Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal advice, consult a qualified attorney.
Detailed Answer
In Maine, letters of administration authorize a personal representative to manage and distribute the estate of a person who died without a valid will. Under 18-B M.R.S. § 2-501, if no will exists or no executor qualifies, the court appoints an administrator.
1. Determine Eligibility and Venue
The petitioner must be a surviving spouse, next of kin, or another interested party. File the petition in the Probate Court in the county where the decedent resided at death. See 18-B M.R.S. § 3-101.
2. Gather Required Forms and Documents
Maine does not use “AOC forms” (those apply in North Carolina). Instead, use forms provided by the Maine Judicial Branch:
- Petition for Administration (Form MJB-190). Available at Maine Probate Forms.
- Notice of Probate (Form MJB-101).
- Oath of Personal Representative (Form MJB-197).
- Inventory of Assets (Form MJB-203).
- Optional Affidavit of Small Estate (if total assets ≤ $40,000).
3. Prepare the Petition
Complete Form MJB-190 with:
- Decedent’s full name, date of death, and last residence.
- Names and relationships of heirs.
- Estimated value and nature of assets.
4. File the Petition and Pay Fees
Submit the petition, required forms, and a certified death certificate to the Probate Court clerk. Pay the filing fee (varies by county; typically $200–$300).
5. Publish or Mail Notice
Under 18-B M.R.S. § 3-201, you must mail notice to heirs and creditors or publish notice in a local newspaper.
6. Appointment and Issuance of Letters
If no objections arise within 30 days, the court issues letters of administration. The personal representative then uses these letters to access estate assets.
Helpful Hints
- Check the Maine Judicial Branch website for updated forms.
- Verify deadlines for notice to creditors.
- Keep copies of all filed documents.
- Consider a surety bond if required by the court.
- Consult an attorney for complex estates.