Lewiston, ME asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Maine

Q: What is the eviction process like in a probate related case?

1 Lawyer Answer
Daniel J. Eccher
Daniel J. Eccher
  • Estate Planning Lawyer
  • Winthrop, ME
  • Licensed in Maine

A: The eviction process in a probate case is very much like the usual eviction process, with a couple of key differences. Usually, it is the Personal Representative of the estate who stands in the shoes of the landlord. The Personal Representative gives the tenants facing eviction proper notice, and if the tenants have not left within the required timeframe, the Personal Representative can file for "Forcible Entry and Detainer" in the local District Court.

The courts tend to prefer that the Personal Representative and tenants work out a settlement, but, if necessary, a hearing will be held and the court will make a decision based on applying the facts to the law.

If you are in either role (PR or tenant), you should try to get a lawyer with knowledge of both probate and landlord/tenant law.

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