Detailed Answer
Before opening probate in Maine, you must locate the decedent’s original will and any codicils, then confirm they meet Maine’s execution requirements. Here’s a step-by-step approach:
1. Conduct a Thorough Search
- Check the decedent’s personal files, home safe, desk drawers, or fireproof box.
- Review safe‐deposit box records. Maine law allows a court to order its opening if you suspect a will is inside. See 18-A M.R.S. § 3-304(5): https://www.mainelegislature.org/legis/statutes/18-A/title18-Asec3-304.html.
- Contact the attorney or law firm that prepared the will. Lawyers often retain original wills or know where they filed them.
- Ask close family members or the named executor if they have custody or know the location of the original documents.
2. Check for Deposited Wills
Maine allows a testator to deposit a will with the probate court for safekeeping. The testator may file the original will or codicils at any time before death under 18-A M.R.S. § 3-304(4). Contact the clerk in the county where the decedent lived to see if a will is on deposit.
3. Verify Execution and Authenticity
- Confirm the will was signed by the decedent and attested by at least two credible witnesses as required by 18-A M.R.S. § 3-502(1). See statute: https://www.mainelegislature.org/legis/statutes/18-A/title18-Asec3-502.html.
- If the will is “self-proved,” it includes a notarized affidavit by the witnesses under § 3-502(4). That affidavit speeds up probate because courts accept it without live testimony.
- For wills without a self-proving affidavit, secure witness affidavits or depositions confirming they observed the signing and mental capacity of the testator. See 18-A M.R.S. § 3-505: https://www.mainelegislature.org/legis/statutes/18-A/title18-Asec3-505.html.
4. Prepare for Probate Filing
Once you have the original will and any codicils and you’ve verified they meet statutory formalities, file a petition for probate in the probate court of the decedent’s county of residence. Include the will, codicils, witness affidavits, and death certificate. The court clerk will review and admit the will to probate if everything is in order.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Maine attorney for guidance specific to your situation.
Helpful Hints
- Keep the executor informed of the will’s location and any storage details.
- Store the original will separately from personal papers to avoid misplacement.
- Use a safe, fireproof location or bank safe-deposit box for original documents.
- Register the will with the National Will Registry or a similar service to aid future searches.
- Gather witness contact information immediately after signing so affidavits are easier to obtain.