Getting Appointed as Estate Administrator in Maine When Your Spouse Died Intestate

Short answer: As the surviving spouse in Maine you generally have priority to be appointed the personal representative (administrator) of your spouse’s estate even if the decedent left no will. You start by filing a petition with the Probate Court in the county where your spouse lived, provide required documents (death certificate, list of heirs, asset summary), give notice to interested persons, and attend any hearing. If the decedent’s family refuses to cooperate, the court can still appoint you based on statutory priority and the court’s evaluation of what is appropriate under Maine law (Title 18‑B). This article explains the steps, paperwork, and options when family members are uncooperative.

Detailed answer — step‑by‑step under Maine law

1. Understand the legal framework. Maine’s probate and intestacy rules are in the Maine Revised Statutes, Title 18‑B (Probate Code). Those statutes set who has priority to be appointed and how intestate property passes. See Maine Revised Statutes, Title 18‑B for the governing rules: https://legislature.maine.gov/statutes/18-B/.

2. Confirm you have priority to be appointed. As a surviving spouse you are typically at the top of the list of persons who may be appointed as the personal representative. Even if other relatives claim a right to administer the estate, the Probate Court uses statutory priority and the facts of the case to decide who should be appointed. If you are the decedent’s spouse, you should be prepared to show proof of marriage (marriage certificate) and your spouse’s death certificate.

3. File a petition for appointment in the correct Probate Court. File a Petition for Appointment of Personal Representative (sometimes called Petition for Administration or Petition for Letters of Administration) in the Probate Court in the county where your spouse lived at death. The court clerks can tell you which forms the court accepts and the filing fee. The Maine Judicial Branch website and local Probate Court will have instructions and typical forms: https://www.courts.maine.gov/.

4. Prepare the required documents. Typical items to file with the petition include:

Certified death certificate.
Proof of your identity and marriage.
A list of known heirs and their contact information (children, parents, siblings, other relatives).
A list of the estate’s assets and their approximate values (bank accounts, real estate, vehicles, life insurance payable to the estate, personal property).
Any vendor/creditor information and known debts.

5. Notify interested persons and allow for objections. Maine procedure requires notice to certain interested persons (heirs, creditors in some cases). The court will usually require you to mail or otherwise deliver notice of the petition and any hearing date. If a family member objects, the court will hear the objection before deciding who should be appointed.

6. If family members won’t cooperate, request court intervention. Lack of cooperation is common. You do not need family consent to be appointed if you have statutory priority. If family members refuse to provide information (e.g., location of assets) or refuse to sign waivers, the court can still appoint you and can order third parties (banks, registries of deeds) to provide records when you have letters of appointment. If urgent action is needed to protect assets (property at risk, bank accounts being drained), you can ask the court for temporary or emergency appointment pending a full hearing.

7. Court hearing and contested appointments. If someone challenges your appointment, the court will schedule a hearing. Be prepared to explain why you should be appointed: your relationship, your willingness and ability to serve, and any reasons the objecting party should not serve (conflict of interest, incapacity, bad faith). The judge will apply statutory priority rules and exercise discretion under Title 18‑B.

8. Letters of appointment and required bond. If the court appoints you, it will issue letters of administration (sometimes called letters of appointment or letters testamentary). The court may require you to post a bond to protect the estate, unless the court waives bond (sometimes possible when the sole heir is the surviving spouse or when no creditor risk exists). The court explains bond requirements when it issues letters.

9. Administer the estate and follow accounting duties. As administrator you must marshal assets, notify creditors, pay valid debts and taxes, inventory the estate, and ultimately distribute assets under Maine’s intestacy rules. You may need to file inventories and final accountings with the Probate Court, and get the court’s approval for certain actions. Keep clear records and receipts.

10. When to hire a probate attorney. If the estate is complicated (real estate, contested claims, businesses, substantial debts), or if family members actively obstruct your efforts (refuse to disclose assets, sell property, or file false claims), consult a probate attorney. An attorney helps prepare pleadings, represent you at hearings, obtain orders compelling cooperation, and ensure you comply with filing and notice requirements.

What if the family actively obstructs you?

Common actions to take when relatives obstruct administration:

File the petition despite non‑cooperation. The court can appoint you over objections if the law supports it.
Ask the court for subpoenas or orders to produce documents (bank records, deeds, account statements).
Request temporary or emergency letters to protect assets immediately.
Ask the court to order an inventory or accounting from the objecting family member if they were handling assets.
If someone is stealing or dissipating assets, request immediate injunctive relief from the Probate Court or, in urgent cases, the Civil Court.

Statutes and official resources

Key legal materials you may consult:

Maine Revised Statutes, Title 18‑B (Probate Code): https://legislature.maine.gov/statutes/18-B/
Maine Judicial Branch (Probate Court information and forms): https://www.courts.maine.gov/

Note: specific section numbers in Title 18‑B cover priorities for appointment, procedures for notice and hearings, bond requirements, and intestacy distribution rules. The general Title 18‑B link above will help you find the exact provisions relevant to appointment, intestate succession, and administration.

Typical timeline and costs

Filing a petition and getting a hearing: often 2–6 weeks, depending on court schedules and whether the matter is contested.
Issuing letters and complete administration: can take several months to more than a year, depending on asset collection, creditor claims, tax issues, and disputes.
Costs: filing fees, possible bond premiums, attorney fees (hourly or flat), appraisal or accounting costs. The court may allow reasonable fees for the personal representative to be paid from the estate.

Helpful hints

Gather documentation early: certified death certificate, marriage certificate, account statements, deeds, vehicle titles, insurance policies, and any prior tax returns.
Make a simple asset inventory before you file: list bank names (last known balances), real property, vehicles, and valuable personal property.
Contact the Probate Court clerk before filing to learn the local filing checklist, fee amount, and whether they provide fillable forms.
Provide accurate contact information for all known heirs and next of kin—this speeds notice and reduces objections for technical reasons.
If a family member threatens or commits wrongdoing (theft, hiding assets), capture evidence (emails, texts, bank statements) and tell the court; you may need immediate relief.
Consider a short consultation with a probate attorney even if you intend to serve yourself. A lawyer can review your petition, explain bond options, and advise on likely objections.
Keep excellent records and receipts for every transaction you make for the estate—these protect you from future claims and help when filing accountings.

Final reminder and disclaimer: This article explains general Maine procedures for getting appointed as a personal representative when a spouse dies intestate and family members are uncooperative. It is educational only and does not constitute legal advice. For advice tailored to your situation, consult a licensed Maine probate attorney or contact the Probate Court clerk for local procedural guidance.