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If the person named in the will cannot act or there is no will, then there's an order of priority for who may be appointed a personal representative. The order of priority is any surviving spouse or domestic partner, then a child, then a grandchild, then a parent, and then a sibling.
Listed below are some of the non-probate assets available in Maine. Any property in a living trust. Life insurance policies. 401(k)s, IRAs, other retirement accounts. Securities in transfer-on-death accounts. Pay-on-death bank accounts. Joint tenancy real property.
If the deceased person left a Will, then the Personal Representative named in the Will is appointed. If there is no Will, then the next of kin has "priority of appointment." This step usually takes a few weeks to a month, depending on the Maine county in which the application is filed.
A personal representative appointed by a court of the decedent's domicile has priority over all other persons except when the decedent's will nominates different persons to be personal representative in this State and in the state of domicile.
Petition the Court to Appoint You as Personal Representative: In Maine, petitions for the appointment of a Personal Representative and to prove the Will may be filed as early as 120 hours after the death of the decedent.