How to Formally Challenge a Sibling’s Application for Letters of Administration in Maine

Short answer: If you object to a sibling’s application for letters of administration in Maine, you must file a formal objection (often called a petition or written objection) with the probate court in the county where the decedent lived, ask for a hearing, and present facts showing why the sibling should not be appointed. Common grounds include lack of priority, incapacity, conflict of interest, misconduct, or the existence of a valid will. This article explains the steps, the law basics, evidence to gather, and next steps.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For help tailored to your situation, consult a licensed Maine attorney experienced in probate and estate administration.

Detailed answer — How the process works under Maine law

In Maine, probate matters are handled by the Probate Division of the Maine Judicial Branch in the county where the decedent was domiciled. When someone files an application for letters of administration (i.e., to be appointed the personal representative for an intestate estate or when the nominated personal representative cannot or will not act), the court will generally give notice to interested parties and may issue letters if there is no timely objection or no jurisdictional problem.

1. Establish standing — who can object

Anyone with an interest in the estate may object. Typical parties with standing include beneficiaries and heirs (next of kin), creditors, and persons named in a will (or who would be heirs if there is no will). If you are the decedent’s sibling and you expect to inherit or you are concerned about the proposed administrator’s qualifications or conduct, you have standing to object.

2. Common legal grounds to challenge the appointment

• Lack of priority or better-qualified person exists (Maine probate gives priority to certain persons—surviving spouse, adult children, next of kin—so another person may have superior right to appointment).
• Existence of a valid will that names a different personal representative (if a will exists, an administrator is not appropriate).
• The applicant is incapacitated, mentally unfit, or has a criminal history that bears on fitness to serve.
• Conflict of interest or self-dealing (e.g., applicant stands to benefit improperly, has engaged in fraud or undue influence).
• Failure to give required notice or file required forms, or improper service.
• Applicant is insolvent or refuses to give bond when required.

3. Timing and filing your objection

File your objection promptly. If you wait until after the court issues letters, you can still petition the court to remove the administrator, but courts are more likely to treat prompt objections favorably. To challenge an application you generally must:

1. Go to the probate clerk in the county where the decedent lived. Ask what document the court requires — many courts accept a written objection or a formal petition to contest appointment.
2. File the written objection with the probate court and request a hearing. Include your name, contact information, your relationship to the decedent, the application you object to (names and case number if available), the specific facts and legal grounds for your objection, and the relief you seek (denial of letters, appointment of someone else, or referral to a hearing).
3. Serve the applicant and other interested parties with a copy of your objection pursuant to the court’s rules (the clerk will explain service requirements).

4. What happens at the hearing

The court schedules a hearing in which both sides present evidence: documents, witness testimony, and legal argument. Typical evidence you might present includes the decedent’s will (if one exists), medical records suggesting incapacity, proof of financial misconduct, police or court records, or proof that you or another person have a superior right to appointment.

5. Possible court outcomes

• Deny the application and appoint a different personal representative (someone with superior priority or suitability).
• Grant the application, but impose conditions (require a bond, limit authority, or require supervised accounting).
• Allow appointment but later remove the personal representative for misconduct or incapacity after a separate removal proceeding.

6. Removal after issuance of letters

If letters of administration already issued, you can file a petition for removal or for a declaratory ruling (for example, asking the court to remove the administrator for misconduct, failure to account, breach of fiduciary duty, incompetence, or conflict of interest). The court will follow procedures under Maine probate law for removal and may require an accounting or other remedies.

Practical checklist — what to do now

1. Locate the probate case: Contact the probate clerk in the county where the decedent lived and ask whether an application for letters has been filed. Get the case number and file date.
2. Gather documents: death certificate, any will(s), correspondence, financial statements, records of suspected misconduct, medical records (if capacity is an issue), and contact info for witnesses.
3. Speak with the probate clerk: ask the exact form the court prefers for objections and the deadlines and fees. Maine Probate Court clerks can explain filing and service requirements (see Maine Probate Division resources linked below).
4. File a written objection and request a hearing as soon as possible. Serve all interested parties according to the clerk’s instructions.
5. If urgent (risk of asset dissipation), ask the court for emergency temporary relief (temporary restraining order, injunction, or limited letters) to freeze the administrator’s authority until the hearing.
6. Consider hiring an attorney: contested probate proceedings have complex procedural and evidentiary rules, and an attorney experienced in Maine probate can present evidence and arguments effectively.

Helpful hints

• Start early: delay weakens objections and may allow irrevocable actions by the administrator.
• File precise, factual allegations: courts want facts, not speculation. Dates, documents, and witness names help.
• Be organized: create a timeline of events and attach copies of key documents to your objection if possible.
• Use the probate clerk as a resource for forms and local procedures but not as legal advice.
• If there’s a will, a copy should be presented to the court. A valid will naming a different personal representative usually controls.
• If finances are at risk, ask the court for bond or limited authority while the dispute proceeds.
• If family relations are strained, consider mediation or settlement talks before trial — courts appreciate reasonable cooperation.

Where to find Maine law and court resources

Relevant Maine probate law is found in Title 18‑A of the Maine Revised Statutes (Estates and Protected Individuals). For the statutory framework and definitions, see the Maine statutes and the Probate Division pages:

• Maine statutes (Title 18-A, Estates and Protected Individuals) — Maine Legislature: https://www.mainelegislature.org/legis/statutes/18-A/
• Maine Judicial Branch — Probate Division general information: https://www.courts.maine.gov/maine_courts/probate/
• Maine Judicial Branch — Probate forms and local procedures (contact your county probate clerk for the exact forms and filing instructions): https://www.courts.maine.gov/maine_courts/probate/forms/

When to consult an attorney

Talk to a Maine probate attorney if the matter involves significant assets, complex family relationships, suspected fraud, or if the other party is represented by counsel. An attorney can prepare pleadings, collect and present admissible evidence, invoke emergency relief, and argue statutory priorities under Maine law.

If you want help finding an attorney, consider contacting the Maine State Bar Association or local legal aid/referral services; they often maintain probate counsel referral lists.