Petition for Probate of Will and for Letters Testamentary - Maine

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Maine probate is handled by the County Probate Court under the Maine Probate Code
(Title 18-C, the Uniform Probate Code). Maine uses official Probate forms — DE-201(I),
Application for Informal Probate of Will or Appointment of Personal Representative, and
DE-201, Petition for Formal Probate of Will or Appointment of Personal Representative.
This template provides the substantive legal content to help you prepare; transfer your
content to the correct DE-201 form before filing. Forms are available at
https://www.maineprobate.net and from your County Register of Probate.
Do not file this document in place of the required DE-201 form.

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

STATE OF MAINE — [COUNTY] COUNTY PROBATE COURT

TABLE OF CONTENTS

1. Caption and Docket Information
2. Applicant / Petitioner Information
3. Decedent Information
4. Venue and Time Limit
5. The Will Offered for Probate
6. Spouse, Devisees, and Heirs
7. Priority for Appointment as Personal Representative
8. Bond
9. Type of Proceeding and Relief Requested
10. Verification
11. Notice and Certificate of Service
12. Attachments Checklist

1. CAPTION AND DOCKET INFORMATION

Docket No.: [____________________________________]

2. APPLICANT / PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Maine [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Legal interest in the estate (18-C M.R.S. § 3-301(1)(A)(1)):
☐ Personal Representative named in the Will (Executor) ☐ Surviving spouse ☐ Devisee ☐ Heir ☐ Other: [____________]

3. DECEDENT INFORMATION

4. VENUE AND TIME LIMIT

a. ☐ The Decedent was domiciled in [COUNTY] County, Maine, at the time of death; venue is proper in this Court under 18-C M.R.S. § 3-201(1)(A).

b. ☐ The Decedent was not domiciled in Maine; venue is proper in this county because property of the Decedent was located here at the time of death (18-C M.R.S. § 3-201(1)(B)). Statement showing venue: [________________________________].

c. Time limit (18-C M.R.S. § 3-108): This proceeding is commenced ☐ within 3 years after the Decedent's death; or ☐ more than 3 years after death, but the circumstances described in § 3-108 authorizing tardy probate or appointment have occurred, namely: [________________________________].

d. ☐ The Applicant has not received, and is not aware of, any demand for notice of any probate or appointment proceeding concerning the Decedent (18-C M.R.S. § 3-301(1)(A)(5)).

e. ☐ No personal representative of the Decedent has been appointed in this State or elsewhere whose appointment has not been terminated (18-C M.R.S. § 3-301(1)(A)(4)).

5. THE WILL OFFERED FOR PROBATE

a. The Decedent left a Last Will and Testament dated [__/__/____] (and codicil(s) dated [__/__/____], if any).

b. ☐ The original of the Decedent's last Will is in the possession of the Court, accompanies this Petition, or an authenticated copy of a Will probated in another jurisdiction accompanies this Petition (18-C M.R.S. § 3-301(1)(B)(1); § 3-402(1)(C)).

c. The Applicant, to the best of the Applicant's knowledge, believes the Will to have been validly executed, and after the exercise of reasonable diligence is unaware of any instrument revoking the Will and believes that the instrument that is the subject of this Petition is the Decedent's last Will (18-C M.R.S. § 3-301(1)(B)(2)–(3)).

d. Execution and witnesses. The Will was signed by the Decedent (or in the Decedent's name by another at the Decedent's direction) and signed by at least two individuals who witnessed the signing, or the Will was notarized as permitted by Maine law (18-C M.R.S. §§ 2-502, 2-503). An individual generally competent to be a witness may act as a witness, and the signing by an interested witness does not invalidate the Will (18-C M.R.S. § 2-504). Witnesses:

e. Self-proving status:
☐ The Will is self-proved by the acknowledgment and affidavits required by 18-C M.R.S. § 2-503 and satisfies the execution-proof rule in § 3-406(1), absent evidence of fraud or forgery affecting the acknowledgment or affidavit.
☐ The Will is not self-proved; due execution will be established as required by the Probate Code.

6. SPOUSE, DEVISEES, AND HEIRS

Spouse, registered domestic partner, children, and other heirs (18-C M.R.S. § 3-301(1)(A)(2)):

Devisees under the Will (18-C M.R.S. § 3-301(1)(A)(2)):

☐ The probate estate contains real estate located in Maine: ☐ Yes ☐ No. If yes, municipality/county: [________________________________].

7. PRIORITY FOR APPOINTMENT AS PERSONAL REPRESENTATIVE

a. The Will nominates [EXECUTOR FULL LEGAL NAME], whose address is [________________________________], as Personal Representative (Executor).

b. The person whose appointment is sought has priority for appointment as the person with priority determined by the probated Will, including a person nominated by a power conferred in the Will (18-C M.R.S. § 3-203(1)(A)). This Petition states the name, address, and priority for appointment of the person whose appointment is sought (18-C M.R.S. § 3-301(1)(C)).

c. There are no other persons having a prior or equal right to appointment, except as follows: [________________________________].

d. The person whose appointment is sought is qualified and not disqualified (18-C M.R.S. §§ 3-203(6), 3-601).

8. BOND

a. Bond is not required of a personal representative appointed in informal proceedings unless the Will expressly requires bond, a special administrator is appointed, or bond is required under 18-C M.R.S. § 3-605 (18-C M.R.S. § 3-603).

b. ☐ The Will does not require bond; Applicant requests appointment without bond (18-C M.R.S. § 3-603).
☐ The Will expressly requires bond; Applicant will furnish bond as required.
☐ In a formal proceeding, bond is requested / may be required by the Court; estimated amount: $[________________].

9. TYPE OF PROCEEDING AND RELIEF REQUESTED

Select the proceeding:

☐ INFORMAL probate and appointment (directed to the Register; 18-C M.R.S. § 3-301).
☐ FORMAL testacy and appointment (directed to the Court; request judicial order after notice and hearing; 18-C M.R.S. § 3-402).

WHEREFORE, the Applicant respectfully requests that this Court / Register:

a. Determine that the Decedent died testate and admit the Decedent's Last Will dated [__/__/____] (and any codicil) to probate (informal probate by the Register, or formal order of testacy by the Court);

b. Determine the heirs of the Decedent (in a formal proceeding under § 3-402);

c. Appoint the Applicant (or the person nominated in the Will) as Personal Representative (Executor) of the estate;

d. Direct issuance of Letters Testamentary upon qualification (18-C M.R.S. § 3-601), without bond except as required by the Will or by court order (18-C M.R.S. § 3-603); and

e. Grant such other and further relief as the Court deems just and proper.

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], verify that the statements in this Application/Petition are accurate and complete to the best of my knowledge and belief, and I make this verification under penalty of perjury pursuant to 18-C M.R.S. § 1-310 and the laws of the State of Maine.

Executed on [__/__/____] at [CITY], Maine.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Subscribed and sworn to before me on [__/__/____].

Notary Public / Register: ______________________________________ My commission expires: [__/__/____]

11. NOTICE AND CERTIFICATE OF SERVICE

Notice (formal proceedings, 18-C M.R.S. §§ 3-403, 1-401): In a formal testacy proceeding, notice of the time and place of hearing must be given to interested persons — the surviving spouse, devisees, heirs, and any personal representative whose appointment has not been terminated — and to persons who have demanded notice. In informal proceedings, the personal representative must give information of appointment to heirs and devisees within 30 days after appointment (18-C M.R.S. § 3-705).

☐ Notice of hearing given to interested persons (formal proceeding).
☐ Information of appointment to be given to heirs and devisees within 30 days (18-C M.R.S. § 3-705).

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Maine Bar No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

ATTACHMENTS CHECKLIST:

☐ Official form DE-201(I) (Informal) or DE-201 (Formal Probate of Will / Appointment of PR)
☐ Original Last Will and Testament (and any codicil), or authenticated copy if probated elsewhere
☐ Self-proving affidavit, if the Will is self-proved
☐ Certified copy of Death Certificate
☐ Acceptance of Appointment and Bond, or statement that bond is not required (18-C M.R.S. § 3-603)
☐ Proposed Order / Statement of Informal Probate and Appointment
☐ Proposed Letters Testamentary
☐ Notice / Information of appointment to heirs and devisees (18-C M.R.S. § 3-705)
☐ Filing fee payment

SOURCES AND REFERENCES

• Maine Probate Code, Title 18-C, Article 3: https://legislature.maine.gov/statutes/18-c/title18-Cch3sec0.html
• 18-C M.R.S. § 3-201 (Venue)
• 18-C M.R.S. § 3-203 (Priority among persons seeking appointment)
• 18-C M.R.S. § 3-301 (Informal probate or appointment; application; contents)
• 18-C M.R.S. § 3-402 (Formal testacy or appointment; petition; contents)
• 18-C M.R.S. § 3-603 (Bond not required without court order; exceptions)
• 18-C M.R.S. § 2-504 (Who may witness a will)
• Maine Probate forms: https://www.maineprobate.net