FAQ: How do I secure and inventory the house and stop siblings from taking belongings before I’m appointed Administrator in Maine?

Short answer: Act quickly to document and secure the property, notify family and local authorities, and ask the Probate Court for temporary authority if needed. Avoid unilateral removal of items unless you have legal authority. Consider seeking a temporary appointment or emergency relief from the Maine Probate Court to protect estate assets while the full appointment process proceeds.

Detailed answer — step‑by‑step guidance under Maine law

When a person dies and their real or personal property will pass through probate in Maine, the estate’s assets (including the house and items inside it) must be preserved for the estate. Until a personal representative (executor/administrator) is lawfully appointed by the Probate Court, no one has legal authority to take estate property for themselves. Removal of belongings by family members without permission can create civil liability (conversion) and may raise criminal issues. The Maine Judicial Branch provides guidance on opening an estate and how to request authority to act: https://www.courts.maine.gov/other_services/probate/.

1. Safety first

– If anyone is in immediate danger, call 9‑1‑1.

– If you reasonably suspect theft or vandalism is about to occur, call local police and ask for a civil standby or to file a report. A police report documents the situation and can deter immediate wrongful removals.

2. Document the property thoroughly

– Take time‑and‑date stamped photos and videos of every room and the exterior. Focus on jewelry, electronics, heirlooms, important documents, and containers or safes.

– Create a basic inventory list while you are at the house: room name, item description, estimated value, location in house, and condition.

– Save digital copies of photos and email them to yourself or to a neutral family member so they cannot be lost or altered.

3. Avoid unauthorized removal or destruction of property

– Do not remove or give away items from the house unless you are the titled owner or you have written authorization from the person entitled to act. Even well‑intentioned transfers can later be treated as wrongful by the court.

– If family members want to remove items, ask them to sign a written, dated inventory and keep a photograph of the items removed. That is not as strong as court authority, but it documents consent and accountability.

4. Secure the house — but know the limits

– Lock doors and windows and consider boarding broken openings. You may personally re‑lock the house or put a lockbox on the door for the keys if you can do so without removing estate property. Changing locks or taking possession of the house can raise property‑rights questions if you later lack appointment.

– If other relatives object to locks or access, avoid force. Instead, document the circumstances and get the Court involved.

5. Consider a temporary or emergency appointment from Probate Court

– Maine Probate Court can appoint a personal representative (administrator/executor). If assets are at risk, you can ask for an expedited or temporary appointment to protect the estate. The Court can grant limited authority (temporary personal representative) to preserve property pending formal administration.

– Filing instructions and probate forms are on the Maine Judicial Branch website: https://www.courts.maine.gov/other_services/probate/. Those forms explain how to petition for appointment. If urgent, call the local Probate Court clerk to explain the emergency.

6. Use civil remedies if someone removes property

– If siblings remove belongings without permission, you may be able to ask the Probate Court for an order requiring return of items, or seek damages for conversion. The police may treat clear, intentional theft or taking as a criminal matter.

7. Preserve critical documents and valuables

– Locate and secure wills, trusts, deeds, certificates, safe deposit box information, passports, social security cards, and insurance policies. These items have legal and financial importance.

8. Get witnesses and written statements

– If anyone witnesses improper removal of items, ask them to write and sign a short statement describing what they saw, with date and contact info.

9. Hire a Maine probate attorney if possible

– An attorney can file petitions, request emergency relief, and advise about criminal versus civil steps. If you file the probate paperwork yourself, the Probate Court clerks can explain filing basics but not give legal advice.

Key legal points under Maine practice

– Estate property generally must be protected until the personal representative is appointed by the Probate Court. For an overview of probate procedures in Maine, see the Maine Judicial Branch’s probate pages: https://www.courts.maine.gov/other_services/probate/.

– If someone takes items belonging to the decedent or the estate without permission, the action may constitute civil conversion and potentially theft under Maine law. For the consolidated Maine statutes, start with the Maine Legislature’s statutes index: https://www.mainelegislature.org/legis/statutes/.

Sample immediate checklist (what to do in the first 48 hours)

• Call local police to report concerns and request a civil standby if removals are likely.
• Take time‑stamped photos and video of every room and the exterior.
• Make a room‑by‑room inventory with brief descriptions and estimated values.
• Lock the house; if you change locks, keep a written record of why you did so.
• Locate the will and critical documents; photograph and secure them.
• Contact the Probate Court clerk to ask how to request an emergency/temporary appointment.
• If siblings insist on removing items, ask them to sign an itemized receipt and photograph what they remove.
• Keep logs of who entered the house and when.

Helpful Hints

• Politeness and documentation can prevent conflict. Ask family members to cooperate in writing before escalating to court.
• Photographs and emails with timestamps are powerful evidence if the court later needs to resolve disputes.
• Do not destroy or hide estate property to keep it from others; courts disfavor unilateral acts that alter estate condition.
• If the property was jointly titled or held in a trust, different rules may apply. Confirm title ownership before acting.
• Temporary court orders to protect assets are common and appropriate when estate property is in danger.
• Even if you plan to be the administrator, rely on court authority rather than informal family agreements for significant transfers.
• Keep a neutral third party (clergy, bank officer, attorney) present if you need to remove or inventory especially valuable items; that reduces later disputes.

Where to find forms and more information:

– Maine Judicial Branch — Probate Court information and forms: https://www.courts.maine.gov/other_services/probate/

– Maine statutes and legislative materials: https://www.mainelegislature.org/legis/statutes/

When to talk to an attorney

– Talk to a Maine probate attorney if property is being removed, if you need an expedited appointment, or if family disputes are getting heated. An attorney can prepare emergency motions and explain bonding obligations and the duties of a personal representative under Maine law.

Disclaimer: This article explains general principles under Maine probate practice and offers practical suggestions. It is not legal advice, does not create an attorney‑client relationship, and may not reflect recent changes in law. For advice about your exact situation, contact a Maine-licensed attorney or the local Probate Court.