How Maine law determines the order of succession among children when someone dies without a will

Short answer: If a person dies intestate (without a will) in Maine and is survived by children but not by a surviving spouse, the decedent’s estate generally passes to the children equally, with deceased children’s shares passing to their own descendants by representation (per stirpes). If a child dies before the decedent leaving children (grandchildren of the decedent), those grandchildren take the deceased child’s share. Maine’s intestacy rules and probate appointment rules are in Title 18‑B of the Maine Revised Statutes; see the Maine Probate Code index: https://www.mainelegislature.org/legis/statutes/18-B/title18-Bindex.html.

Detailed answer — how succession among children works under Maine law

Begin with two separate questions people commonly mean by “order of succession among children”: (A) who inherits the estate (distribution among children), and (B) who has priority to serve as the estate’s personal representative (administrator). Both follow Maine’s probate code.

A. Who inherits when the decedent is survived by children and no spouse?

1. Equal shares to surviving children: If the decedent is survived by one or more children and not by a spouse, Maine law directs that the estate passes to the decedent’s descendants — normally the children — in equal shares (subject to representation where a child predeceased the decedent). See the Maine Probate Code for the statutory framework: Title 18‑B, Maine Revised Statutes.

2. Representation (per stirpes): If a child died before the decedent but left children (the decedent’s grandchildren), the grandchildren take the deceased child’s share by representation. In simple terms, that means the deceased child’s branch of the family takes the portion that the child would have taken, split equally among that child’s surviving descendants.

Example 1 (all children survive): Decedent has three surviving children — A, B, and C. Each child receives one‑third of the intestate estate.

Example 2 (one child predeceases with children): Decedent has three children: A (alive), B (predeceased with two children), and C (alive). B’s two children split B’s one‑third share (i.e., each grandchild receives one‑sixth), while A and C each receive one‑third.

3. Adopted and biological children: Legally adopted children are treated as descendants for intestate succession. Foster or stepchildren are not heirs unless they were legally adopted. The Maine statutes define who counts as a descendant for inheritance purposes; see Title 18‑B for details: Maine Probate Code (18‑B).

4. Children who die leaving no descendants: If a child predeceased the decedent and left no descendants, that child’s branch gets nothing and the distribution is among the remaining children or their branches.

5. Half‑blood relatives: In many intestacy systems, children of the half‑blood inherit equally with those of the whole blood. Maine’s probate law addresses degrees of kinship; check Title 18‑B for the exact rules.

B. Who gets appointed administrator (priority among children) when there is no will naming a personal representative?

1. Priority rules for appointment: When a decedent dies intestate, someone must be appointed by the probate court to administer the estate. The court gives preference in appointment to certain persons in a statutory order (for example, a nominated personal representative, then the surviving spouse, then other close relatives). If the decedent named no personal representative and no spouse seeks appointment, adult children commonly have priority ahead of more distant relatives. The probate clerk or judge will follow the statutory priority list and may consider who will best serve the estate and the heirs’ interests.

2. Multiple children wanting appointment: If more than one child seeks appointment as administrator, the court typically will either appoint one administrator (often by agreement among the children) or appoint co‑administrators if that makes sense. If the children cannot agree, the court will decide based on who is best able to serve (availability, residence, conflicts of interest, criminal history, etc.).

3. Practical note: Many families avoid contested appointments by agreeing among themselves and filing a joint application naming one or two agreed‑upon administrators. If children cannot agree, hiring a probate attorney to help present the case to the court is common.

Other practical rules and edge cases

• Posthumous children: Children conceived before but born after the decedent usually qualify as descendants under probate rules, so they can inherit if they are born alive.
• Intestate share adjustments: Debts, funeral expenses, and administrative costs are paid from the estate before distributing to heirs.
• Small estate procedures: Maine has simplified procedures for small estates (affidavits, etc.). If an estate is small, heirs sometimes can receive assets without a full administration. Check the Maine Probate Court rules for small estate thresholds and procedures.
• Creditors and claims: Heirs take subject to outstanding valid creditor claims. The administrator must notify creditors and follow statutory claim procedures.

What to do next — practical steps for children when a parent dies intestate in Maine

1. Obtain several certified copies of the death certificate.
2. Locate important documents (bank records, titles, insurance, any draft will or nomination if one exists).
3. Contact the local probate court (county probate clerk) to learn filing requirements and which forms to use.
4. If the estate is modest and all heirs agree, consider small estate procedures or a joint application for appointment to avoid contested administration.
5. If there is disagreement among heirs or complexity (significant assets, potential creditors, property in multiple states), consult an attorney experienced in Maine probate to protect your rights and guide the administration.

Helpful statute reference

Maine’s probate and intestacy provisions are located in Title 18‑B of the Maine Revised Statutes. For the governing framework, see the Maine Probate Code index at: https://www.mainelegislature.org/legis/statutes/18-B/title18-Bindex.html. For appointment of personal representatives and administration rules, refer to the probate administration chapters within Title 18‑B (probate court procedures and appointment priorities are found there).

Helpful Hints

• Don’t assume equal shares will be distributed before debts and expenses are paid — administration comes first.
• If a child predeceased the decedent, gather birth certificates and proof of descent for grandchildren who may inherit.
• Discuss appointment and administration early with siblings to avoid contested probate and extra costs.
• If you suspect a will exists or the decedent made a nomination, search personal papers and contact any attorney who may have represented the decedent before filing.
• When in doubt about complex issues (e.g., ambiguous family relationships, business interests, out‑of‑state property), get a Maine probate attorney’s help early.

Disclaimer: This article explains Maine probate concepts and is for general informational purposes only. It is not legal advice and does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed Maine attorney.