Detailed Answer — How Maine law usually works

Start by identifying how the house is owned. The path to sell depends on whether the house passes automatically or is part of the probate estate:

• Right of survivorship / joint tenancy: If the house was owned jointly with a right of survivorship (for example, joint tenants with another person), title typically passes automatically to the surviving joint owner and the house is not part of probate. You generally do not need to open an estate or publish creditor notice to sell.
• Beneficiary deed or transfer on death deed: If a statutory beneficiary deed or transfer‑on‑death instrument named a beneficiary, the house transfers outside probate when the transfer becomes effective. No small‑estate probate notice is necessary to effect that transfer.
• Trust ownership: If the house is in a living trust, the trustee follows the trust terms and real estate normally transfers without probate.
• Owned solely by the decedent (no automatic transfer): If the decedent owned the house solely and it does not pass by survivorship or a beneficiary designation, the house is part of the probate estate. In that case you usually need either formal probate administration or some court authorization to sell the property.

Maine’s simplified or “small estate” procedures mainly address collection and distribution of small amounts of a decedent’s personal property (bank accounts, personal effects). Those simplified procedures often do not allow a person to transfer or sell real estate on the strength of a small estate affidavit alone. That means if the real property is part of the estate, you will likely need a court appointment (personal representative or administrator) or other probate authorization before you can legally sell the house.

When an estate is opened in Maine, the personal representative normally must provide notice to creditors. Maine’s probate statutes and local probate rules set the timing and manner for that notice. Creditors must be given an opportunity to present claims against the estate; the publication and mailing of notices are the standard ways to create that opportunity. See the Maine probate code (Title 18‑A of the Maine Revised Statutes) for the rules that govern notice and creditor claims: https://legislature.maine.gov/statutes/18-A/title18-Aindex.html

Typical effect for selling the house:

• If you can show the property passed outside probate (joint ownership, beneficiary deed, trust), you can usually sell without publishing a three‑month notice to creditors.
• If the house is part of a probate estate and you are appointed personal representative, the probate court may require creditor notice (often by publication and sometimes by mail) and may set a claims period. After the claims period runs or claims are resolved, the court can authorize a sale. That process commonly involves at least several weeks to months, depending on whether claims arise and the court’s schedule.
• There may be narrow exceptions or expedited procedures in limited circumstances, but courts typically will not permit a sale of estate real property without appointment or court authority just because an estate is “small.”

Because procedures and terminology can vary with the county probate court and the specific facts (presence of a will, creditors already known, mortgage or liens on the property), confirming with the local probate court or a Maine probate attorney is the safest next step.

Helpful Hints — Steps to take now

1. Check how the deed lists title (sole owner, joint tenants, tenants in common). If the house had survivorship ownership or a beneficiary deed, you may avoid probate.
2. Search for a will or trust. A will may require probate; a trust may allow a transfer without probate.
3. Contact the county probate court where the decedent lived and ask whether the property is likely to be part of the probatable estate and what their notice requirements are. Local clerks can explain filing and notice procedures.
4. If the estate must be opened, expect creditor notice procedures. Prepare to provide creditor notice information (names, addresses) and to publish notice if the court requires it.
5. If you need to sell quickly (e.g., to prevent property deterioration or pay mortgage), discuss temporary court authority or a petition for sale with an attorney; courts can sometimes approve interim sales under certain conditions.
6. Get a title search before sale. Liens, mortgages, or creditor judgments can affect your ability to sell and may need resolution in probate.
7. Consider consulting a Maine probate attorney if the property’s ownership is unclear, the estate has debts, or parties dispute the sale. An attorney helps with petitions, notices, and court sales and can speed the process.

Where to find Maine law and local probate information

Read the Maine probate statutes (Title 18‑A) at the Maine Legislature site: https://legislature.maine.gov/statutes/18-A/title18-Aindex.html. For practical probate forms and court contact information, visit the Maine Judicial Branch website: https://www.courts.maine.gov/