Detailed Answer
In Maine, there is no central will registry. You must search several locations and records to confirm the existence of valid estate planning documents.
- Search Personal Records: Review the decedent’s home, safe deposit boxes, financial statements, and computer files for originals or copies of wills, trusts, powers of attorney, or advance health care directives.
- Contact Drafting Attorney or Law Firm: Many people store estate documents with the attorney who prepared them. If you know the attorney’s name, call the firm to inquire about any filed documents.
- Check with Banks and Safe Deposit Boxes: If the decedent rented a safe deposit box, you may need a court order to access it. Under Maine law, banks may not open a box until they receive letters testamentary. See 18-B MRS §3-302.
- File a Petition with Probate Court: File a petition for probate with the Register of Probate in the county where the decedent resided to determine if a will has been deposited. The Register holds wills deposited under 18-B MRS §3-301, and Maine law requires the personal representative to submit any will discovered within 30 days of appointment.
- Review Court Records: Once probate begins, the Register of Probate must provide copies of filed wills. Visit the courthouse or check if the county offers online docket access.
- National and Private Registries: Some services offer voluntary will registration. Registration is not mandatory under Maine law and does not guarantee discovery of all documents.
Disclaimer
This article provides general information under Maine law. It is not legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Keep copies of any documents you discover in a secure location.
- Act promptly to file a probate petition, as Maine law imposes timelines for notice and filings.
- Ask family members or friends if they know of any drafting attorneys.
- Bring identification and a death certificate when contacting banks or courts.
- Consider seeking legal counsel to navigate probate procedures smoothly.