Understanding Your Right to a Probate Accounting in Maine
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Maine probate law, when someone serves as the personal representative of an estate, they must prepare and provide an accounting of the estates administration. Pursuant to 18-C M.R.S. 3-907 (Account and Report by Personal Representative), the personal representative must:
- File a verified account with the probate court within one year after letters are issued—or at another time set by the court.
- Serve a copy of that verified account on each interested person, including beneficiaries, devisees, creditors, and heirs.
If you qualify as an interested person—usually a beneficiary or heir—you have a statutory right to receive a copy of the accounting without making a special request. If the personal representative fails to serve the accounting, you may petition the court under 18-C M.R.S. 3-916 (Action by Interested Persons) to compel the accounting or ask the court to remove or surcharge the personal representative for failing to fulfill this duty.
Common missteps include assuming the personal representative will automatically send an accounting outside the one-year window or not understanding who qualifies as an interested person. Always track filing dates and stay aware of deadlines.
Helpful Hints
- Confirm your status as an interested person by reviewing the probate petition and letters. Beneficiaries and heirs generally qualify.
- Note the one-year deadline: the personal representative must file and serve the accounting within one year of appointment unless the court sets another date.
- Review the accounting for accuracy. Look for missing assets, unexplained distributions, or excessive fees.
- If you do not receive the accounting, file a motion with the probate court under § 3-916 to compel delivery.
- Keep copies of all correspondence and court filings. Clear records help if there is a dispute.
- Consider consulting a probate attorney if you face resistance or complex estate issues.