Understanding How to Reconsider Letters of Administration and Remove an Administrator in Maine

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific case, consult a Maine probate attorney or the probate court.

Detailed Answer — How the process works under Maine law

If you are the sole heir and someone else holds letters of administration for a decedent’s estate, you can ask the Maine probate court to reconsider the appointment and remove the administrator. Maine’s probate system operates under the Maine Probate Code (Title 18‑C). The probate court has authority to appoint, supervise, and remove personal representatives (administrators) and to appoint successors when removal is warranted. See Title 18‑C of the Maine Revised Statutes for the governing rules: Title 18‑C, Maine Probate Code.

Who has priority to be appointed?

Maine law establishes a priority order for appointment of a personal representative. A sole heir generally has strong priority over nonheirs. If you truly are the sole heir (no surviving spouse, no other children or heirs), you have a high likelihood of being appointed if the court removes the current administrator.

Common legal grounds to ask for removal

• Failure to qualify or to take required oath and file a bond (if bond is required).
• Failure to file an inventory or provide required accountings.
• Breach of fiduciary duty, such as self-dealing, misappropriation, waste of estate assets, or neglecting estate obligations.
• Incapacity, illness, incarceration, or other inability to perform duties.
• Conflict of interest or conduct that puts the estate at risk.

These types of misconduct or incapacity give the court cause to remove an administrator and appoint a successor.

What you must show at the probate hearing

To succeed you must present evidence supporting removal: affidavits, correspondence demanding accountings, a record of missed filings, bank statements or other documents showing mismanagement, witness testimony, or criminal charges (if any). The probate judge evaluates whether removal is in the estate’s best interests.

Step-by-step practical process

1. Confirm the court and case: Determine which county probate court is handling the estate (usually where the decedent was domiciled).
2. Gather documents: death certificate, letters of administration, any inventory or accounting filed, communications with the administrator, bank records, and proof that you are the heir (family tree, birth certificates, etc.).
3. Demand information in writing: Send a written demand to the administrator requesting an accounting and inventory. Keep proof of delivery.
4. File a petition with the probate court: Ask either to remove the administrator (petition for removal or for cause) or to revoke letters and appoint a successor. Include a short statement of facts, evidence, and the relief you seek. The probate clerk can tell you required forms and local filing rules (Maine Judicial Branch probate information: Maine Probate Court Information).
5. Serve the administrator and other interested parties: The administrator and other interested persons must receive notice and an opportunity to be heard.
6. Attend the hearing: Bring original evidence and witnesses. Ask the court for immediate relief if assets are at risk (temporary removal, turnover, or bond increase).
7. If the court removes the administrator, request appointment as successor: If you qualify and the court finds it appropriate, it can appoint you as personal representative.

Possible remedies the court can order

• Removal of the personal representative and appointment of a successor.
• Orders requiring an accounting, turnover of assets, or an increase in bond.
• Surcharges (financial liability) against a former administrator for losses caused by misconduct.
• Temporary injunctive relief to protect estate assets while the matter is decided.

Timing, costs, and practical realities

Probate contested matters can take weeks to months depending on complexity and court schedule. Filing fees, copying, service costs, and (if you retain one) an attorney’s fee will add to cost. If the alleged misconduct is clear and urgent, courts act faster to protect assets.

If the administrator resists or disputes heirship

The administrator may defend by saying removal is unnecessary or by attacking your heirship claim. Be prepared with documentary proof of your relationship and any intestacy analysis under Maine law. If the administrator has a competing claim (for example, claims to be a creditor or a spouse), you will need to address those claims in court.

When to get a lawyer

Consider hiring a Maine probate attorney if the estate has significant assets, if you face complex creditor claims, if the administrator committed alleged theft or fraud, or if you are uncomfortable presenting evidence at a hearing. A lawyer can prepare pleadings, gather forensic financial evidence, and argue for emergency relief.

For the governing rules about appointment and administration, consult Title 18‑C of the Maine Revised Statutes: https://legislature.maine.gov/legis/statutes/18-C/title18-Cindex.html.

Helpful Hints

• Act quickly. Delays can make it harder to recover assets or gain appointment.
• Document everything. Save emails, letters, bank statements, and copies of filings. Signed, dated documents carry weight in court.
• Start by demanding an accounting in writing. Courts expect administrators to account to heirs; failure to do so supports removal.
• Talk to the probate clerk. Clerks can explain local procedures and required forms but cannot give legal advice.
• Consider limited, discrete legal help if you cannot afford full representation. Some attorneys offer unbundled services (help with filings or the hearing only).
• If assets face immediate risk (withdrawals, transfers), ask the court for emergency relief to freeze or secure assets pending a hearing.
• Keep your goal practical. If you are the sole heir, the court may appoint you, but the court’s focus will be protecting the estate and creditors, not punishing administrators.

For more information on probate procedure and local forms, contact the probate clerk at the county courthouse handling the estate or visit the Maine Judicial Branch probate information page: https://www.courts.maine.gov/court_procedures/probate/index.html.

Reminder: This is not legal advice. If you need help applying these steps to your situation, consult a Maine attorney experienced in probate law.