Maine Statutes for Executors of Wills

By Beverly Bird
Last Will and Testament document with a fountain pen.

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When you serve as an executor, you have a fiduciary duty to act in the best interests of the estate and its beneficiaries. This is true no matter where you live, but Maine’s laws have a few distinctive aspects. An executor is called a personal representative here, and the state has its own rules regarding who can and who cannot serve.

Executor’s Qualifications

Like most states, Maine requires that a personal representative be at least 18 years old and of sound mind. Unlike many other states, it doesn’t prohibit felons from serving, at least not on the basis of their convictions alone. The court can find that a personal representative named in a will is unsuitable for other reasons. This doesn’t happen often; the court will typically honor the deceased’s wishes, as stated in his will, to have the person of his choice handle his estate. Maine doesn’t have a rule that an executor must live in the state.

Executor's Duties

The duties of an executor are much the same in all states. In Maine, she must notify beneficiaries and heirs of her appointment within 30 days. She must file a list of the deceased’s property with the court and publish notice of the probate proceedings in a newspaper. This tells the deceased’s creditors how and when they can request payment. The law in Maine won’t hold a personal representative personally liable if she fails to do this, however. She won’t have to pay creditors' claims out of her own pocket.

About the Author

Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. She specializes in family law and estate law and has mediated family custody issues.

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