When someone dies, the people left behind are often handed a job they’ve never done before: settling the estate. In Maine, that usually means probate. It sounds intimidating, but for most families it’s a manageable process, especially with some guidance.
What probate is
Probate is the court-supervised process of wrapping up a person’s affairs after death. The probate court confirms whether there’s a valid will, appoints someone to manage the estate, and oversees paying debts and distributing what’s left.
In Penobscot County, estates are filed with the Probate Court on Hammond Street in Bangor. Each county has its own probate court: Hancock County’s is in Ellsworth, Waldo County’s in Belfast.
When probate is needed
Probate is generally needed for property that was in the person’s name alone, with no beneficiary or co-owner. That often includes a house, a car, and bank accounts.
Some property passes outside probate:
- Retirement accounts and life insurance with a living beneficiary
- Joint accounts and property owned with survivorship rights
- Payable-on-death and transfer-on-death accounts
- Property held in a trust
If almost everything passes outside probate, the estate may need little or no court involvement. Maine also has a simplified process for small estates.
Informal and formal probate
Most Maine estates go through informal probate. It’s handled mostly on paper by the Register of Probate, without a hearing before a judge. Formal probate involves the judge, and it’s used when there’s a dispute, when the will’s validity is questioned, or when something unusual needs a court order.
The Personal Representative’s job
The Personal Representative, usually called the executor, is named in the will or appointed by the court. Their job includes:
- Opening the estate and getting appointed
- Notifying heirs and beneficiaries
- Publishing notice to creditors, who then have four months to make claims
- Gathering and valuing the property and filing an inventory
- Paying valid debts, taxes, and expenses
- Selling or transferring real estate if needed
- Distributing what remains and closing the estate
The Personal Representative is a fiduciary. That means they have to act in the best interest of the estate and its beneficiaries, keep good records, and not mix estate money with their own.
When there’s no will
If the person left no will, Maine’s intestacy law decides who inherits, usually the spouse and children first. The court appoints a Personal Representative, often a close family member. The process is otherwise similar.
When families disagree
Sometimes heirs disagree about the will, the value of property, or how the Personal Representative is doing the job. Many disputes can be settled through conversation or mediation. When they can’t, the probate court can decide. We take on will contests and other estate disputes for heirs and Personal Representatives alike.
How long it takes
Because creditors get four months, every estate stays open at least that long. Simple estates often close within about a year. Real estate that’s hard to sell, tax issues, or family disputes can stretch that out.
Help with probate in Bangor
Gray & Palmer has guided families through probate in Penobscot County and the surrounding counties for decades. We can handle as much or as little of the process as you need.
Call (207) 945-5502, or visit our wills, trusts, and probate page. If you’re planning ahead, see Estate Planning in Maine: The Four Documents That Matter.
This article is general information about Maine law, not legal advice for your situation. Reading it doesn't create an attorney-client relationship. If you have a specific question, call us at (207) 945-5502.
