Detailed Answer
If a probate estate has closed but you later discover assets that were never claimed or distributed, you can ask the Maine Probate Court to reopen the estate. Under Maine Revised Statutes, Title 18-C, Section 3-507, the court has authority to allow a late claim if the delay was not the claimant’s fault and if reopening won’t unfairly harm other claimants. Here’s how to proceed:
- Confirm the court of original jurisdiction. File in the Probate District where the decedent’s estate was originally administered.
- Prepare a Petition to Reopen. Draft a petition that:
- Names the decedent and original probate file number.
- Explains why assets were missed (e.g., new bank accounts, uncashed checks).
- Identifies heirs or beneficiaries entitled to the asset.
- Specifically requests reopening under 18-C MRS § 3-507. (link to statute)
- File your petition and pay fees. Submit the petition to the clerk of the Probate Court. Include the filing fee and any required affidavit of service.
- Serve notice on all interested parties. Maine law requires notice to the personal representative (if still serving), all heirs, beneficiaries, and any known creditors. Follow Maine Rule of Probate Procedure 4.
- Attend the hearing. The court will schedule a hearing. Be ready to show why you did not file sooner and how reopening serves justice without prejudicing others.
- File your claim for the unclaimed asset. After the court reopens the estate, you must present your claim formally under 18-C MRS § 3-506, including supporting documents (bank statements, deeds, etc.).
- Distribution and final closure. If the court approves your claim, the personal representative (or the court-appointed successor) will distribute the asset per the will or intestacy rules. After distribution, you may petition the court to enter a final decree closing the estate again.
Helpful Hints
- Gather all documentation early: bank records, securities statements, insurance policies.
- Check Maine’s Unclaimed Property Division database before petitioning: https://maine.gov/unclaimedproperty.
- Consult court clerks on local Probate District rules and required forms.
- Consider mediation if multiple heirs contest the reopening or distribution.
- Keep copies of all filed papers and proof of service for your records.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance tailored to your situation.