Dedicated Attorneys Serving Maine

Maine Probate Attorney

Our Knowledgeable Topsham Probate Lawyers Can Help

The loss of a loved one is always a difficult time. For many, sadness and stress of this event is further aggravated by the probate process. At Moncure & Barnicle, our dedicated and skilled legal team understands the sensitive nature of this practice area.

We realize that probate often throws grieving loved ones into legal obligations they are not equipped for. That is why we have built our reputation on bringing thorough, vigilant, and reliable counsel to these clients and help them complete their probate responsibilities and solve any complications as soon as possible.

Contact us today at (207) 209-2902 to speak with a proven Maine probate attorney ready to hear your story.

How Does Probate Work in Maine?

Probate is the process of resolving the estate of the deceased and ensuring that any debts are paid and inheritances are properly passed along to beneficiaries. This can be a drawn-out and legally complex process that, if not properly handled, often leads to family conflicts, remaining debts, liabilities, and other complications.

Central to the probate process in the state of Maine is the "personal representative," or the person more commonly known as the executor. These are individuals that were chosen by the deceased or appointed by the court to be responsible for organizing, distributing and resolving the estate. This can be a daunting task and requires a multi-phase process to properly carry out.

In cases where there is a will, much of the probate process can be conducted in accordance to testate law. However, even in these cases, there are often considerations that the will does not address. There are tax obligations to handle and expenses to manage. Without careful navigation, a personal representative can violate a will's provisions, state law, or any one of their responsibilities to manage and close the estate.

The personal representative's responsibilities include:

  • Collecting, inventorying, and appraising all assets
  • Protecting all assets
  • Paying any remaining taxes and debts of the deceased or the estate
  • Distribute assets to beneficiaries according to a will or the law of intestacy
  • Close all estate proceedings

How Long Does It Take to Probate a Will in Maine?

The duration of probate can vary depending on several factors, such as the value and complexity of the estate and the existence of a will. However, most estates are settled in about 9 to 18 months.

What Can I Expect at a Probate Hearing? 

The proposed personal representative will be required to give a basic testimony at the probate hearing that will aid the court in deciding whether it should approve the estate. Once the petition to probate the estate has been permitted, the court will issue Letters Testamentary that appoints the personal representative to the estate and allows him or her to carry out the necessary duties.

Counsel & Compassion You Can Count On

Whether you are a personal representative dealing with probate for the first time or a beneficiary who believes that your inheritance is being jeopardized, our team at Moncure & Barnicle can help.

Why do clients choose Moncure & Barnicle?

  • Our Maine attorneys are award-winning and industry-recognized
  • Our wide scope of services lets us bring multi-discipline approach to cases
  • The Times Record chose us as "The Best of Midcoast Law Firm"
  • Our track history of successful results and satisfied clients
  • Committed and attentive service for every one of our clients
  • Free and confidential case evaluations to review your legal options

Our dedicated professionals are ready to assess your probate needs and ensure that your legal obligations are satisfied and rights are protected during this difficult time.

The answers and guidance you need are just a phone call away. Call us at (207) 209-2902 to request a free case evaluation. 

Clients Share Their Experiences

"Jack Barnicle was pretty amazing for us."

- Jim M.