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Maine Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in Maine.

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Types of Probate in Maine

Maine probate is handled by a county Probate Court in each of the state's 16 counties, with an elected Judge of Probate and an elected Register of Probate. These are county courts, separate from the Maine Judicial Branch trial courts. The path depends on the estate: a successor can collect personal property by affidavit under 18-C M.R.S. § 3-1201 (up to $52,500 for deaths in 2026, adjusted for inflation), a personal representative can be appointed informally by the register without a court hearing for most uncontested estates, and formal proceedings before the judge of probate are used when a will is contested or supervised administration is ordered. A very small estate can close through the summary administrative procedure (18-C M.R.S. §§ 3-1203, 3-1204). Maine imposes no probate tax, but it does levy a separate estate tax (36 M.R.S. ch. 577) on taxable estates above the exclusion; there is no state inheritance tax.

See the full comparison of Maine probate typesWhich procedures exist, who qualifies, and how the timelines compare.

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Maine Probate Self-Help and Online Resources

Maine Estate Law Overview

Maine Estate Tax Info

Maine tax information for estates

Yes
State Estate Tax
No
Inheritance Tax
Yes
State Income Tax

Who Inherits Without a Will?

Intestate succession determines how a person's probate property is distributed when they die without a valid will. Maine recodified its probate law as Title 18-C (Maine Uniform Probate Code), effective September 1, 2019.

Maine Homestead Protection

Maine has THREE distinct 'homestead' concepts, which are frequently confused. (1) A probate HOMESTEAD ALLOWANCE: a fixed monetary allowance for the surviving spouse or children, adjusted annually for inflation (18-C M.R.S. § 2-402). (2) A homestead CREDITOR EXEMPTION that protects a limited amount of equity in a primary residence from certain creditors (14 M.R.S. § 4422(1)). (3) A property-tax HOMESTEAD EXEMPTION that reduces the taxable value of an owner-occupied home (36 M.R.S. §§ 681-689). None of the three gives the surviving spouse an unlimited right to keep the home free of estate debts the way Texas or Florida constitutional homestead does.

Exempt Property

Maine's Probate Code gives the surviving spouse (and, in some cases, minor and dependent children) three statutory protections that come off the top of the estate: a homestead allowance, exempt property, and a family allowance. All three are fixed dollar amounts adjusted annually for inflation under 18-C M.R.S. § 1-108, and all three have priority over general creditor claims.

Maine Probate Questions

How much does probate cost in Maine?
Maine probate filing fees vary by county and type of administration. According to Maine court fee schedules, filing fees typically range from $200-$500 depending on the procedure. Additional costs include certified copy fees, publication notice fees ($50-$200), and potential bond premiums. Attorney fees may be statutory or hourly depending on state law. Use our free Maine fee calculator for county-specific estimates.
How long does probate take in Maine?
The timeline varies by path in Maine. Informal administration typically runs about 6 to 12 months and stays open at least through the 4-month creditor-claim period that runs from the first publication of the notice to creditors (18-C M.R.S. § 3-801), and all claims arising before death are barred no later than 9 months after death (§ 3-803). The personal representative files an inventory within 3 months of appointment (§ 3-706). The small-estate affidavit under § 3-1201 can be used 30 days after death and often completes within one to two months, and probate or appointment generally cannot be commenced more than 3 years after death (§ 3-108).
Do I need an attorney for probate in Maine?
Maine law does not require a personal representative to hire an attorney, and many uncontested estates settle through informal administration without one. Counsel is recommended for contested wills, formal or supervised administration, real estate that must be sold to pay debts, taxable estates near the Maine estate-tax exclusion, or whenever you are unsure which procedure applies. Consult a licensed Maine attorney for advice about your own situation.
Are these Maine probate resources county-specific?
No. This map shows state-level source links from Settled data. Use it with the Maine county page and the county office handling the estate before filing.
Which Maine source should I use first?
Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.
Does the Maine Probate Resource Map replace attorney review?
No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.