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Maine Statewide Probate Guide

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.

Where Probate Happens

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.

Step 1: Does The Estate Qualify For The Small Estate Affidavit?

Collection of Personal Property by Affidavit (18-C M.R.S. § 3-1201)

  • The estate’s total value, wherever located, less liens and encumbrances, must not exceed a threshold that starts at a base of $40,000 and is adjusted annually for inflation – for a person dying in 2026, the maximum value is approximately $52,500 (confirm the exact current-year figure at maineprobate.net’s CPI-U Adjustments page, since it changes every year).
  • At least 30 days must have passed since the death.
  • No application or petition for a personal representative can be pending or already granted, in any jurisdiction.
  • The decedent must not have been able to own real estate solely in their own name that would need to be transferred – this affidavit doesn’t work for estates involving real property.
  • Not filed with the court – the affidavit is presented directly to whoever holds the property (a bank, for example), which then releases it to the claiming successor.

Summary Administrative Procedure (18-C M.R.S. § 3-1203) – a related, separate simplified option

  • Available for small estates through the Probate Court, offering a more streamlined process than full formal probate without requiring the pure out-of-court affidavit route.

STEP 2: FORMAL PROBATE (for larger or more complex estates)

  1. File a Petition for Formal Probate of Will or Appointment of Personal Representative (Form DE-101) with the Probate Court in the relevant county; the court issues Letters Testamentary (with a will) or Letters of Administration (without one).
  2. The personal representative inventories the estate, publishes notice to creditors, and manages claims.
  3. Maine has an unusually long creditor claim period – 9 months from the date of death – longer than the 4-month period used in many other UPC states. This means estates generally cannot be fully closed until at least 9 months have passed, regardless of when notice was published.
  4. Debts and expenses are paid, and the estate is distributed according to the will or Maine intestacy law.

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.

Out-Of-State Decedents With Maine Property

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.

Costs

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.

Timeline

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.

Taxes

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).

Where This Guide Fits

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.