Who Should You Choose as Your Personal Representative in Maine?

When you create a will in Maine, one important decision is choosing the Personal Representative who will handle your estate after your death.

August is National Make-A-Will Month, making it a good time to think about not only whether you have a will, but also the decisions that go into creating one. As part of our Make-A-Will Month series, we’re taking a closer look at some of those decisions, including an important one: who should you choose to serve as your Personal Representative?

If you are just getting started, you can also learn more about National Make-A-Will Month and why having an up-to-date will matters.

In Maine, this person is called a Personal Representative. You may also be familiar with the term “executor,” which is commonly used in other states and in everyday conversation.

A Personal Representative is just one of the important decisions addressed in a will. If you are unfamiliar with wills or the terminology used in estate planning, our guide to what a will is and how it works in Maine provides a helpful starting point.

Choosing your Personal Representative may seem simple. Many people immediately think of a spouse, an adult child, or another close family member.

But this is not simply an honorary title. It comes with real responsibilities. The person you choose should be someone you trust and someone who is reasonably prepared to take on the job.

What Does a Personal Representative Do in Maine?

A Personal Representative is responsible for administering the estate.

The exact work involved depends on the estate, but responsibilities may include:

• Identifying and protecting estate property
• Communicating with heirs and beneficiaries
• Addressing valid claims and expenses
• Handling required probate matters
• Ultimately distributing estate property as appropriate

Under Maine law, a Personal Representative is a fiduciary. In simple terms, that means the person has a legal responsibility to handle the estate properly and in the interests of those entitled to the estate.

The job can involve much more than signing a few papers.

Start With Someone You Trust

Trust is an important starting point.

Your Personal Representative may be dealing with financial information, personal property, family members, attorneys, financial institutions, and other professionals.

You want someone who will take your wishes and responsibilities seriously.

But trust is not the only consideration.

Someone can be a wonderful spouse, child, sibling, or friend and still not be the best person to administer an estate.

Look for Someone Who Is Responsible and Organized

Your Personal Representative does not need to know everything about probate before accepting the role. Professional guidance can be obtained when necessary.

It is more important to consider how that person handles responsibilities in everyday life.

Is this someone who keeps track of paperwork? Do they respond when something needs attention? Can they make decisions without becoming overwhelmed? Are they willing to ask for help when they do not know the answer?

The person who is best at handling your estate may not be the oldest person in the family or the person who lives closest to you.

It may simply be the person who is most capable of seeing the job through.

Think About the Life and Property You Have in Maine

Your estate plan should reflect the life you actually live.

For many Maine families, an estate may include more than financial accounts.

There may be a family camp that has been passed down through generations. You might own a home with several acres, a woodlot, a boat, a snowmobile, tools, equipment, or a seasonal property.

And then there are belongings whose greatest value is personal rather than financial, such as the contents of the family camp, a parent's tools, photographs, handmade furniture, jewelry, or other items connected to years of family memories.

Some property may also require attention while an estate is being administered. A Maine home cannot simply be ignored through the winter. Property may need to be secured, maintained, insured, or otherwise looked after while the estate is being settled.

When thinking about your Personal Representative, consider the practical side of what you are asking that person to manage.

Does Your Personal Representative Have to Live in Maine?

Your choice does not necessarily have to be the family member who stayed closest to home.

Maine's basic statutory qualifications for a Personal Representative do not require the person to be a Maine resident. Generally, an individual must be at least 18 years old and must not have been found unsuitable by the court.

That can be important for Maine families.

Maybe your daughter lives in Massachusetts. Your son may have moved to Florida years ago. Another family member may live on the other side of the country.

Living outside Maine does not automatically prevent someone from serving.

But distance is still worth considering from a practical standpoint.

If your estate includes a home, camp, vehicles, personal belongings, or other property in Maine, would the person you choose be able to manage those responsibilities? Would traveling to Maine when necessary create a hardship?

For some families, distance will not be a problem. For others, it may be a reason to consider someone else.

Your Oldest Child Does Not Automatically Have to Get the Job

Parents sometimes assume that the oldest child should be named Personal Representative.

There is no requirement that you make that choice.

Instead, consider which person is best suited to the responsibility.

Perhaps your oldest child has a demanding career and lives several states away, while another child is more organized and has more flexibility.

Choosing one child as Personal Representative does not have to mean that you trust or value your other children any less.

You are choosing someone for a job.

Thinking about it that way can make the decision easier.

Consider Your Family Dynamics

You know your family.

That knowledge should be part of your decision.

If your children communicate well and generally agree on important matters, choosing one of them may be straightforward.

But some families have more complicated relationships.

There may be tension between siblings. You may have a blended family. Perhaps family members have very different feelings about money or property.

A family camp is a good example.

One child may want to keep it in the family. Another may want it sold. A third may live outside Maine and have little interest in using it.

Your estate plan determines what authority and instructions apply, but your Personal Representative may still be the person communicating with family members and dealing with the practical issues surrounding the property.

Someone who can remain organized, communicate clearly, and follow the estate plan despite family pressure may be a better choice than someone who is likely to become caught in the middle of disagreements.

Should You Choose Two Personal Representatives?

Maine law allows more than one person to serve together as co-Personal Representatives.

For some families, that may work well. But naming two people does not always make things easier.

Unless a will provides otherwise, Maine law generally requires co-Personal Representatives to agree on actions involving the administration and distribution of the estate, subject to certain exceptions.

Think about what that could mean in practice.

If two adult children live in different states, have different schedules, or regularly disagree, requiring them to work together may make estate administration more difficult.

On the other hand, two people who communicate well and bring complementary skills to the job may be comfortable serving together.

The goal should be an arrangement that works, not simply one that appears equal.

Consider Naming a Backup

The person you choose today may not be available when the time comes.

Years may pass between creating your will and the administration of your estate. Your first choice could die before you, experience health problems, or simply be unwilling or unable to serve.

For that reason, consider naming an alternate or successor Personal Representative in your will.

Having a backup gives your estate plan another layer of preparation if your first choice cannot serve.

Talk to the Person You Are Considering

Your Personal Representative does not need to learn about the job for the first time after your death.

Consider having a conversation now.

Ask whether the person would be willing to take on the responsibility. You do not necessarily have to share every detail of your finances, but it can be helpful for the person to understand what you are asking of them.

You might also want them to know where your important estate-planning documents and other necessary information can be found.

A simple conversation now can help prevent confusion later.

Remember: Your Will Nominates the Person

There is an important distinction to understand.

Naming someone in your will gives that person priority to be appointed as your Personal Representative, assuming the will is probated and the person is qualified. The will itself does not mean that person immediately has authority to act after your death.

Generally, the person's legal duties and powers as Personal Representative begin upon appointment.

This distinction is one reason properly preparing your will and understanding how the probate process works is important.

Who Is the Right Choice for Your Family?

There is no one answer that works for every Maine family.

For you, the right person might be your spouse. It might be one of your adult children, a sibling, another relative, or someone else you trust.

Rather than choosing someone simply because it seems expected, think about the actual responsibilities involved.

Ask yourself:

Who do I trust to handle my affairs carefully, communicate with my family, ask for help when needed, and follow through on the job?

The answer to that question may tell you more than someone's age, relationship to you, or ZIP code ever could.

Take Another Look at the Person Named in Your Will

If you already have a will, National Make-A-Will Month is also a good opportunity to revisit the Personal Representative you named.

Is that person still willing and able to serve? Have family circumstances changed? Has someone moved? Has your property become more complicated?

The person who made sense ten or twenty years ago may or may not still be the right choice today.

Your estate plan should reflect your life as it exists now.