Can I become the administrator (personal representative) of my sibling’s estate in Maine if they died without a will?

Short answer: Possibly. In Maine, someone who wants to administer a person’s estate when there is no will must be an “interested person” and follow the probate court’s appointment process. Priority for appointment generally follows family relationships. If you are a surviving sibling and there is no surviving spouse, no surviving descendants, and no surviving parent, you may be in line to serve. You must file a petition in the probate court in the county where the decedent lived, follow notice and bond rules, and receive formal appointment (letters of administration) before acting on the estate.

Not legal advice: This article explains Maine probate basics to help you decide whether to consult a lawyer. It does not create an attorney-client relationship or replace legal advice.

Detailed answer — how qualification and appointment work in Maine

1. Key terms you should know

• Intestate — the person died without a valid will.
• Personal representative (sometimes called administrator or executrix/executor) — the person the probate court appoints to collect assets, pay debts and distribute the estate according to law.
• Interested person — someone with a potential legal right in the estate (heirs, beneficiaries, creditors). Interested persons can petition for appointment.

2. Who has priority to be appointed?

Maine law gives appointment priority to certain family members and interested people. In plain terms, the court will typically look first to the decedent’s surviving spouse (if any) and children. If there is no spouse or descendants, the court looks to parents, and then to siblings and other relatives. If multiple people in the same priority class petition, the court may favor a person nominated by the majority of that class, the person who petitions first, or a person the court finds most suitable.

Because the exact order and rules are in the Maine Probate Code, check the statutes or ask the probate clerk for guidance. See Maine’s probate statutes: Title 18-A, Maine Probate Code.

3. Basic qualifications to serve

• Be an interested person (heir or creditor).
• Be an adult with legal capacity. Courts generally will not appoint persons under 18.
• Not be disqualified by law (for example, certain felony convictions or incapacity can bar appointment; the court may also deny appointment for conflict of interest or misconduct).

4. Steps to petition for appointment as administrator (personal representative)

1. Locate the probate court where the decedent lived when they died. The county probate court has authority to open the estate.
2. Gather documents: the death certificate, the decedent’s basic information (full name, date of death, address), and any information about heirs or potential creditors.
3. File a petition for appointment of a personal representative (often called a petition for administration or letters of administration) with that probate court. The court clerk can provide the correct form and filing fee details.
4. Provide the court with a list of likely heirs and their contact information so the court can notify interested parties.
5. The court will set any required hearing, issue notices, and determine whether to require a bond. If there is no will to waive bond, the court often requires a bond to protect the estate from mismanagement.
6. If you are approved, the court issues official documents (letters of administration or letters testamentary) that give you authority to act for the estate.

5. What the court looks at when deciding who should serve

The court considers whether the petitioner is qualified, whether there is a more entitled person (for example, a surviving spouse), whether the petitioner is suitable (honest, capable), and whether the petitioner will properly protect estate creditors and heirs. If another interested person objects, the court resolves disputes through its procedures.

6. Responsibilities once appointed

As administrator you will typically need to:

• Collect and safeguard estate assets.
• Provide notice to creditors and pay valid claims.
• Inventory estate property and file required reports with the probate court.
• Pay estate taxes and final personal taxes if applicable.
• Distribute remaining assets to heirs according to Maine’s intestacy rules.
• Close the estate through a final accounting and petition to the court.

7. Where to find the exact rules and forms

Consult the Maine Probate Code for statutory details and the local probate court for forms and procedural rules. Key sources:

• Maine Probate Code (Title 18‑A): https://legislature.maine.gov/statutes/18-A/
• Maine Judicial Branch — probate court information and local contacts: https://www.courts.maine.gov/

Helpful Hints

• Start at the probate clerk’s office: the clerk can confirm which county handles the estate and provide petition forms and fee information.
• Gather a short family tree showing survivors (spouse, children, parents, siblings) and current contact information for heirs. This speeds the petition process.
• Bring multiple certified copies of the death certificate — probate and third parties (banks) will request them.
• Expect the court to require a bond if there’s no will naming a personal representative who waived bond. Ask the clerk whether a bond will be required and how to obtain one.
• If other family members want to serve, try to reach agreement on who will petition. A joint petition or agreement reduces conflict and expense.
• Keep clear records and receipts for all estate transactions; courts expect transparency in accounting.
• If the estate is small and uncomplicated, ask the court clerk about simplified administration options to reduce time and cost.
• Consider consulting a Maine probate attorney if the estate has significant assets, debts, tax issues, disputes, or if you anticipate objections from other family members.

Closing thoughts

Yes, you can often qualify to be appointed administrator of a sibling’s estate in Maine if they died without a will. Success depends on your relationship to the decedent, whether higher-priority individuals exist, and whether the court finds you qualified and suitable. Follow the probate court’s filing requirements, provide proper notice, and be prepared to post a bond if required.

Reminder: This article provides general information about Maine probate procedures. It is not legal advice. For advice tailored to your situation and to confirm current statutory details, consult a probate attorney or the local probate court.