Detailed Answer
Short answer: Yes. If you are an interested person in a Maine probate case, you can ask the probate court to require the personal representative (executor or administrator) to provide a written accounting of estate assets, receipts, payments and distributions. The court can order interim or final accountings, review the account, and resolve disputes about charges, fees, or missing property.
Who may request an accounting?
In Maine, an “interested person” can seek an accounting. That typically includes heirs, beneficiaries, creditors, and others with a legally protected interest in the estate’s outcome. If you are unsure whether you qualify, look at the case’s petition and any notices you received or consult the court docket or an attorney.
What does an accounting include?
- An inventory of estate assets at the start and as they change.
- Receipts of money received by the personal representative (sales, rents, bank balances).
- Expenses and bills paid on behalf of the estate (funeral costs, taxes, mortgages, repairs).
- Fees paid to lawyers, accountants, appraisers, and to the personal representative (if authorized).
- Distributions to beneficiaries and the basis for any distributions or allocations.
When can you request an accounting?
You can request an accounting at key points:
- Early or interim—if you suspect mismanagement or want regular oversight (the court can order periodic accountings).
- Before final distribution—the court typically reviews a final account before closing the estate.
- After notice—if the personal representative files an account, interested persons usually have a set time to object.
How do you start the process?
- Ask the personal representative informally for a copy of the inventory and any accountings. Many disputes resolve at this stage.
- If you do not receive documents or remain unsatisfied, file a formal request or objection with the probate court where the estate is open. The court may schedule a hearing.
- The court can compel production, order an independent accounting, authorize discovery, or appoint a special fiduciary (e.g., an auditor or receiver) if necessary.
What standards and remedies apply?
The personal representative must act in good faith and in the estate’s best interest. The court reviews accountings for reasonableness, completeness, and compliance with law. If the court finds mismanagement, it can:
- Require additional accounting or documentation.
- Surcharge the personal representative (order repayment for losses or unauthorized expenses).
- Remove or replace the personal representative.
- Order reimbursement to the estate and/or impose other sanctions.
Practical timeline and what to expect
After you request an accounting or file an objection, the court will set deadlines for responses and may hold a hearing. Expect several weeks to a few months in routine cases. Complex cases with litigation, forensic accounting or contested valuations can take longer.
Where to find Maine forms and court guidance
Probate courts publish forms and guidance about inventories, accountings, and objections. Start with the Maine Judicial Branch probate information and probate forms pages for local procedures and the documents you will need:
- Maine Judicial Branch — Probate Courts
- Maine Judicial Branch — Probate Forms (estate, inventory, account)
- For statutes and statutory framework, consult the Maine Legislature website (search terms: probate, personal representative, accountings).
Hypothetical example
Suppose Alice is appointed personal representative for her father’s estate. Months later, a beneficiary, Ben, learns the estate sold a rental property but sees no sale proceeds in the estate bank account and the personal representative paid herself an unexplained management fee. Ben asks Alice for records. She provides partial documents. Ben files a written request with the probate court for a full accounting. The court orders Alice to file a detailed accounting and to appear at a hearing. The judge reviews receipts, bank statements, and sale documents and either approves the account, orders supplemental documents, or imposes a surcharge if Alice cannot justify the transactions.
When to consult an attorney
Consider an attorney if:
- You suspect theft, fraud, or serious mismanagement.
- The accountings are incomplete or the personal representative refuses to cooperate.
- Complex tax, business, or valuation issues exist.
- You need help filing objections, motions to compel, or pursuing surcharges.
Disclaimer: This is general information, not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Maine attorney or the local probate court.
Helpful Hints
- Collect what you have: death certificate, will, letters of appointment, notices, bank statements, and any communications with the personal representative.
- Ask first, file second: request records informally—court action may not be necessary if the personal representative cooperates.
- Keep a timeline: note dates of appointments, asset sales, bill payments and communications.
- Use court forms: check the Maine Judicial Branch forms page for inventory and accounting templates to know what the court expects.
- Act inside deadlines: once the personal representative files an account, Maine probate procedures typically give limited time to object—file promptly if you intend to challenge anything.
- Document concerns clearly: if you suspect misconduct, list specific transactions and why they raise concern (missing receipts, unexplained fees, conflicts of interest).
- Consider mediation: some accounting disputes can be resolved through mediation or negotiation instead of litigation.
- Get professional help for complex matters: forensic accountants and probate attorneys can analyze records and present findings to the court.