Detailed Answer
Under Maine law, you can petition to probate a will discovered decades after its execution. The process involves authenticating the document, proving its validity, and complying with probate court rules. Even if no estate was opened following the decedent’s death, Maine has no statutory deadline to admit a will to probate.
1. Authenticate the Will
Locate the original document and confirm chain of custody. A valid Maine will must meet the execution formalities in Maine Rev. Stat. tit. 18-B, §2-502 (writing, testator’s signature, two attesting witnesses).
Maine Rev. Stat. tit. 18-B, §2-502
2. Cure Formal Defects (Harmless Error)
If the will lacks formalities, you may invoke the harmless error doctrine. Show by clear and convincing evidence that the testator intended the document as their final will. See Maine Rev. Stat. tit. 18-B, §2-503.
3. Prove Due Execution
File a probate petition and present evidence under Maine Rev. Stat. tit. 18-B, §3-501. You may submit:
- Affidavits of attesting witnesses
- Secondary evidence if witnesses are deceased or unavailable
- Proof no revocation occurred (e.g., no destructive act)
Maine Rev. Stat. tit. 18-B, §3-501
4. File the Petition
Submit your petition to the Probate Court in the county of the decedent’s last domicile. Attach:
- Original will
- Proof of death
- Any affidavits and evidence
5. Notice and Hearing
Maine law requires notice to beneficiaries and interested parties. Notify under Maine Rev. Stat. tit. 18-B, §3-701 and §3-702. The court will schedule a hearing and may issue Letters Testamentary or Letters of Administration with the will annexed.
6. Addressing Delayed Discovery
If you find the will long after the estate closed, you may petition to reopen under extraordinary relief. Present reasons for delay—such as misplacement—and evidence of any continued estate administration. Courts weigh prejudice to third parties before granting relief.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Maintain a clear chain of custody: note where and how you found the will.
- Interview any individuals present at execution for corroborating statements.
- Gather death certificates and proof of domicile before filing.
- Notify interested parties early to avoid objections.
- Consider hiring a probate attorney to navigate court procedures.