Maine Probate Guide

Maine probate is the court process that proves a will, appoints someone to manage the estate, pays valid debts, and transfers what is left to the heirs or beneficiaries. It runs through the county Probate Court where the person lived at death. Each of Maine's 16 counties has its own Probate Court with an elected Judge of Probate and an elected Register of Probate (18-C M.R.S. Article 3).

Most Maine estates take one of two paths. An uncontested estate usually moves through informal probate with the Register of Probate and no court hearing. A contested or complicated estate goes through formal probate before the Judge of Probate. This guide walks through both, plus the small estate shortcuts, the deadlines, and the costs.

Treat this Maine probate guide as a planning map, not a filing packet. Each county Probate Court keeps its own local forms and copy fees, so confirm the packet with the Register of Probate in the right county before you sign anything. Start with the Maine county probate court directory to find yours, and use the free Maine probate assessment to see which path fits your situation.

Where Maine Probate Starts

Venue comes first. Open the estate in the county where the decedent lived at death. Maine's probate courts are county courts, separate from the state Judicial Branch trial courts, so there is one clear place to file in each of the 16 counties.

The named executor, or an eligible heir when there is no will, applies to the county Probate Court and asks to be appointed. Maine follows the Uniform Probate Code, so the person who manages the estate is called the personal representative, whether or not a will names them. Once appointed, the personal representative receives letters, which are the court's proof of authority. Banks, brokerages, and registries of deeds ask for those letters before they release or retitle anything.

Maine sets an outer window on opening probate. A formal or informal proceeding to prove a will or appoint a personal representative generally cannot start more than 3 years after the death (18-C M.R.S. § 3-108). Anyone holding the original will must deliver it with reasonable promptness to a person who can probate it or to the Register of Probate (18-C M.R.S. § 2-515).

Informal Probate vs Formal Probate in Maine

Maine splits administration into an informal track and a formal track. The choice turns on whether anyone contests the estate and how much court oversight it needs.

Informal Probate and Appointment

This is the common path for a routine Maine estate. The Register of Probate handles informal probate and informal appointment without a court hearing when the application is uncontested and the will, if there is one, is self-proved or otherwise provable (18-C M.R.S. §§ 3-301 to 3-311).

Here is how it works:

• File an application for informal probate of the will and informal appointment of a personal representative with the Register of Probate.
• Provide the original will, if any, and a certified death certificate.
• Give the required notice to interested persons.
• Publish a notice to creditors and file an inventory within 3 months of appointment.
• Close the estate with a sworn closing statement once administration is finished.

An informal estate that runs cleanly usually closes in about 6 to 12 months.

Formal Probate and Appointment

Formal testacy and formal appointment proceedings are heard by the Judge of Probate with notice and a hearing (18-C M.R.S. §§ 3-401 to 3-414). The formal track fits when the will is contested, an interested person demands it, the asset picture is unclear, or the estate needs court supervision. A judge can order supervised administration, which keeps the court involved until distribution (18-C M.R.S. §§ 3-501 to 3-505).

Formal or supervised estates run longer, often 9 to 18 months, because of hearings and any disputes over the will or the accounting.

Informal vs Formal at a Glance

The two tracks are not locked. An estate can open informally and shift to a formal proceeding if a dispute surfaces later.

Small Estate Options That Skip Full Probate

Not every Maine estate needs a full administration. Two shortcuts can move assets faster.

Collection of personal property by affidavit. A successor can collect the decedent's personal property directly from the holder by presenting a signed, notarized affidavit, with no court case and no personal representative (18-C M.R.S. § 3-1201). The whole estate, wherever located and less liens, must stay under the inflation-adjusted limit, which is $52,500 for deaths in 2026, and at least 30 days must have passed since the death. This affidavit reaches personal property only. It does not transfer real estate. See the Maine small estate affidavit page for the current limit and form.

Summary administrative procedure. When the inventory shows the estate does not exceed the sum of the homestead allowance, exempt property, family allowance, administration costs, funeral expenses, and last-illness medical bills, the personal representative can distribute the estate and file a closing statement without giving notice to creditors (18-C M.R.S. § 3-1203; closing under § 3-1204). This path uses a formula rather than a fixed dollar cap.

Roles in a Maine Estate

Three roles carry a Maine probate matter:

• Personal representative. The executor or administrator who gathers assets, files the inventory, pays claims, and distributes the estate. Maine holds this person to a fiduciary standard and to the duties in 18-C M.R.S. §§ 3-701 to 3-721. Read the Maine executor duties guide for the full task list.
• Register of Probate. The elected county officer who accepts filings, handles informal probate and appointment, and issues letters.
• Judge of Probate. The elected county judge who hears formal proceedings, will contests, and supervised administration.

If there is no will, the Maine intestate succession rules decide who inherits and who has priority to serve. If there is a will, it must meet the Maine will requirements to be admitted.

Maine Probate Timeline and Deadlines

A few dates set the schedule. The Maine probate timeline guide breaks down each step, but these are the ones to calendar first.

The personal representative publishes a notice to creditors after appointment, and creditors have 4 months from first publication to present claims or be barred (18-C M.R.S. § 3-801). A separate rule bars every claim that arose before death no later than 9 months after the death, whether or not notice runs (18-C M.R.S. § 3-803). The Maine creditor claims guide covers how to publish, mail, and pay claims in the right order.

Maine Probate Costs

Maine charges one statewide filing fee scale, so the petition fee is the same in every county Probate Court. The fee is graduated by the value of the estate under 18-C M.R.S. § 1-602.

A county may add a small e-filing or copy charge on top of the statutory fee, so confirm the current total with your Register of Probate. Estimate the whole picture with the Maine probate fee calculator and the Maine probate costs page.

Maine does not use a percentage schedule for the personal representative. Compensation must be reasonable, set by agreement or reviewed by the court (18-C M.R.S. § 3-719). Maine also has no statutory attorney-fee schedule for probate, so attorney fees are negotiated and, in a supervised estate, subject to court review as reasonable. Wondering whether you need one at all? See handling Maine probate without a lawyer.

When Maine Probate Is Not Required

Probate touches only assets that stand in the decedent's sole name with no built-in transfer. Many assets skip it:

• Accounts and policies with a named beneficiary, such as life insurance and retirement plans.
• Property held jointly with right of survivorship.
• Real estate covered by a recorded transfer-on-death deed, which Maine allows under its version of the Uniform Real Property Transfer on Death Act (18-C M.R.S. §§ 6-401 to 6-417).
• Assets titled in a living trust.
• Personal property under the small estate affidavit limit.

The how to avoid probate in Maine guide explains how to set these up so more of an estate passes outside court. A surviving spouse also has rights that sit outside the will, including the elective share and the homestead, exempt property, and family allowances, covered in the Maine surviving spouse rights guide.

When to Involve a Maine Attorney

An informal estate with a clear will and cooperative heirs is often manageable on your own. Call a Maine probate attorney when:

• Heirs or beneficiaries disagree about the will, the assets, or who should serve.
• The estate may not cover its debts, so the order of paying claims matters.
• Real estate must be sold to raise cash.
• The decedent lived in another state but left Maine property, which can mean a second proceeding covered in the Maine ancillary probate guide.
• A will contest, a Medicaid estate recovery claim, or a business interest is in play.

A Practical Filing Sequence

Use this order as a planning checklist:

1. Gather the original will, certified death certificates, account statements, deeds, and titles.
2. Confirm the county where the decedent lived at death and its Register of Probate.
3. Decide whether the estate fits the small estate affidavit, summary administration, informal probate, or a formal proceeding.
4. Apply to the county Probate Court and receive letters as personal representative.
5. Publish and mail the notice to creditors, then file the inventory within 3 months.
6. Pay valid claims in the right order once the 4-month window runs.
7. Distribute the estate and close with a sworn closing statement, keeping filed copies and receipts together.

Start with the Maine first steps after a death guide and the Maine county probate court directory to line up the local packet, the deadlines, and the right filing office in one place.

Verify every date and dollar figure here with the Register of Probate in the correct county before you act, because this is a planning map, not legal advice.

Frequently Asked Questions

What is probate in Maine?

Probate in Maine is the county Probate Court process that proves a will, appoints a personal representative, pays valid debts, and transfers what is left to the heirs or beneficiaries. It runs in the county where the person lived at death, under Title 18-C of the Maine statutes.

What is the difference between informal and formal probate in Maine?

Informal probate runs through the Register of Probate without a court hearing when no one contests the will or the appointment. Formal probate goes before the Judge of Probate with notice and a hearing, and it is used when the will is challenged, the estate is complicated, or an interested person asks for court supervision.

How long does probate take in Maine?

A straightforward informal estate usually closes in about 6 to 12 months. Formal or supervised estates run longer, often 9 to 18 months, because of hearings and the creditor claim window. Creditors have 4 months from the first published notice, and every claim that arose before death is barred 9 months after death.

Do all estates go through probate in Maine?

No. Assets that pass by beneficiary designation, joint ownership with survivorship, a recorded transfer-on-death deed, or a living trust move outside probate. Personal property under the small estate limit, which is $52,500 for 2026 deaths, can pass by affidavit with no court case.

Do I need a lawyer for Maine probate?

Maine does not require an attorney to serve as personal representative, and many people handle simple informal estates on their own. A lawyer helps when heirs disagree, the estate may not cover its debts, real estate must be sold, or a will contest looks likely.

This guide is general information about Maine estates. It is not legal advice. Confirm anything that affects your situation with the Register of Probate, the county Probate Court, or a licensed Maine attorney.

Sources:

• Title: Maine Revised Statutes Title 18-C, Article 3 (Probate of Wills and Administration). Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/18-C/
• Title: 18-C M.R.S. Section 3-706, Duty of personal representative; inventory and appraisement. Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/18-C/title18-Csec3-706.html
• Title: 18-C M.R.S. Section 3-801, Notice to creditors. Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/18-C/title18-Csec3-801.html
• Title: 18-C M.R.S. Section 3-803, Limitations on presentation of claims. Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/18-C/title18-Csec3-803.html
• Title: 18-C M.R.S. Section 3-1201, Collection of personal property by affidavit. Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/18-C/title18-Csec3-1201.html
• Title: 18-C M.R.S. Section 1-602, Filing and certification fees. Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/18-C/title18-Csec1-602.html
• Title: 18-C M.R.S. Section 3-719, Compensation of personal representative. Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/18-C/title18-Csec3-719.html
• Title: Maine Probate Courts. Publisher: Maine Association of Registers of Probate. Publication Date: Not listed. URL: https://www.maineprobate.net/

It is not legal advice.