Generally speaking, probate in Maine is fairly straightforward and efficient.

For most estates there is very little contact with the Probate Court and no contact with the Probate Judge. The jurisdiction of Maine’s Probate Courts, however, is very broad and these courts are often asked to determine the outcomes of more difficult estate and trust administrations. The Probate Court has jurisdiction to decide what constitutes a valid will or trust, who is to be appointed Personal Representative, Administrator or Trustee, and the meaning of terms or provisions in relevant documents. The Court can guide troubled administrations hindered by difficult family dynamics, challenging assets, or mounting creditors. They can resolve ambiguities in trust instruments through traditional court actions or approve settlement agreements negotiated and executed by the parties. They can modify or clarify trust instruments, using creative tools under the law to respond to changing family, tax or financial circumstances. Our attorneys are experienced in advising on varying matters – both the straightforward and the very complex – through the Maine Probate Court system. In addition, there are circumstances in which we can shift governing law and jurisdiction to a state other than Maine to take advantage of flexibility not afforded under Maine law.