Detailed answer — overview (Maine probate law)

This explains the typical documents and steps to ask a Maine probate court to appoint a personal representative (executor or administrator) and to take the required oath. Maine probate law is found in Title 18‑A of the Maine Revised Statutes; the probate court in the county where the decedent last lived handles the filing and appointment. This is informational only and not legal advice.

Key documents you will normally need to file

• Certified death certificate. A certified copy (not just a photocopy) of the decedent’s death certificate is required by the court to open an estate file.
• Original will (if there is one). If the decedent left a will, you should file the original will with the probate court. If no will exists, you proceed under Maine’s intestacy procedures in Title 18‑A.
• Petition for appointment of personal representative (probate petition). This is the court form or pleading that asks the court to admit the will to probate (if any) and to appoint you (or another) as personal representative. The petition identifies the decedent, lists heirs and beneficiaries, and states whether the will nominates a personal representative.
• Acceptance of appointment and oath form. The person nominated (or a proposed administrator) must sign the oath required by the court confirming they will faithfully perform fiduciary duties. Many counties supply a specific form for the oath/acceptance.
• Bond or bond waiver. Maine permits a surety bond for the personal representative unless the will or interested parties waive bond. If the will requires bond or the court orders it, you must file a bond (and bond surety) or a written waiver signed by the beneficiaries, depending on the facts.
• List of heirs and beneficiaries and contact information. The petition usually requires the names and addresses of the heirs, devisees, and other interested persons so the court can direct notices.
• Affidavit of heirs or affidavit of service / notice. You will normally provide proof that required notices have been or will be sent to interested persons and sometimes to creditors. The court will provide guidance on the form and timing.
• Proof of identity for the petitioner. The court may ask for photo ID or other evidence that you are who you claim to be, especially when you sign the acceptance and oath.
• Filing fee. Probate courts charge filing fees. Bring payment or arrange waiver if eligible.
• Additional supporting documents (as needed). Examples: certified copies of prior probate paperwork if the estate was opened elsewhere, estate planning documents that affect appointment (e.g., trust language), renunciations by other nominated persons, or letters testamentary from another jurisdiction if ancillary probate is required.

How the appointment and oath step usually works

1. You file the petition and supporting documents in the probate court for the county where the decedent lived.
2. The court reviews the filing and decides whether to accept the will for probate (if any) and to appoint a personal representative.
3. If the court approves appointment, the appointed person signs the acceptance and takes the required oath in the form the court provides. The court then issues letters (letters testamentary or letters of administration) authorizing the personal representative to act for the estate.
4. If the court requires a surety bond, appointment typically becomes effective only after the bond is filed and approved.

Where to find Maine forms and law

General Maine probate law is in Title 18‑A of the Maine Revised Statutes: https://legislature.maine.gov/statutes/18-A/. Your local probate court’s webpage lists filing instructions and commonly used forms; search the Maine Judicial Branch probate pages for county filing locations and forms: https://www.courts.maine.gov/courts/probate/.

Important: Specific form names and exact documentary requirements can vary by county and by whether the estate is probated with a will or intestate. Always check the probate court’s local instructions or contact the clerk before you file.

Disclaimer: This article is informational only and not legal advice. For advice about your specific situation, contact a licensed Maine attorney or the probate court clerk.

Helpful hints — checklist and practical tips

• Call the probate court clerk in the decedent’s county before filing. Clerks can confirm the exact forms, fees, and whether the court needs the original will or a certified copy.
• Bring multiple certified copies of the death certificate. Banks and government agencies commonly require them.
• If you expect a bond to be required, get quotes from surety companies early. If the will waives bond, obtain a written waiver from beneficiaries to attach to the petition.
• Prepare a short list of heirs and beneficiaries with addresses and relationship to the decedent. Accurate contact information speeds notice and service requirements.
• Keep a file of everything you file with the court and of any notices you mail. Save return receipts or affidavits of service where required.
• If there is a will, try to locate any codicils, trust documents, or prior estate paperwork before filing. Missing documents can delay appointment.
• Ask about expedited or informal probate procedures if the estate is small and uncontested — some courts offer simplified routes that require fewer filings.
• Consider consulting a Maine attorney when: assets are complex (real estate, businesses, retirement accounts), there are likely disputes among heirs, questions about will validity exist, or significant creditor claims are expected.