Detailed Answer
When someone dies, choosing the correct venue ensures the probate court has authority to open or transfer the decedent’s estate. In Maine, the rules appear in the Maine Revised Statutes, Title 18-A.
1. Initial Probate Venue
Under Maine Revised Statutes Title 18-A, §3-201(a), the proper venue is:
- The probate district where the decedent was domiciled at death.
- If the decedent had no Maine domicile, the district where real or personal property is located.
- If there is neither Maine domicile nor property, the district where the decedent died.
Link to statute: 18-A MRS §3-201.
2. Transferring Venue
Sometimes a filing is made in the wrong district. Under Title 18-A, §3-202, any interested person may petition the court to transfer proceedings to the correct district. The court will grant the transfer if venue was improper or would better serve administration.
Link to statute: 18-A MRS §3-202.
3. Ancillary Administration
If the decedent was domiciled in another state but owned Maine property, file for ancillary probate in the county where that property lies. The same venue rules under §3-201 apply.
Helpful Hints
- Check the decedent’s last primary residence to confirm domicile.
- Locate all real estate and significant personal property in Maine.
- Review §§3-201 and 3-202 early to avoid court objections.
- Obtain certified death certificate and property deeds before filing.
- Consider local probate clerk guidelines for district-specific procedures.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.