Maine Probate Cost: A Statewide Graduated Filing Fee and Reasonable Compensation
Maine charges a single statewide filing fee that is graduated by the value of the estate, the same in all 16 county probate courts, and sets no statutory percentage for personal representative or attorney compensation. Start with the § 1-602 fee, then plan for publication, copies, and any professional help.
Maine probate cost planning starts with one statewide fee. Under 18-C M.R.S. § 1-602 the petition or application fee is graduated by the value of the estate, from $40 for an estate of $10,000 or less up to $1,200 or more for the largest estates, and it is the same in all 16 county probate courts. The same scale applies whether the case is informal or formal. A qualifying small estate can often collect personal property by affidavit with no court filing fee at all.
Beyond the filing fee, plan separately for publication of the notice to creditors, certified copies, a certificate of appointment, any bond, real estate work, and professional help. Maine sets no statutory percentage for personal representative compensation (reasonable compensation under § 3-719) and no statutory attorney-fee schedule, so those costs depend on the estate and the agreement. Confirm the current fee and any county surcharge with the register of probate before filing.
Quick Summary
- Filing fee
- $40 to $1,200+Statewide graduated scale (§ 1-602)
- Small estate affidavit
- $0Personal property, presented to holder
- PR compensation
- ReasonableNo statutory percentage (§ 3-719)
- State taxes
- No inheritance taxEstate tax only above the Maine exclusion
Maine probate is filed with the register of probate in the county where the decedent lived. The graduated § 1-602 fee is set statewide and does not vary by county, but counties may add small administrative charges such as an electronic-filing surcharge or per-page copy fees, and the county probate courts are separate from the Maine Judicial Branch. Confirm the current total, and the current published small-estate value under § 3-1201(3), with the county register of probate.
Typical Total Cost Ranges
Estimate your county’s exact feesProbate Cost by Procedure
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| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Small Estate Affidavit (collection of personal property) | Entire estate, less liens and encumbrances, within the inflation-adjusted threshold ($52,500 for deaths in 2026; a $40,000 base under § 1-108); personal property only (18-C M.R.S. § 3-1201) | No court filing fee; the affidavit is presented to the asset holder | 30 days after death | No | Small personal-property estates with no real property to transfer |
| Informal Probate and Appointment | No dollar threshold; uncontested estates (18-C M.R.S. §§ 3-301 to 3-311) | The graduated § 1-602 petition fee, $40 to $1,200 or more by estate value | Commonly 6 to 12 months; an inventory is due within 3 months of appointment | No statewide requirement | Uncontested estates that need a personal representative to transfer assets or real estate |
| Formal Probate and Appointment | No dollar threshold; contested, complicated, or supervised estates (18-C M.R.S. §§ 3-401 to 3-414) | The same graduated § 1-602 petition fee by estate value, plus any bond required | Commonly 9 to 18 months, longer if contested | No statewide requirement; counsel is common | Contested or supervised estates, or estates that need a court ruling on the will or the appointment |
Additional Costs to Expect
Personal Representative Compensation
Maine sets no percentage-of-estate schedule for a personal representative. Compensation must be reasonable under 18-C M.R.S. § 3-719, set by agreement or reviewed by the court. A personal representative may renounce a will’s compensation provision and take reasonable compensation instead, or renounce compensation entirely by a written filing with the court.
Attorney Fees
Maine sets no statutory attorney-fee schedule. Probate attorney fees are by agreement, hourly or flat, subject to a reasonableness standard, and are typically paid from the estate. The ranges are market estimates, not statutory.
Certificate of Appointment and Copies
A certificate of the personal representative’s appointment under 18-C M.R.S. § 1-602(4) costs $10 single or $20 double; order several for banks and transfer agents. Record copies are $1 per page under § 1-602(3), though some counties charge more for counter copies.
Will Filing Short of Appointment
Filing a will for safekeeping with no probate costs $15, and filing a will to be probated without an appointment of a personal representative costs $20 (18-C M.R.S. § 1-602). A separate electronic-filing surcharge, reported at $7, may apply; confirm the current amount with the county.
Bond, Publication, and Appraisal
A personal representative may be required to post a surety bond unless the will or interested persons waive it, with the premium (about 0.5% to 1% of estate value) set by the surety. Newspaper publication of the notice to creditors runs about $100 to $300, and real-property or unusual-asset appraisals run about $300 to $500 each. These are set outside the fee statutes.
State Estate and Inheritance Tax
Maine charges no inheritance tax and no probate tax on the value of an estate. A separate Maine estate tax under 36 M.R.S. §§ 4102 to 4104 (Form 706ME) applies only to estates above the Maine exclusion amount ($7,160,000 for deaths in 2026, indexed annually), and the federal estate tax reaches only estates above the federal exemption.
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The Maine Medicaid estate recovery guide explains when that applies.