Maine Probate Types: Small Estate Affidavit vs Informal and Formal Probate
Maine settles most estates through informal probate before the register of probate, reserves formal proceedings before the judge for contested or supervised estates, and lets a successor collect personal property by affidavit when the estate is small enough to skip appointment.
Compare eligibility, timing, court involvement, and local verification points
How to Compare Maine Probate Types
Maine handles probate in a county Probate Court, one for each of the 16 counties, each with an elected Judge of Probate and Register of Probate. These are county courts, separate from the Maine Judicial Branch trial courts. The executor named in a will, or an administrator when there is no will, is appointed as the personal representative by the register (informally) or the judge (formally). The first question is whether the estate is small enough to skip appointment with a collection-of-personal-property affidavit.
Maine adopted the Uniform Probate Code as Title 18-C, effective September 1, 2019, so most estates use informal probate and informal appointment, handled by the register without a hearing when the application is uncontested. Formal proceedings before the judge are for contested, complicated, or supervised estates. A very small estate can be closed quickly by the summary administrative procedure, and personal property alone can often be collected by affidavit without any appointment.
Small Estate Affidavit vs Informal and Formal Probate at a Glance
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| Category | Small Estate Affidavit | Informal and Formal Probate | Winner |
|---|---|---|---|
| Court involvement | Informal probate and appointment run through the register of probate without a hearing | Formal proceedings are decided by the judge of probate after notice and a hearing | Small Estate Affidavit |
| Estate size | A collection-of-personal-property affidavit skips appointment for a small personal-property estate | Full administration handles estates of any size and any assets | Tie |
| Real estate | The affidavit is personal-property only and cannot transfer real estate | Informal or formal appointment transfers real estate the decedent owned | Informal and Formal Probate |
| Timeline | Informal administration commonly runs 6 to 12 months | Formal or contested administration commonly runs 9 to 18 months or longer | Small Estate Affidavit |
| Cost | The affidavit has no court filing fee | Appointment pays the graduated § 1-602 petition fee by estate value | Small Estate Affidavit |
Main Maine Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
Small Estate Affidavit 18-C M.R.S. § 3-1201 | 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. No personal representative appointed or pending. | No court filing fee (§ 3-1201) | 30 days after death; the holder pays or delivers the property on presentation | No | No | Small estates of personal property within the inflation-adjusted limit, with no real property to transfer |
Informal Probate and Appointment 18-C M.R.S. §§ 3-301 to 3-311 | No dollar threshold; available for an uncontested estate where the will, if any, is provable and no interested person contests the application. | 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 | Yes | No statewide requirement | Uncontested estates that need a personal representative to transfer assets or real estate |
Formal Probate and Appointment 18-C M.R.S. §§ 3-401 to 3-414 | No dollar threshold; used when the will is contested, the estate is complicated, an interested person demands it, or supervised administration is ordered. | The same graduated § 1-602 petition fee by estate value, plus any bond required | Commonly 9 to 18 months, longer if contested | Yes | No statewide requirement; counsel is common | Contested or supervised estates, or estates that need a court ruling on the will or the appointment |
Summary Administrative Procedure 18-C M.R.S. §§ 3-1203, 3-1204 | Estate value, less liens and encumbrances, does not exceed the total of the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses, and last-illness medical expenses (a formula, not a fixed dollar cap). | The graduated § 1-602 petition fee for the appointment, by estate value | Commonly 2 to 4 months once the inventory shows the estate qualifies | Yes | No statewide requirement | Very small estates a personal representative can close quickly because the value does not exceed the allowances and expenses |
Small Estate Affidavit
18-C M.R.S. § 3-1201
Small estates of personal property within the inflation-adjusted limit, with no real property to transfer
Threshold: 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. No personal representative appointed or pending.
Filing Fee: No court filing fee (§ 3-1201)
Timeline: 30 days after death; the holder pays or delivers the property on presentation
Real Estate: No
Attorney: No
Informal Probate and Appointment
18-C M.R.S. §§ 3-301 to 3-311
Uncontested estates that need a personal representative to transfer assets or real estate
Threshold: No dollar threshold; available for an uncontested estate where the will, if any, is provable and no interested person contests the application.
Filing Fee: The graduated § 1-602 petition fee, $40 to $1,200 or more by estate value
Timeline: Commonly 6 to 12 months; an inventory is due within 3 months of appointment
Real Estate: Yes
Attorney: No statewide requirement
Formal Probate and Appointment
18-C M.R.S. §§ 3-401 to 3-414
Contested or supervised estates, or estates that need a court ruling on the will or the appointment
Threshold: No dollar threshold; used when the will is contested, the estate is complicated, an interested person demands it, or supervised administration is ordered.
Filing Fee: The same graduated § 1-602 petition fee by estate value, plus any bond required
Timeline: Commonly 9 to 18 months, longer if contested
Real Estate: Yes
Attorney: No statewide requirement; counsel is common
Summary Administrative Procedure
18-C M.R.S. §§ 3-1203, 3-1204
Very small estates a personal representative can close quickly because the value does not exceed the allowances and expenses
Threshold: Estate value, less liens and encumbrances, does not exceed the total of the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses, and last-illness medical expenses (a formula, not a fixed dollar cap).
Filing Fee: The graduated § 1-602 petition fee for the appointment, by estate value
Timeline: Commonly 2 to 4 months once the inventory shows the estate qualifies
Real Estate: Yes
Attorney: No statewide requirement
* Maine probate filing fees are a single statewide statutory schedule graduated by the value of the estate under 18-C M.R.S. § 1-602, from $40 for an estate of $10,000 or less up to $1,200 or more for the largest estates, the same in all 16 county probate courts. Maine charges no probate tax on the value of an estate and no inheritance tax; a separate Maine estate tax (36 M.R.S. §§ 4102 to 4104, filed on Form 706ME) can apply only to estates above the Maine exclusion amount ($7,160,000 for deaths in 2026, indexed annually), and it is not a probate filing fee. Counties may add small administrative charges such as an electronic-filing surcharge, so confirm the current total with the county register of probate.
Unfamiliar terms in the comparison? The Maine probate glossary defines them in plain language.
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