Disclaimer: I am not a lawyer. This article explains general Maine probate practices to help you decide whether to consult a lawyer. It is not legal advice.
Detailed Answer
If you believe filings in your father’s probate case are missing, incomplete, or incorrect, you have practical options under Maine probate procedures. Start by gathering the probate file, verify what is missing or wrong, then use informal and formal court procedures to fix errors, obtain missing documents, or ask the court to reopen or correct the estate record.
1. Get the probate case file and read it carefully
- Identify the probate court that handled the estate (Maine has local probate courts; see the Maine Judicial Branch Probate Court page: https://www.courts.maine.gov/courts/probate/).
- Ask the probate clerk for the case number and request copies of all filings: petition for administration, letters testamentary/letters of appointment, inventories, accountings, notices, orders, and the file docket.
- Request certified copies of any documents you will rely on (certified copies can be required for some court actions).
2. Identify the specific problems
Look for precise issues so you can act efficiently. Common problems include:
- Missing inventory or asset schedules
- Incorrect beneficiary names, account balances, or asset descriptions
- Lack of notice to an heir or interested person
- Accountings that omit transactions or distributions
- Clerical errors in court orders (typos, wrong dates, wrong names)
3. Try informal resolution first
If reasonable, contact the personal representative (executor/administrator) in writing. Request the missing documents or ask for corrections. Keep copies of all correspondence. Some errors arise from oversight and can be fixed without court proceedings.
4. Use probate court procedures to correct records or compel action
If informal resolution fails, you can ask the probate court to act. Typical filings in Maine include:
- Request to the clerk for copies or to inspect the file
- Motion or petition to correct clerical errors or to enter a nunc pro tunc order to fix the court record
- Petition for an accounting or supplemental accounting if you suspect incomplete bookkeeping
- Petition to reopen the estate if new assets, creditors, or critical facts appear
- Petition to remove a personal representative for misconduct or failure to perform duties
Procedures, forms, and filing requirements for petitions and motions appear on the Maine Probate Court website and in the Maine Revised Statutes (Title 18‑B). See general probate statutes: https://legislature.maine.gov/statutes/18-B/.
5. Evidence and what to bring to court
When you file a petition or appear at a hearing, bring copies of:
- The probate docket and all related filings you obtained from the clerk
- Bank statements, account ledgers, appraisals, or other documents showing asset values or transactions
- Correspondence with the personal representative or others about the missing/incorrect items
- Any notices you did or did not receive
6. Time limits and deadlines
Act promptly. Some types of objections (for example, will contests) have strict time limits. Even when statutory time bars do not apply, delay can make it harder to recover assets or prove errors. Consult the probate clerk about deadlines and the Maine statutes for timing and notice rules: Maine Revised Statutes, Title 18‑B (Probate Code).
7. If funds or assets are at risk, seek immediate relief
If you reasonably suspect that assets are being hidden, squandered, or transferred improperly, you can ask the probate court for emergency relief: temporary injunctions, removal of the personal representative, or an order to preserve assets. File as quickly as possible and provide strong supporting evidence.
8. Consider mediation or alternative dispute resolution
The court may encourage or order mediation. Mediation can save time and cost. Use it for disputes about accountings, distributions, or alleged mistakes if parties will participate in good faith.
9. Hiring an attorney
Probate law can be technical. If the estate has significant assets, contentious disputes, missing funds, or complex corrections, consult an attorney who regularly handles Maine probate matters. If you cannot afford an attorney, ask the probate clerk about self-help resources or local legal aid programs. Probate forms and guidance appear here: Maine Probate Court forms.
10. Common outcomes
Depending on the facts and court decisions, possible results include:
- Court orders correcting clerical errors in filings
- Probate orders compelling the personal representative to file a fuller accounting or produce documents
- Reopening the estate to administer newly discovered property
- Removal of the personal representative and appointment of a successor
- Monetary recovery or surcharge if the personal representative mismanaged assets
Helpful Hints
- Document every step: keep dated copies of letters, emails, and requests to the personal representative and to the court.
- Get the full probate docket and all exhibits to understand what the court already has on file.
- Ask the probate clerk for guidance on filing procedures and timelines — clerks can explain administrative steps though they cannot give legal advice.
- Use certified mail or another traceable delivery method when sending requests to the personal representative.
- If the case involves banks or investment accounts, request statements directly from institutions (they may provide them to an interested person or under a court order).
- Preserve evidence of suspicious transfers, including dates, recipients, and amounts.
- Act fast on suspected wrongdoing — evidence and recovery get harder over time.
- Consider limited-scope representation (unbundled legal help) if you need assistance with a single petition or hearing but cannot afford a full-retainer attorney.
- Check the Maine Probate Court forms page for templates you can use to request an accounting, file objections, or ask the court to correct records: https://www.courts.maine.gov/courts/probate/forms/index.html.