Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Detailed Answer
In Maine, when someone dies owning property in their name alone, you must open an estate in probate court to transfer assets. The court appoints a personal representative to manage the estate, pay debts, and distribute property.
Under Maine law, the order of appointment follows a statutory priority list. See 18-C M.R.S. §3-204: Statute §3-204. The priority is:
- Spouse or domestic partner
- Children
- Parents of the decedent
- Siblings
- Other next of kin
A mother-in-law is not on this list. She is not a spouse, child, parent of the decedent, or sibling. Therefore, she has no automatic right to serve. However, the court may appoint her if:
- No one in a higher priority class applies or is willing to serve.
- All closer relatives are incapacitated, unwilling, or have conflicts of interest.
- The court finds that appointing her will protect the estate and heirs.
To pursue appointment, you would:
- File a petition for probate in the probate court in the county where the decedent lived.
- Notify all heirs and qualified persons of your petition.
- Attend a hearing if any object.
- Show the court there is no eligible person with higher priority or that they have declined.
For procedural rules and forms, see Maine Judicial Branch Probate Forms: Probate Forms.
Helpful Hints
- Identify all potential heirs before filing; use 18-C M.R.S. §3-204 as your guide.
- Contact close relatives early to see if they will serve as personal representative.
- Gather the decedent’s assets, debts, and documents before petitioning.
- Be prepared to explain to the court why no higher-priority person can serve.
- Consider hiring an attorney to navigate court procedures and deadlines.