FAQ: Getting the Probate Court’s Permission to Sell Estate Property in Maine

Short answer: If you are a personal representative (executor/administrator) or an interested person and need the probate court’s permission to sell real estate in Maine, you must file a written petition (often called a petition for sale of real estate or petition for authority to sell), provide the required attachments and notice to interested parties, and obtain a signed court order authorizing the sale. If the clerk’s office won’t explain the filing requirements, use the court’s published forms and rules, request a judge’s chambers conference, or consult an attorney or legal aid.

Detailed answer — how this works under Maine law and practical steps

Under Maine probate procedure, a personal representative generally has statutory powers to manage estate property, but when a sale of real property requires court approval (because the will limits sales, because the personal representative lacks independent authority, or because interested persons object), the court must sign an order authorizing the sale. The steps below explain what you normally must do and how to proceed if the clerk’s office is not providing clear guidance.

1. Confirm who has authority to sell

If you hold Letters Testamentary or Letters of Administration, check the letters and the will. Some wills expressly give the personal representative power to sell without further court approval. If the will or letters are silent or the sale is contested, you will likely need a court order.
Statute reference: Maine’s probate law is codified in Title 18‑B. See the Maine Legislature’s probate code pages for general rules: Maine Legislature (Title 18‑B search). For practical court forms and probate rules, see the Maine Judicial Branch Probate section: Maine Judicial Branch — Probate.

2. Prepare a petition for authority to sell real estate

The petition should identify the estate, the petitioner’s role (executor/administrator), describe the property (address and deed reference), explain why the sale is necessary or appropriate (pay creditors, divide proceeds, maintain the property), state the proposed sale terms (price or method of sale — e.g., listing or private sale), and ask the court to issue an order authorizing the sale and approving any proposed purchaser or sale contract if required.

3. Attach supporting documents

Copy of will (if any) and proof of appointment (Letters or court appointment).
Death certificate.
Copy of the purchase agreement (if sale is under contract) or proposed method (listing agreement, appraisal).
Affidavit or statement showing efforts to notify interested persons and where they can object.

4. File the petition with the probate court and request a hearing or ex parte order

File the petition in the probate county where the estate is being administered. Include a proposed order for the judge to sign. If there is urgency (imminent threat to the property), you can request ex parte (emergency) relief, but that is granted only for clear, immediate need and often requires strong factual showing.

5. Provide required notice and service

Maine probate practice requires notice to interested persons (heirs, beneficiaries, devisees, and sometimes creditors) so they have an opportunity to object. The court may require personal service or mail, and sometimes publication when addresses are unknown. If you fail to provide proper notice, the sale authorization can be delayed or invalidated.

6. Attend hearing and obtain signed order

At the hearing the judge will consider objections and whether the proposed sale is in the estate’s best interest. If approved, the judge signs an order that you record with the county Registry of Deeds so title can transfer to the buyer.

7. Record the order and close the sale

Record the signed court order (and any deed) as required by local recording rules. Pay proceeds into the estate account and follow the court’s directions about distribution, creditor claims, or reimbursement of expenses.

What to do if the clerk’s office won’t explain filing requirements

Use online self-help resources first: Maine Judicial Branch posts probate forms and general filing instructions (see Maine Judicial Branch — Probate).
Locate the standard forms: Many counties provide a sample petition to sell real estate and a proposed order. Use those as templates for content and formatting.
Read local probate rules: Some counties have local filing rules or fee schedules available on their court websites. If you cannot find them online, ask the clerk for the local “schedule of forms” or the court’s website address in writing.
Request a chambers conference: If the clerk cannot or will not explain, ask to speak with the judge’s clerk or request a chambers conference with the judge (in writing). Judges can give non‑binding procedural direction about what must be filed.
File anyway using clear, organized documents: Courts prefer a clear petition, supporting attachments, a proposed order, and a certificate of service/notice. Even if you are unsure of a detail, a well‑organized filing is likely to be accepted and the court will set a hearing or provide instructions.
If filing flags problems, the court will typically issue a deficiency notice. Keep proof of your attempts to get help (emails, written requests) in case of disputes.

Practical documents checklist (what to bring or attach)

Petition for authority to sell real estate (typed; includes case caption and estate name).
Proposed order authorizing sale (ready to be signed by judge).
Copy of will and Letters Testamentary or Letters of Administration.
Death certificate.
Purchase agreement or proof of appraisal/listing.
Notice form and list of interested persons with addresses.
Affidavit of service or certificate of mailing.
Filing fee (check the county fee schedule).

Common problems and how to avoid them

Missing heirs or unknown addresses: ask the court about required publication or posting rules before you file.
Creditors’ claims: ensure the estate’s creditor notice period is observed before final distribution. See Maine probate creditor claim rules in Title 18‑B (search at Maine Legislature).
Sale price disputes: an appraisal or market analysis can help the court conclude the sale is fair.
Bond or additional security: the court may require a bond to protect estate assets if the personal representative’s appointment didn’t waive bond.

When to consult an attorney

You should consider hiring a Maine probate attorney if:

There is a dispute among heirs or beneficiaries.
The property is encumbered or there are title issues.
Creditors are asserting claims that affect the sale.
The clerk’s office repeatedly refuses to provide basic procedural guidance and you need to protect estate property quickly.

Free or low‑cost options: contact the local county bar association for referrals, or search for legal aid and pro bono clinics in Maine. The Maine State Bar Association website can help locate referrals.

Helpful Hints

Start with the county probate court website—many post sample petitions and local instructions.
File a short, clear petition and proposed order even if you’re unsure; the court will tell you if more is needed.
Include a copy of the purchase agreement or at minimum an appraisal or listing price to show the sale is reasonable.
Always serve or mail notice to heirs and beneficiaries and keep proof of service.
Keep organized files: cover sheet, petition, attachments, proposed order, proof of service, and fee receipt.
If the clerk is unhelpful, make a written request for procedure or for a judge’s chambers conference—document your attempts to get guidance.
Record the court’s signed order at the Registry of Deeds so the buyer can obtain clear title.

Where to look online: Maine Judicial Branch — Probate: https://www.courts.maine.gov/court_procedures/probate/. Maine legislative statutes (Title 18‑B search): https://legislature.maine.gov.

Final notes and next steps

If the clerk’s office is unhelpful, do not delay protecting the property—use the court’s public resources, file a clear petition with a proposed order, serve notice, and ask the court for direction. If the matter is complex or contested, consult a Maine probate attorney for guidance. Keep detailed records of all filings, notices, and communications.

Disclaimer: I am not a lawyer. This article explains general Maine probate practice and is not legal advice. For advice about a specific matter, consult a qualified Maine probate attorney.