Detailed Answer
Overview. When a person dies without a will (intestate) in Maine, a probate court appoints a personal representative (often called an administrator) to collect assets, pay debts, and distribute what remains to heirs under Maine law. The Register of Probate for the county where the decedent lived handles appointments and estate administration. This section explains the practical steps to apply to serve as administrator, the legal rules that determine who may be appointed, and the duties you will have if appointed.
1. Where to start
Begin at the county Register of Probate in the county where your mother resided at her death. The Maine Judicial Branch oversees probate courts. For general information and office locations, see the Maine Judicial Branch website: https://www.courts.maine.gov/. For statutes that govern probate and intestacy in Maine, see the Maine Revised Statutes index: https://legislature.maine.gov/statutes/.
2. Who can be appointed?
Maine law gives priority to certain people when appointing a personal representative. In typical order, the court prefers a surviving spouse, then an adult child, then other next of kin. If multiple people have equal priority, the court may allow them to agree on who will serve. If they cannot agree, the court will select the person it finds appropriate. The court also considers whether the proposed administrator is qualified and able to serve (for example, adults with legal capacity and not disqualified by a felony or other statutory bar).
3. Essential documents and information to prepare
- Original or certified copy of the death certificate.
- Your identification and proof of relationship (birth certificate, family records, etc.).
- Names and addresses of heirs and next of kin.
- Approximate inventory of the decedent’s assets and debts (bank accounts, real estate, vehicles, insurance, retirement accounts).
- Any known creditor information.
4. Filing a petition to be appointed
File a petition or application for appointment with the Register of Probate. The form name varies by county but typically is called a Petition for Appointment of Personal Representative or Petition for Administration. The petition asks for information about the decedent, the proposed administrator, heirs, and the estate’s approximate value.
The Register will charge a filing fee. The court may schedule a hearing or appoint the administrator by review of the papers. If the court appoints you, it will issue Letters of Administration (sometimes called Letters Testamentary or Letters of Appointment), which give you authority to act for the estate.
5. Bond and waivers
The court may require the administrator to post a surety bond to protect the estate against mismanagement. The bond amount typically depends on the estate’s size. The court can waive the bond if all heirs agree and sign a waiver or if the law allows. Discuss bond requirements with the Register of Probate when you file.
6. Notice and creditor claims
After appointment, you must notify known heirs and creditors and may need to publish notice to unknown creditors. Maine law sets deadlines for creditors to present claims. You must follow statutory notice requirements and timelines to protect the estate and avoid personal liability for unpaid claims you could have reasonably discovered.
7. Duties of an administrator
- Collect and secure assets of the estate.
- Open an estate bank account for estate funds.
- Inventory the estate and file required inventories with the Register of Probate.
- Pay valid debts, taxes, and administration expenses in the priority order required by law.
- Account to the court and request approval of final distribution when administration is complete.
- Distribute remaining assets to heirs according to Maine intestacy rules.
8. Intestacy and how assets are distributed
If there is no will, Maine’s intestacy rules determine who inherits. The rules typically favor a surviving spouse and then children, with other relatives inheriting if none of the closer relatives survive. For details on intestate succession, consult the Maine statutes listed at the Maine Legislature website: https://legislature.maine.gov/statutes/.
9. Timeline and costs
Appointment can occur within days to weeks after filing, depending on county workload and whether notice or a hearing is required. Administration for simple estates may close in a few months. Complex or contested estates can take a year or longer. Expect costs such as filing fees, bond premiums, publication fees, and possibly attorney fees if you hire counsel.
10. When to consider an attorney
Consider hiring an attorney if heirs dispute who should serve, if significant assets (especially real estate or business interests) are involved, if there are tax issues, or if creditors or complex claims are likely. An attorney helps with court filings, bond issues, creditor claims, tax returns, and the required accounting.
Statutes and official resources. Maine’s probate and intestacy provisions are in the Maine Revised Statutes; consult the Maine Legislature statute index: https://legislature.maine.gov/statutes/. For practical probate office contacts and local forms, consult the Maine Judicial Branch: https://www.courts.maine.gov/.
Helpful Hints
- Contact the Register of Probate in the decedent’s county before filing to learn local forms, fees, and any required procedures.
- Gather documents early: death certificate, account statements, deeds, titles, and bills.
- Notify major institutions (banks, Social Security, insurers) promptly — some will require Letters of Administration to release funds.
- Keep detailed records and receipts for all estate transactions; you will need them for the inventory and final accounting.
- Ask heirs to sign a bond waiver if they agree; that can simplify appointment and reduce costs.
- If you are unsure whether the estate has enough assets to cover debts, obtain legal advice before paying or distributing funds.
- Use county probate office staff as a resource for procedural questions; they cannot give legal advice but can explain filing steps and forms.
Disclaimer: This article is informational only and is not legal advice. It is not a substitute for consulting a licensed attorney who can advise you about your specific situation under Maine law.