
Once appointed, the personal representative stands in the decedent’s shoes. You act for the estate, gathering assets, paying debts, and bringing a wrongful death suit against the negligent party. The suit must comply with Maine’s two-year statute of limitations. See 14 M.R.S. §157.
Helpful Hints
- File the probate petition promptly. Missing deadlines can bar your claim.
- Gather key documents: death certificate, accident report, proof of kinship.
- Track the two-year deadline from the date of death under 14 M.R.S. §157.
- Ask the court about limited letters if you only need authority to sue.
- Consult the probate clerk for fee schedules and local rules.
- Maintain clear records of estate assets and debts before filing your lawsuit.