Detailed Answer — Step-by-step: Who is the legal owner and who are the heirs?

When a person dies in Maine, ownership of their property depends on whether they left a valid will and whether the estate has gone through probate. Follow these steps to determine rightful heirs and who owns the property:

1. Check for a will.

   A valid will usually names an executor and the people who inherit. Look for the original will among the decedent’s papers, in safety deposit boxes, with their attorney, or in where important documents were kept. If you find a will, the named executor should file it with the Probate Court in the county where the decedent lived.

2. Search the Probate Court records.

   If the decedent’s estate was probated, the probate file shows who the executor or administrator is and who received property. Use the Maine Judicial Branch probate information and forms page to find the local probate office and files: https://www.courts.maine.gov/fees_forms/probate/. If there is an open probate case, those records identify the estate representatives and the distribution plan.

3. If there is no will — intestate succession.

   When there is no valid will, Maine’s intestate succession law determines who inherits. The state statute sets the order (for example, surviving spouse, children, parents, siblings, etc.) and the shares. For the exact rules, review Maine statutes at the Legislature’s statutes site: https://legislature.maine.gov/statutes/. A probate filing for administration should list the heirs and distribute property according to those rules.

4. Search land records (Registry of Deeds) for title information.

   Ownership of real estate is shown on the deed recorded at the county Registry of Deeds. Search the deed index in the county where the property sits to see the last recorded owner and any recent transfers or probate-related documents (deeds, tax liens, mortgages). If a deed shows your grandparent as the current owner and no transfer appears after death, the property may be part of the estate until the probate process transfers title.

5. Obtain a death certificate.

   Many officials and institutions (probate court, banks, county recorder) require an official death certificate. You can get certified copies through Maine’s health/vital records office: https://www.maine.gov/dhhs/mecdc/vital-records/.

6. Identify immediate family and potential heirs.

   Gather names and contact information for surviving spouse, children, grandchildren, parents, and siblings. Family Bibles, obituary notices, prior tax returns, social media, and conversations with relatives can help build the family tree. The probate court or an estate attorney can help verify relationships (birth certificates, marriage certificates).

7. Determine whether simplified procedures apply.

   Some small estates or assets held jointly with rights of survivorship pass without a full probate. Maine provides simplified procedures or affidavits in certain cases; check the probate forms or ask the probate clerk whether a small estate process or an affidavit of heirship is appropriate.

8. Transfer title once heirs are confirmed.

   After probate or a proper affidavit, the estate representative uses probate documents (letters testamentary or letters of administration) or a court order to record a new deed at the Registry of Deeds to transfer real estate to the heir(s). The Registry of Deeds will explain the recording process and required documents for the county where the property sits.

9. When ownership is disputed or unclear.

   If multiple relatives claim the property, if there are missing heirs, or if title appears clouded (conflicting deeds, forged signatures, unknown liens), you may need a probate judgment, a quiet title action, or legal help to resolve ownership.

For more on Maine probate and estate administration procedures and required forms, start with the Maine Judicial Branch probate page listed above and the Maine statutes directory: https://legislature.maine.gov/statutes/.

Common Documents You Will Need

• Certified death certificate(s)
• Original will (if any)
• Deeds and property tax bills for the real estate
• Marriage certificates, birth certificates, adoption records (to prove family relationships)
• Bank statements, account numbers, retirement documents showing asset ownership
• Prior tax returns and a list of creditors and debts

When to Hire an Attorney

Consider hiring an attorney if any of the following applies:

• There is no will and multiple people claim to be heirs.
• The estate has significant debts, tax issues, or business interests.
• Title or deed records are conflicting or appear improper.
• There are missing heirs, unknown heirs, or heirs who cannot be located.
• Family conflict threatens to delay or block administration.

An attorney can file probate petitions, draft deeds, handle court disputes, and ensure transfers comply with Maine law.

Helpful Hints

• Start at the probate court: the local probate clerk can tell you whether a probate case exists and what documents have been filed.
• Search the county Registry of Deeds online (or visit in person) for recent deeds tied to the property.
• Gather records early: death certificate, will, deed, tax bills, and proof of relationships reduce delays.
• Joint ownership with rights of survivorship and beneficiary designations (on bank or retirement accounts) often pass outside probate — check account documents.
• If you suspect missing heirs, consider an estate search service, genealogical research, or ask the probate court about notice procedures required before distribution.
• Keep careful notes of all calls, searches, and documents obtained — dates, names, and reference numbers matter.
• Expect some time: probate and title transfer can take weeks to months depending on complexity.