Probate in Maine

Overview

Maine adopted a comprehensive new Probate Code (Title 18-C) effective July 1, 2019, replacing its former Title 18-A. As a UPC state, Maine offers both informal and formal probate proceedings, with most estates qualifying for the streamlined informal process. The state adjusts its small estate threshold annually for inflation under §1-108, and each county has its own Probate Court. Maine does not impose a state estate or inheritance tax, simplifying estate administration.

Key Facts

• Governing Law: Maine Revised Statutes, Title 18-C (Maine Uniform Probate Code)
• Court: Probate Court
• Small Estate Threshold: $51,100 (2025, adjusted annually for inflation)
• Typical Timeline: 6 to 12 months for standard estates; complex estates can take 1–2 years
• Follows UPC: Yes

What Makes Maine Unique

• Informal Probate — Maine's UPC adoption allows most estates to proceed without a court hearing. The personal representative is appointed by the probate register, making this one of the faster probate processes available.
• Annual Inflation Adjustment — Maine adjusts its small estate threshold annually for inflation under §1-108, ensuring the threshold keeps pace with rising asset values. The 2025 threshold of $51,100 reflects this ongoing adjustment from the $40,000 base.
• Summary Administration — For estates that do not exceed homestead allowance, exempt property, family allowance, and administration costs, Maine offers a summary closing procedure under §3-1203 without a fixed dollar threshold.
• No State Estate or Inheritance Tax — Maine does not impose a state estate tax or inheritance tax, reducing the overall cost and complexity of estate administration.
• Small Estate Affidavit (30-Day Wait) — Personal property estates under $51,100 (2025) can be collected using a simple affidavit 30 days after death, without any court filing required.

Probate Process Steps

1. File application for informal probate or petition for formal probate with the Probate Court in the county where the decedent resided
2. Court registers the will and issues letters (informal) or holds a hearing (formal)
3. Notify known creditors and beneficiaries of the estate opening
4. Publish notice to creditors in a newspaper of general circulation
5. Inventory and appraise all estate assets
6. Allow creditor claims period (4 months from first publication of notice)
7. Pay valid debts, taxes, and administration expenses
8. Prepare and distribute assets according to the will or intestacy law
9. File closing statement with the Probate Court

Costs & Fees

Fee Structure: Maine does not have a statutory fee schedule for attorneys or personal representatives. Fees are based on reasonable compensation, typically charged hourly or as flat fees. Personal representatives are entitled to reasonable compensation for their services, which is determined by the complexity of the estate and local market rates.

Typical Attorney Fees: Hourly rates typically $200–$350/hour; flat fees of $2,000–$6,000 for simple estates

Non-Lawyer Fees: $300 – $1,500 including court filing fees ($100–$250), publication costs ($75–$200), certified copies, and recording fees

Maine's informal probate process and lack of state estate tax help keep overall costs lower than many states. Bond requirements may be waived by the will or by agreement of interested parties.

Frequently Asked Questions