On Nov. 4, amid elections for governor, Senate, a new congressional representative and more, Penobscot County voters have the opportunity to elect a judge of probate court. Why should you care?
There’s a strong likelihood everyone reading this piece will have something to do with probate court at some time.
Probate court is there to settle life matters that we’ve either already dealt with in our lives or probably will at some point: Settling estates of the deceased, guardianship and conservatorship of incapacitated adults and minors, legal name changes, adoptions and other family matters.
There are 16 probate courts and judges in Maine — one for each county. The courts sit without a jury, the judges are part-time, and they are the only elected judges in the state. Probate court is often less formal than other courts, and people often participate without lawyers representing them. But the probate court is still very much a part of the state court system. Decisions from probate court can be appealed to the Maine Supreme Judicial Court.
Probate court is a true family court, dealing with matters that hit close to home. Maybe an adult you love is unable to make informed decisions. A son may seek control of his father’s assets, alleging that his elder father is no longer able to handle his financial affairs. He might file a petition in probate court to become conservator of his father’s estate.
Or maybe a child you love needs your help. A grandmother might seek to make decisions on behalf of her grandchild because the child’s parents are addicted to drugs or otherwise unable to care for the child. She would file a petition in probate court to become guardian of that child.
A couple may seek to adopt a child. Probate court is the court where that couple might file a petition to terminate parental rights and to move ahead with the adoption.
The transfer of a deceased person’s estate to loved ones can be a sensitive affair, and probate court can help to transfer the estate in an orderly and supervised process. There’s a lot to consider. The estate must be distributed in a certain manner: Debts and taxes must be paid before beneficiaries receive their inheritance, for example. Siblings, grieving the loss of their parents, might dispute the division of the family home.
Trials could become necessary to establish ownership to property in the estate, to settle a dispute between those who claim to be entitled to assets of the deceased person, or to resolve any disputes about the validity of the deceased person’s will.
Probate court is where these family matters and others like them are settled. The issues in probate court are significant and can affect basic constitutional rights.
The probate judge needs to be knowledgeable, trustworthy, experienced, professional and compassionate. The judge should have insight into the complexities of families. The probate judge you elect should be a good listener but should be able, when required, to ask questions that get to the heart of the issue before the court.
The court must be accessible and must act diligently. It must be courteous and responsive to the public and must treat all those who come before it with respect. It must act in a timely manner. And its decisions must be fair.
Mothers, fathers, aunts, uncles, sons and daughters must all get their shot at a fair decision. If appropriate, the court should use alternative dispute resolution methods, such as mediation.
In Penobscot County, Probate Judge Allan Woodcock retired last year after serving in the position for 50 years.
His decisions had an impact on thousands of families. The next probate judge, although unlikely to serve for 50 years, will have that same significant effect on the lives of Penobscot County residents.
Amy Faircloth, a Democrat, is a lawyer and candidate for Penobscot County Probate Judge.