Disclaimer: This article provides general information about Maine law. It does not constitute legal advice.
Detailed Answer
Under Maine’s probate code, a personal representative (often called an estate administrator) must collect assets, pay debts and expenses, and then distribute the remaining property to beneficiaries. If a beneficiary has not received an inheritance share, the law offers clear steps to compel payment.
1. Request an Accounting and Distribution
Start by sending a written demand to the personal representative. Ask for a formal accounting of all estate assets, liabilities and distributions. Maine Rev. Stat. tit. 18-B, §3-706 requires the personal representative to provide an accounting on request. You can cite this statute to support your demand: Maine Rev. Stat. tit. 18-B, §3-706.
2. File a Petition in Probate Court
If the personal representative fails to respond within 30 days, you may petition the probate court in the county where the estate is open. Ask the court to compel an accounting or order distribution under Maine Rev. Stat. tit. 18-B, §3-405: Maine Rev. Stat. tit. 18-B, §3-405. The court can set a hearing and issue an order requiring payment of your share.
3. Seek Removal or Surcharge
If the personal representative abuses their duties—by mismanaging assets or refusing to distribute—the court may remove them under Maine Rev. Stat. tit. 18-B, §3-709: Maine Rev. Stat. tit. 18-B, §3-709. You can also request a surcharge to recover losses caused by misconduct.
4. Attend the Hearing
At the probate hearing, present any correspondence, estate accountings, or affidavits showing delay or refusal. The judge can enforce distribution, order an accounting, or remove the personal representative if warranted.
Helpful Hints
- Keep all written communications and proof of mailing when you request an accounting.
- Review the estate’s inventory and accountings for accuracy. Identify discrepancies early.
- Contact the probate court clerk to learn about filing fees and required forms.
- Consider mediation if the personal representative disputes your claim before a hearing.
- Act promptly—statutes of limitation may apply to breach-of-duty claims.