Detailed answer — What you can do if you didn’t get notice of a final accounting in a Maine probate case

Short answer: Act quickly. In Maine probate matters, beneficiaries and interested persons have the right to review accountings and to object. If a sibling filed a final accounting and you never received notice, you can ask the probate court to reopen or set aside the accounting, to require the personal representative to provide a full accounting, or to permit a late objection — but you must move promptly and follow the court’s procedures. This is general information, not legal advice. If you need to protect financial or property interests, contact a probate attorney right away.

How the process usually works (basic concepts)

When someone serves as a personal representative (executor/administrator) of a probate estate in Maine, that person must provide accountings and give notice to interested persons in certain situations. The court supervises distributions and approves final accountings before closing the estate. Interested persons (heirs, beneficiaries, creditors) generally have the right to see the estate file and to object to the personal representative’s actions.

Because probate law and deadlines matter, missing notice can be an important procedural defect. If you genuinely did not receive notice that would have allowed you to object, the court may allow you to make a late objection or to reopen the estate in appropriate circumstances.

Practical steps to take right now

1. Get the probate file and the accounting. Visit (or call) the probate court where your parent’s estate was opened and request copies of the docket, the final accounting, the petition for settlement or discharge, any notices served, and the mailing/service list. The probate clerk can tell you who was served and what documents were filed.
2. Check whether you were an “interested person.” Under Maine probate rules, heirs, beneficiaries under a will, devisees, and certain creditors are typically considered interested persons and are entitled to notice. If you are an interested person and you weren’t given required notice, that strengthens a request to reopen or set aside the accounting.
3. Confirm the court’s deadlines. Many objections must be filed within specified timeframes after notice or after an accounting is filed. If you didn’t receive notice, courts can sometimes accept an untimely objection if you can show excusable lack of notice. Do not wait — talk with the court clerk and an attorney immediately.
4. File a formal objection or petition to reopen/for relief. Common requests include filing exceptions/objections to the accounting, asking the court to set aside the settlement/allowance, petitioning to require a new accounting, asking the court to enjoin distributions, or asking the court to remove the personal representative if there is wrongdoing. Your filing will need to explain why you did not receive notice and what relief you seek.
5. Consider interim relief if assets are being distributed. If the personal representative has begun or completed distributions and you suspect improper distributions or missing assets, you can ask the court for an emergency order (temporary restraining order or injunction) to freeze further distributions while the court evaluates your objections.
6. Collect evidence. Gather the will, death certificate, correspondence with the personal representative, bank and asset records, prior accountings (if any), and any communications that show you were not contacted. That evidence supports a claim of lack of notice and any claim of mismanagement.

Possible legal grounds to challenge the final accounting

• Failure to give statutorily required notice to interested persons.
• Failure to include required assets or liabilities in the accounting (incomplete inventory).
• Unexplained or unauthorized distributions to beneficiaries.
• Self-dealing, conflict of interest, or breaches of fiduciary duty by the personal representative.
• Clerical or procedural defects in how the accounting or petition was served or filed.

How the court may respond

The probate court has discretion to:

• Allow a late objection or petition to reopen when an interested person did not receive notice.
• Require the personal representative to file a corrected accounting or to provide additional documentation.
• Order restoration of improperly distributed assets, or order monetary relief if assets cannot be recovered.
• Remove and replace the personal representative for misconduct or incompetence.
• Deny relief if the court finds the lack of notice was harmless or the petition is untimely without good cause.

Where to look in Maine law and court resources

Key Maine statutes are in the Maine Revised Statutes, Title 18‑B (the Maine Probate Code). See the Maine Legislature’s statutes site for Title 18‑B: Maine Revised Statutes, Title 18‑B (Probate Code). For practical probate procedures, forms, and contact information for Maine’s Probate Courts, see the Maine Judicial Branch website: Maine Judicial Branch (courts.maine.gov).

Note: specific section numbers cover accountings, notice, and the court’s authority to supervise and reopen estates. If you need a citation to a particular provision (for example, for notice or to object to an accounting), a probate attorney or the court clerk can point you to the exact statutory subsections in Title 18‑B that apply to your situation.

Practical tips and timelines

• Do not assume silence means everything is fine. Missing notice can void or delay final approvals.
• Act quickly. Even if the law provides time limits, courts are more likely to help if you move promptly after learning of the accounting and demonstrate reasonable steps you took to learn about the probate.
• Ask the court for available forms and local procedures. Probate courts vary in formality and required filings.
• Consider mediation. If the issues are mainly about allocation or interpretation of the will, a mediated settlement may be faster and less costly than contested litigation.
• Keep communications respectful and document everything in writing. That record helps if the dispute escalates.

When to get a lawyer

Consult a probate attorney if:

• The estate has significant assets or complex holdings.
• You suspect misappropriation or fiduciary breaches.
• You need emergency relief to stop distributions or preserve assets.
• You are unsure how to draft or file an objection or petition under Maine practice rules.

An attorney can draft a precise petition, advise about deadlines and likely outcomes, and represent you at hearings.

Helpful hints

• Make an immediate written request to the probate court for the estate file and service list.
• Ask the court clerk whether notice was mailed, posted, or published, and get copies of any proof of service.
• Preserve bank statements, titles, and any documentation that shows assets were misreported or omitted.
• If you find out about the accounting after distributions, ask the court for an accounting of distributions and consider a petition to surcharge the personal representative for improper distributions.
• Do not rely on informal promises from the personal representative; get agreements in writing and filed with the court when possible.
• If you cannot afford an attorney, ask the court about self-help resources, pro bono programs, or legal aid referrals.

Disclaimer: This article provides general information about Maine probate practice and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation and to preserve legal rights, consult a qualified Maine probate attorney promptly.