Detailed Answer
In Maine, when someone dies leaving a will, the original document must be filed with the probate court in the county where the decedent resided. Under 18-C M.R.S. §2-503, you must submit the original will within 30 days after appointment as personal representative. See 18-C M.R.S. §2-503.
Step 1: Locate the Original Will
Check the decedent’s safe deposit box, home files or attorney’s office. Contact any custodian promptly to obtain the original.
Step 2: Address a Lost or Missing Original
If you cannot find the original, you may file a copy under the lost-will procedure in 18-C M.R.S. §2-509. You must submit the copy plus sworn affidavits from at least two credible witnesses who last saw the decedent with the original. See 18-C M.R.S. §2-509.
Step 3: Prepare Your Filing Package
Include:
- The original will or a filed copy (with lost-will affidavits if applicable)
- A certified copy of the decedent’s death certificate
- A copy of your letters testamentary or other proof of your appointment
- The probate court filing fee (check the county fee schedule)
Step 4: File with the Probate Court
Submit the paperwork to the clerk of probate by mail, in person or via Maine’s eFiling system if available in your county. The clerk will date-stamp the will, assign a docket number and return a file-stamped copy to you.
Step 5: Keep Records
Retain the filed-stamped copy and any receipts. Share the docket number with beneficiaries and attorneys handling estate assets.
Helpful Hints
- Begin your search for the original will immediately after death.
- Maintain a clear chain of custody for the original document.
- Obtain witness affidavits early if the original is missing.
- Verify the exact filing fee with the county clerk before submission.
- Meet all deadlines: file within 30 days of appointment as personal representative.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.