Short answer (FAQ style)

If a creditor files a claim after the 90‑day notice period in a Maine probate matter, the claim is generally subject to being barred. The personal representative can ask the probate court to disallow the late claim. A late claim may be allowed only in narrow circumstances — for example, if the creditor did not receive proper notice, the court finds good cause to excuse the delay, or another statutory exception applies.

Detailed answer

When someone dies and an estate is opened in Maine, the personal representative (executor or administrator) typically gives notice to known creditors and publishes notice to unknown creditors. Maine’s probate rules set time windows for creditors to present claims so that estates can be closed and assets distributed. Generally, creditors must present claims within the period set by statute and by the court’s notice. If a creditor waits until after the 90‑day notice period to file a claim, the claim will usually be treated as late.

Consequences of a late claim under Maine practice:

• Barred claim: The personal representative can move the probate court to disallow or reject the claim as untimely. If the court sustains that objection, the creditor loses any right to be paid from estate assets.
• Court discretion: The probate court may allow a late-filed claim in limited circumstances. Typical bases for allowing a late claim include lack of proper notice to the creditor, excusable neglect, or other equitable reasons. The creditor must persuade the court that the late filing should be excused and that allowing payment will not unfairly prejudice other parties.
• Impact on distribution and final accounting: If a late claim is allowed, it may reduce amounts otherwise available to heirs or beneficiaries. If the estate has already been distributed and closed, allowance of a late claim may require reopening the estate or proceeding against recipients of the distribution in appropriate circumstances.
• Alternative remedies: Some creditors may try to pursue recovery outside probate (for example, a separate civil lawsuit against an heir who received an improper transfer). Whether that approach succeeds depends on statutory protections for distributions after administration and whether the distribution was made in good faith under court supervision.

For reference to Maine’s probate law framework, see Maine’s probate statutes (Title 18‑A), which govern administration, notice to creditors, and claim procedures: Maine Revised Statutes, Title 18‑A (Probate Code). If a particular statute or Probate Rule is at issue in your situation, check the exact section or consult a probate clerk or attorney for the particular text and court practice.

How courts commonly analyze late claims

1. Determine when and how notice was given to creditors and whether the claimant had actual or constructive notice.
2. Evaluate whether the claimant’s delay is excusable (e.g., mental incapacity, serious illness, lack of reasonable knowledge of the estate).
3. Consider prejudice to the estate or other creditors and beneficiaries if the late claim is allowed.
4. Decide whether to allow the claim in whole, allow it in part, or disallow it entirely. The court may also impose conditions for allowance.

Practical steps if you receive notice of a late creditor claim

• Check the probate file and notice dates. Confirm the date the estate gave notice to creditors and when the 90‑day window ended.
• Request documentation. Ask the creditor to provide proof of the debt, the date the debt arose, and any proof that they received or did not receive notice.
• Consider objecting. If you are the personal representative or an interested person, file a written objection with the probate court and request a hearing to disallow the claim if you believe it is untimely.
• Evaluate exceptions. If the creditor claims they lacked notice or has other grounds, assess whether reopening the estate or negotiating a settlement is wiser than litigating.
• Keep records. Preserve all communications, mailings, and proof of distributions. That documentation helps the court determine whether to allow a late claim.

When to talk to an attorney

Consider consulting a Maine probate attorney if a late claim could materially reduce distributions, if the estate has already been distributed or closed, or if the creditor alleges facts that might prevent a simple disallowance. An attorney can advise whether to object, negotiate, or seek court approval for a proposed resolution.

Helpful hints

• Confirm the exact notice deadline in the estate’s probate filings and trusting the court file dates is critical.
• Not all late claims are automatically invalid. Courts can allow late claims for good cause — be prepared to document any prejudice or lack of notice.
• If you are a creditor, keep proof of mailing addresses, communications, and why you missed the deadline; that evidence supports a request to excuse the delay.
• For personal representatives: follow statutory notice procedures carefully and document service and publication to reduce the risk of later disputes.
• If distributions already occurred, learn whether the estate was closed with court approval — closure may complicate reopening and satisfying late claims.