How to Probate a Will in Maine

By Andrine Redsteer

Maine offers two types of probate filings: informal and formal. You may file for informal probate if there is nothing in dispute such as the will's validity; informal probate doesn't involve a judge or hearings before the probate court. Formal probate is reserved for disputed cases and involves a judge and hearings. In most cases, informal probate will suffice. If for some reason, formal probate becomes necessary, it can commence after informal probate.

Step 1

Locate the appropriate Probate Court. In Maine, a will must be admitted to the Probate Court in the county where the testator, or will maker, last lived.

Step 2

Obtain the death certificate. You may obtain the death certificate from the Office of Vital Records or from the town in which the testator died. The Office of Vital Records provides certified copies.

Protect your loved ones. Start My Estate Plan

Step 3

Obtain an application for informal probate from the Probate Court. The form is both an application for informal probate and an application for appointment as personal representative. If you were named as personal representative in the will, and you accept, you may indicate that you wish to be appointed as personal representative on the application.

Step 4

Gather information pertaining to the beneficiaries named in the will. The application for informal probate asks for the names and addresses of beneficiaries such as the surviving spouse, children and other heirs.

Step 5

File the application for informal probate with the Register of the Probate Court, along with the original will and death certificate. The Register will notify any beneficiaries or heirs you've listed on the application once it is filed.

Step 6

Pay the filing fees. Filing fees vary; speak to the Register of the Probate Court to determine the correct amount.

Protect your loved ones. Start My Estate Plan
How to File a Will to Be Probated in Michigan



Related articles

How to Probate a Will in BC, Canada

In Canada, all wills are subject to probate, a court process that validates the will and gives the legal authority for distribution of the assets belonging to the estate. An executor named in the will is responsible for bringing the will to probate and handling the estate according to the will's instructions. Not all documents require probate but if you have been named executor, follow the legal procedures to avoid the loss of time and money in carrying out this task.

Can the Executor of a Will Spend the Money Any Way He Wants?

When someone dies and leaves a will, the will instructs how the deceased's property should be distributed. Likely, it will name the individual responsible for managing the estate, the estate’s personal representative, or executor. The executor has a duty to prudently manage the estate so that debts are paid and each beneficiary receives his due distribution.

Are Massachusetts Wills Public Record?

In Massachusetts, you can choose to file your will for safekeeping in your local county probate court. During your lifetime, you are the only person who can access the will from the court's files, but you can name a person to retrieve it upon your death. When you die, if no one claims your will from the court's files, the probate court opens it up to the public following publication of your death.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

When Does Last Will & Testament Have to Be Filed in Probate?

When someone dies, leaving a will, it must be filed in the appropriate probate court to be legally effective. The court ...

The Amount of Time Allowed to Probate a Will in Pennsylvania

State laws vary with regard to probate. Probate is a judicial process where a special court oversees the administration ...

How to Find Out If You Are a Beneficiary in a Final Will When a Relative Dies

During a person's lifetime, her will is private; she determines who views the document. After she dies, the will ...

Pennsylvania Laws on the Responsibilities for an Executor of an Estate

Executors are fiduciaries, meaning they have a responsibility to take care of assets and distribute property according ...

Browse by category
Ready to Begin? GET STARTED