Executor Resignation and Removal Requirements in Maine

At a glance

Requirements one by one

18-C M.R.S. § 1-201 defines the court as one of Maine's courts of probate and the office personal representative to include an executor, administrator, successor personal representative, and special administrator. Article 3 then governs removal, voluntary termination, bond control, and successor transition after appointment.

An interested person petitions, and the statute supplies a complete cause list

Under 18-C M.R.S. § 3-611, a person interested in the estate may petition at any time. The court then fixes a hearing, and the petitioner gives notice to the representative and anyone else the court orders.

The same section says cause exists when removal would be in the estate's best interests, appointment proceedings involved an intentional material misrepresentation, or the representative disregarded an order, became incapable, mismanaged the estate, or failed an office duty. It also supplies a narrow ancillary-administration route for the domiciliary representative unless the will directs otherwise.

Resignation is a notice-and-successor process, not a unilateral exit

18-C M.R.S. § 3-610(3) requires a written statement filed with the register after at least 15 days' written notice to known interested persons. If nobody seeks a successor within the notice period, the filing is ineffective. Even when a successor is timely sought, resignation does not terminate the office until the successor is appointed and qualified and the assets are delivered.

Termination does not erase the unfinished transition

18-C M.R.S. § 3-608 ends the representative's office powers but preserves the duty to protect controlled assets, account, and deliver them, along with liability for earlier acts and omissions. 18-C M.R.S. § 3-613 lets the qualified successor substitute into pending proceedings without repeating notice, process, or claims already given to the predecessor. 18-C M.R.S. § 3-716 preserves the successor's nonpersonal powers, and 18-C M.R.S. § 3-718 preserves the powers of remaining corepresentatives unless the will provides otherwise.

What trips people up

A statutory ground is not necessarily a mandatory result. 18-C M.R.S. § 3-605 makes failure to furnish a demanded bond within 30 days "cause" for removal and successor appointment; Section 3-611 still describes what happens if removal is ordered. Death or appointment of a conservator instead terminates the office by operation of 18-C M.R.S. § 3-609.

Authority may narrow before the removal decision. Once the representative receives removal notice, Section 3-611 limits action to accounting, correcting maladministration, and preserving the estate unless the court orders otherwise. A separate 18-C M.R.S. § 3-607 temporary order may restrain specified acts when an interest otherwise faces unreasonable jeopardy.

A later will or changed testacy ruling does not by itself terminate the current appointment. Under 18-C M.R.S. § 3-612, termination occurs when the person entitled under the new testacy assumption is appointed; the section also gives the former representative a limited reappointment route after the testacy appeal period and an additional 30 days pass without a new request.

Common questions

Who may demand a bond after appointment?

Under 18-C M.R.S. § 3-605, a person apparently holding an estate interest worth more than $5,000 or a creditor with a claim above $5,000 may file a written demand with the register and mail a copy to the qualified representative. Until bond is filed or the requirement ends, the representative may exercise only estate-preservation powers. 18-C M.R.S. § 3-606 governs surety notice, liability, and bond-enforcement proceedings.

Can the court appoint someone temporarily while authority is disputed?

Yes. 18-C M.R.S. § 3-614 permits a special administrator when necessary to preserve the estate or secure proper administration, including when the general representative cannot or should not act. An emergency appointment may be made without notice. 18-C M.R.S. § 3-615 governs selection, and 18-C M.R.S. § 3-617 lets the court limit the appointment by time, acts, duties, or other terms.

Does resignation automatically forfeit compensation?

No departure-specific forfeiture appears in this sequence. 18-C M.R.S. § 3-719 states the general reasonable-compensation rule and permits a written renunciation of all or part of the fee.

Statutes and sources

• 18-C M.R.S. § 1-201 — probate-court and personal-representative definitions. Official current text (accessed August 28, 2026).
• 18-C M.R.S. § 3-203 — ordinary appointment priority expressly applies to a successor. Official current text (accessed August 28, 2026).
• 18-C M.R.S. §§ 3-605 to 3-607 — demanded bond, removal cause, surety proceedings, and temporary restraint. Official § 3-605 and linked current sections (accessed August 28, 2026).
• 18-C M.R.S. §§ 3-608 to 3-613 — termination, resignation, removal, changed testacy, and successor transition. Official § 3-608 and linked current sections (accessed August 28, 2026).
• 18-C M.R.S. §§ 3-614 to 3-618 — special-administrator selection, powers, and termination. Official § 3-614 and linked current sections (accessed August 28, 2026).
• 18-C M.R.S. §§ 3-716, 3-718, and 3-719 — successor and surviving representative powers and compensation. Official § 3-716 and linked current sections (accessed August 28, 2026).