Detailed Answer
In Maine, an interested party opens probate by filing a petition with the probate court in the county where the decedent resided at death. Under 18-A M.R.S. §2-201, the petition must identify the petitioner, the decedent, and any proposed personal representative (18-A M.R.S. §2-201). Attach a certified death certificate, a copy of the will (if it exists), and an inventory of known assets.
After filing, the court issues a notice of the petition to all heirs and beneficiaries under 18-A M.R.S. §2-301 (18-A M.R.S. §2-301). These parties have 30 days to object. If no objection arises, the court appoints the personal representative and issues Letters Testamentary or Letters of Administration as described in 18-A M.R.S. §2-203 (18-A M.R.S. §2-203).
The personal representative must post a bond unless the will waives it or all heirs consent, per 18-A M.R.S. §2-402 (18-A M.R.S. §2-402). Next, the representative inventories assets, notifies creditors, pays valid claims, and distributes the estate to beneficiaries in accordance with the will or Maine’s intestacy laws (Title 18-A, Chapter 21).
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Helpful Hints
- Verify the decedent’s last residence to file in the correct county probate court.
- Obtain a certified death certificate promptly to include with your petition.
- Locate and attach the original will if one exists; otherwise, prepare to follow intestacy rules.
- Identify and notify all heirs and beneficiaries to avoid objections or delays.
- Determine whether a bond is required or can be waived by the will or all beneficiaries.
- Keep copies of all court filings and communications for your records.
- Check local court websites for filing fees, forms, and scheduling requirements.