Settling an estate after losing someone is difficult. This guide covers what’s consistent across the whole state – thresholds, deadlines, and costs. For your specific county’s Probate Court address and local filing details, see that county’s page.
Maine probate is handled by the Probate Court in the county where the deceased lived – Maine has an elected Register of Probate in each county, and since the system is county-based, procedures and access can vary somewhat between counties. Maine probate is governed by Title 18-C, the Maine Uniform Probate Code.
Collection of Personal Property by Affidavit (18-C M.R.S. § 3-1201)
Summary Administrative Procedure (18-C M.R.S. § 3-1203) – a related, separate simplified option
STEP 2: FORMAL PROBATE (for larger or more complex estates)
WAYS TO AVOID PROBATE ENTIRELY (worth knowing, even outside the affidavit process) Maine authorizes several tools that keep assets out of probate from the start: revocable living trusts, transfer-on-death (TOD) deeds for real estate (under Title 18-C Article 6), joint tenancy with right of survivorship, payable-on-death (POD) bank designations, TOD registration for securities/brokerage accounts, and beneficiary designations on life insurance and retirement accounts.
If a nonresident decedent owned real property in Maine, ancillary probate is required – under Title 18-C Article 4, an out-of-state personal representative can file notice with the Probate Court in the Maine county where the property is located to gain authority to act.
Maine uses a sliding-scale filing fee based on estate value rather than a flat fee – ranging from around $20 for estates of $10,000 or less up to $950+ for estates over $2 million. As of 2026, these fees are also subject to periodic adjustment. There’s no statutory fee schedule for attorneys or personal representatives – compensation must be “reasonable” based on time and effort.
Small estate affidavits can move relatively quickly once the 30-day wait passes. Formal probate is bound by the 9-month creditor period at minimum, so most formal estates take at least that long to fully close.
Maine does not impose an inheritance tax. Maine does have its own state estate tax for larger estates, with its own exemption threshold separate from the federal one – confirm the current Maine exemption when handling a larger estate. Only the federal estate tax could separately apply, and only to very large estates (federal exemption $15 million per individual for 2026).
This page covers what’s consistent statewide. For your specific county’s Probate Court address, phone number, and local filing details, visit that county’s page.