Detailed answer — how intestacy and probate work in Maine

When a person dies without a valid will, Maine law treats that person as an intestate decedent. Intestacy means state law (the Maine Probate Code) determines who inherits. The Probate Court handles appointments of personal representatives and administration of intestate estates. See the Maine Probate Code: Title 18‑B of the Maine Revised Statutes: https://legislature.maine.gov/statutes/18-B/.

However, probate administration is only required for assets that are “probate assets.” Probate assets are items that were owned solely in the decedent’s name and therefore cannot transfer without court authority or a personal representative. Common probate assets include:

• Real estate titled solely in the decedent’s name.
• Bank or brokerage accounts held only in the decedent’s name (no joint owners and no payable‑on‑death/transfer‑on‑death designation).
• Personal property (vehicles, jewelry, household goods) titled or held only in the decedent’s name when a third party requires proof of authority to transfer.
• Stocks or securities held in the decedent’s sole name.

Assets that typically pass outside probate (and therefore usually avoid administration) include:

• Joint tenancy or tenancy by the entirety property with right of survivorship.
• Assets with designated beneficiaries (life insurance, IRAs, 401(k)s, accounts with payable‑on‑death or transfer‑on‑death designations).
• Assets held in a revocable trust or other properly funded trust.

If all of a decedent’s property passes outside probate (for example, everything was jointly owned or had beneficiary designations or was in a trust), you generally will not need to open a probate administration.

Small‑estate options and simplified procedures

Maine provides procedures that can avoid full administration for smaller estates or certain kinds of property. These simplified procedures let heirs or creditors collect some assets without opening a full estate. Whether you qualify depends on the type and value of property and the rules the Probate Court applies. Check Title 18‑B or contact the local probate court to learn the exact small‑estate options available where the decedent lived: Maine Probate Code (Title 18‑B).

How to decide whether to open probate

1. Make an inventory of assets and check how each is titled.
2. Look for beneficiary designations, joint owners, trusts, or payable‑on‑death/transfer‑on‑death instructions.
3. Contact institutions (banks, brokerages, DMV, insurance companies) to learn what documentation they need to transfer each asset.
4. If assets remain titled solely to the decedent and institutions require court authority, file for appointment of a personal representative in the Probate Court in the county where the decedent lived.

What opening an estate usually involves in Maine

If you need to open probate, the basic steps usually are:

• File a petition for administration with the local Probate Court and submit the decedent’s death certificate.
• The court appoints a personal representative (sometimes called an administrator where there’s no will).
• The personal representative locates assets, notifies creditors and heirs, pays valid debts and taxes, inventories the estate, and distributes remaining property according to Maine’s intestacy rules.

Practical considerations: probate takes time and may have filing fees, possible bond requirements, and costs for notice, accounting, and attorney assistance. Timelines vary by county and the complexity of the estate. For guidance on local procedures and forms, see the Maine Judicial Branch probate information: https://www.courts.maine.gov/ (select probate/self‑help resources for your county).

Who inherits if there is no will?

Maine’s intestacy rules in the Probate Code determine the heirs (generally a surviving spouse, children, parents, siblings, etc.). The exact share depends on who survives the decedent. For an authoritative statement, consult Title 18‑B of the Maine statutes: https://legislature.maine.gov/statutes/18-B/.

Helpful hints

• Start by locating the death certificate, bank statements, deeds, vehicle titles, life‑insurance policies, and retirement account statements.
• Check beneficiary designations and joint‑owner arrangements before assuming probate is necessary.
• Contact the probate court clerk in the county where the decedent lived early — clerks can explain local filings and small‑estate options.
• Do not move or close accounts until you know who has legal authority to do so; doing so without authority can cause problems.
• If the estate appears complex (real property, business interests, significant debts, out‑of‑state assets), consider consulting a probate attorney licensed in Maine.
• Keep careful records of communications, notices, and distributions. Personal representatives must usually keep and provide records to the court and heirs.
• If you suspect the decedent had a valid will, search for it in safe places (home, attorney’s files, safe deposit box) and check with local courts where wills are sometimes filed.
• If immediate access to money for funeral or urgent expenses is needed, ask the bank or probate clerk about emergency short‑term options or small‑estate procedures.