Detailed answer

Short answer: Unauthorized charges to a decedent’s accounts or estate property are usually handled in two ways during probate in Maine: (1) the personal representative (executor/administrator) can identify and recover improper payments as part of estate administration, and (2) an affected heir, creditor, or the personal representative can bring a claim in probate court (or a civil action) to recover money from the person who took it. The probate court can order recovery, surcharge the personal representative if they allowed the losses, and distribute recovered funds to the estate for proper payment to heirs and creditors.

What counts as an “unauthorized charge”?

Examples include:

• Withdrawals from the decedent’s bank account after death by someone without authority.
• Payments made from estate property for personal benefit that are not authorized by the will or by the court.
• Payments to a caregiver, agent under a power of attorney, or family member that exceed what was authorized or are not lawful debts.

Who has responsibility?

The personal representative (PR) named in the will or appointed by the court is responsible for marshaling estate assets, paying valid debts, and producing an accounting to the probate court and interested persons. If someone has taken estate funds without authorization, the PR should identify the loss and attempt recovery. If the PR fails to act or participated in improper transactions, interested persons (heirs, beneficiaries, or creditors) can object and ask the court to act.

Key steps in the probate process for unauthorized charges

1. Preserve evidence. Save bank statements, canceled checks, receipts, emails, text messages, and any communications about the transfer or withdrawal.
2. Notify the personal representative and request an explanation. Put requests in writing and ask the PR to document and reverse improper payments where possible.
3. Ask the PR for an accounting. Maine probate procedures require the PR to provide accountings to the court and to interested persons so irregular transactions can be identified. See the Maine Probate Code (Title 18-C) for rules on administration and accounting: Maine Revised Statutes, Title 18-C (Probate Code).
4. File an objection or petition with the probate court. If the PR does not correct the problem, an interested person can file a petition asking the probate court to compel an accounting, surcharge the PR, remove the PR, or directly recover the funds.
5. Pursue a claim against the person who took funds. The PR (or another interested party) can bring an action for conversion, breach of fiduciary duty (if the person was an agent or fiduciary), or unjust enrichment. Criminal theft or fraud charges are a separate option through law enforcement.
6. Distribution and remedy. Recovered funds go back into the estate and are available to pay creditors and beneficiaries in the normal order of priority. If the PR is responsible for losses, the court can surcharge the PR personally to make the estate whole.

Where to look in Maine law

Important legal concepts that apply in Maine include the probate administration rules, the PR’s duties and accounting obligations, and remedies for breach of fiduciary duty or conversion. See Maine Probate Code, Title 18-C: https://legislature.maine.gov/statutes/18-C. For practical probate procedures and forms you can also review the Maine Judicial Branch probate information: Maine Courts — Probate.

Timing and deadlines

Probate timelines and deadlines for filing claims or objections can be short. The PR typically gives notice to creditors and interested persons; after notice there are statutory windows to file claims or object to accountings. Because timing can affect recovery options, act promptly and consult the probate clerk or an attorney about deadlines.

Practical outcomes you can expect

• The probate court can order repayment or impose a surcharge against a PR who allowed or caused unauthorized charges.
• The estate can pursue the person who removed funds for return of the money and possible damages.
• If the PR fails to act, the court can remove and replace the PR and charge them for losses caused by misconduct or negligence.
• Criminal prosecution may be available for theft or fraud, but criminal remedies do not replace civil recovery in probate.

When to get a lawyer

If the unauthorized amount is significant, if a fiduciary acted improperly, or if the PR refuses to act, consult an attorney who handles probate and trust disputes. A lawyer can help file the necessary petitions in probate court, pursue civil claims, and advise on interaction with law enforcement for possible criminal action.

Disclaimer: This article provides general information about Maine probate concepts and is not legal advice. For advice about a specific situation, consult a licensed attorney in Maine.

Helpful Hints

• Immediately preserve all financial records (bank statements, check images, credit card statements) showing the unauthorized charges.
• Send a written demand to the personal representative asking for an explanation and correction.
• Get a copy of the estate inventory and any accountings the PR has filed with the court.
• Contact the probate clerk’s office for forms and information about filing objections or petitions in the county where probate is open: Maine Courts — Probate.
• If the person who took funds is a former agent (under a power of attorney) or caregiver, preserve communications and records showing the scope of their authority and any payments made for services.
• Consider mediation or settlement early—probate disputes sometimes resolve faster and cheaper by agreement.
• Act quickly — waiting can reduce the remedies available and make recovery harder.