Maine Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Maine's probate courts are county courts. Each of the 16 counties runs its own county Probate Court, funded and administered by county government and not part of the State of Maine Judicial Branch, which runs the District, Superior, and Supreme Judicial Courts. There is no separate statewide probate court and no probate division of a state trial court |
| Judge and filing office | The judge is an elected, part-time Judge of Probate, a practicing attorney who serves part time. The filing office is the elected Register of Probate, also called the Registry of Probate, the counter where applications and petitions are filed and records are kept. Both officials are elected to four-year terms in county elections |
| Governing code | The Maine Probate Code, Title 18-C M.R.S., effective September 1, 2019, replacing the former Title 18-A. It is based on the Uniform Probate Code |
| Filing venue | The county where the decedent was domiciled at death; for a decedent who was not domiciled in Maine, any county where property of the decedent was located at death (18-C M.R.S. §3-201) |
| Representative and authority | Personal representative is Maine's umbrella term, specified as executor (named in a will) or administrator (appointed where there is no will). The Register of Probate issues letters, meaning letters testamentary or letters of administration, and on request a certificate of appointment proving the representative's authority (18-C M.R.S. §1-201) |
| Administration paths | Informal probate or informal appointment (18-C M.R.S. §3-301), formal probate or formal testacy (18-C M.R.S. §3-401), collection of personal property by affidavit for small estates (18-C M.R.S. §3-1201), and summary administration (18-C M.R.S. §3-1203) |
| Statewide forms | Yes. Maine uses one statewide standard probate form set, the 2019 forms, published centrally on the forms page on MaineProbate.net (maineprobate.net/welcome/probateforms-2019) and used by every county Register of Probate, including the Small Estate Affidavit (form AF-102) |
| Small estate | Collection of personal property by affidavit is available 30 days after death where the entire estate, wherever located and less liens and encumbrances, does not exceed $52,500 for deaths in 2026, a figure indexed annually under section 1-108 (18-C M.R.S. §3-1201). It reaches personal property only; real estate is not collected this way |
| Filing fee | Set by statute and uniform statewide, keyed to the value of the estate: $40 for estates of $10,000 or less up to $1,200 for estates over $2,000,000 (18-C M.R.S. §1-602, the uniform statewide probate fee schedule, verified July 2026) |
| State estate tax | Yes. Maine imposes an estate tax with a $7,160,000 exclusion for deaths in 2026 (the exclusion was $7,000,000 for deaths in 2025 and is indexed annually). Only estates above the exclusion are taxed, at 8 percent, 10 percent, and 12 percent on the value above it. The return is Form 706ME, due nine months after the date of death (Maine Revenue Services, maine.gov/revenue) |
| State inheritance tax | None. Maine taxes the estate, not the beneficiary; there is no tax based on an heir's relationship to the decedent |
| E-filing | Available statewide through MaineProbate.net's EZ-File system (maineprobate.net/EFiling), with a $7 e-filing fee, effective September 1, 2021 (MaineProbate.net, verified July 2026). Paper filing in person or by mail at the county Register of Probate remains fully accepted. The county Probate Courts are not on the State of Maine Judicial Branch's eCourts system, which covers Judicial Branch case types only |
| Case search | MaineProbate.net (maineprobate.net/search) is the statewide portal that indexes the dockets of all 16 county Probate Courts. The docket index can be searched at no charge, and document images can be viewed online free for cases filed since 2008 in all counties (some counties have scanned earlier cases); charges apply for printed or certified copies |
Before you begin — know the assets and liabilities
Maine probate turns on questions the family should answer before opening a court file: who inherits and who will serve, whether the estate holds real estate, and whether the estate is large enough to owe Maine estate tax. The path depends on whether there is a will and on the size and makeup of the estate. Collection of personal property by affidavit (18-C M.R.S. §3-1201) is available only where the entire estate, less liens and encumbrances, does not exceed $52,500 for deaths in 2026 and the estate holds no real estate to transfer, so confirming whether there is real property, and how each asset is titled, often decides the whole approach. Property held jointly with rights of survivorship, payable-on-death and transfer-on-death accounts, life insurance and retirement accounts with named beneficiaries, and trust property pass outside probate.
The tax question is a Maine distinctive. Maine imposes its own estate tax, with a $7,160,000 exclusion for deaths in 2026, and the return, Form 706ME, is due nine months after death. Only estates above the exclusion are taxed. Before filing anything with the county Register of Probate, identify every asset and debt and confirm how each asset is titled and valued, because the estate value sets the filing-fee tier under 18-C M.R.S. §1-602 and the presence of real estate shapes the path. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles probate
Maine probate runs through county courts. Each of the 16 counties operates its own county Probate Court, funded and administered by county government. These courts are not part of the State of Maine Judicial Branch, which runs the District, Superior, and Supreme Judicial Courts at courts.maine.gov. There is no separate statewide probate court and no probate division of a state trial court. The judge is an elected, part-time Judge of Probate, a practicing attorney who serves part time; the filing office is the elected Register of Probate, also called the Registry of Probate, the counter where applications and petitions are filed and records are kept. Maine is the only state whose probate judges are still part-time elected county officials. This knowledge base has a separate page for each of the 16 counties, because courthouse locations, hours, and local contacts differ from county to county even though the statewide law, forms, and fee schedule do not.
Venue is the county where the decedent was domiciled at death. Under 18-C M.R.S. §3-201, venue for the first informal or formal testacy or appointment proceeding after death is in the county where the decedent was domiciled at the time of death, or, if the decedent was not domiciled in Maine, in any county where property of the decedent was located at the time of death. Subsequent proceedings are in the county of the first proceeding. In practice, file with the Register of Probate for the county where the decedent lived at death (18-C M.R.S. §3-201).
The probate process
- Identify and value all assets and debts, and confirm how each asset is titled. Determine whether the estate holds real estate and who the heirs or beneficiaries are, because that decides which administration path fits and whether the estate owes Maine estate tax.
- Choose the path. Informal probate or informal appointment (18-C M.R.S. §3-301) is the default unsupervised route for uncontested estates, handled by the Register of Probate on an application. Formal probate or formal testacy (18-C M.R.S. §3-401) is a court-supervised proceeding before the Judge of Probate for contested wills, questions of heirship, or where supervision is needed. Collection of personal property by affidavit (18-C M.R.S. §3-1201) is the small-estate route, and summary administration (18-C M.R.S. §3-1203) closes qualifying estates without creditor notice.
- Confirm venue and gather the papers. File in the county where the decedent was domiciled at death (18-C M.R.S. §3-201). Gather the original will, if any, a certified copy of the death certificate, and the statewide standard forms from the forms page on MaineProbate.net (maineprobate.net/welcome/probateforms-2019), beginning with the application for informal probate or the petition for formal probate.
- File with the Register of Probate. File electronically through MaineProbate.net's EZ-File system (maineprobate.net/EFiling), which carries a $7 e-filing fee, effective September 1, 2021 (MaineProbate.net, verified July 2026), or file on paper, in person or by mail, at the county Register of Probate; both routes are fully accepted. For informal matters the Register handles the application; for formal matters the Judge of Probate hears the petition.
- Pay the filing fee. The estate filing fee is set by statute and uniform statewide, keyed to the value of the estate, from $40 for estates of $10,000 or less up to $1,200 for estates over $2,000,000 (18-C M.R.S. §1-602, the uniform statewide probate fee schedule, verified July 2026).
- Receive the appointment and proof of authority. On an application in order, the Register informally admits the will and appoints the personal representative without a hearing; in a formal proceeding the Judge of Probate acts. The Register issues letters, meaning letters testamentary or letters of administration, and on request a certificate of appointment, at $10 for a single certificate or $20 for a double (18-C M.R.S. §1-602, the uniform statewide probate fee schedule, verified July 2026).
- Give notice and address family protections. Account for the homestead allowance, exempt property, and family allowance that pass to the surviving spouse and children ahead of general distribution (18-C M.R.S. §§2-402, 2-403, 2-405), and for any elective share the surviving spouse elects against the will (18-C M.R.S. §2-202).
- Administer and close the estate. Pay valid debts and taxes. If the estate exceeds the Maine exclusion, $7,160,000 for deaths in 2026, file Form 706ME within nine months of death and pay any Maine estate tax. Then distribute the remaining assets and file a closing statement, or, for a qualifying estate, use summary administration (18-C M.R.S. §3-1203) to distribute and close.
Types of probate
Maine's administration paths are statewide, set by the Maine Probate Code (Title 18-C M.R.S., effective September 1, 2019), and are the same in every county Probate Court. Which one fits turns on whether the estate is contested, the size and makeup of the estate, and whether the estate holds real estate.
| Path | When used | How it closes | Statute |
|---|---|---|---|
| Informal probate and informal appointment | The default unsupervised route for uncontested estates. The applicant files an application with the Register of Probate, who, if the papers are in order and enough time has passed, informally admits the will and appoints the personal representative without a hearing. | By administration and a closing statement filed with the Register of Probate | 18-C M.R.S. §3-301 |
| Formal probate and formal testacy | A court-supervised proceeding before the Judge of Probate, used for contested wills, questions of heirship, or where court supervision is needed. It begins on a petition. | By order or decree of the Judge of Probate, then administration and closing | 18-C M.R.S. §3-401 |
| Collection of personal property by affidavit | The small-estate route, available 30 days after death where the entire estate, wherever located and less liens and encumbrances, does not exceed $52,500 for deaths in 2026, indexed under section 1-108. It reaches personal property, debts, stock, and choses in action, not real estate, and requires no court appointment. | The successor presents the affidavit to whoever holds the property; no court order is required | 18-C M.R.S. §3-1201 |
| Summary administration | Available where the value of the entire estate, less liens and encumbrances, does not exceed the total of the homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and the reasonable and necessary medical and hospital expenses of the decedent's last illness. It is keyed to those priority items, not to a flat dollar cap. | The personal representative distributes to the persons entitled, without creditor notice, and files a closing statement | 18-C M.R.S. §3-1203 |
Executor duties
Personal representative duties in Maine
Maine uses the Uniform Probate Code terms. The estate representative is the personal representative, specified as the executor when named in a will and the administrator when appointed where there is no will. The Register of Probate issues letters, meaning letters testamentary or letters of administration, and on request a certificate of appointment, the personal representative's proof of authority to access accounts and act for the estate (18-C M.R.S. §1-201).
| Duty | Source | Timing |
|---|---|---|
| Apply for informal appointment or petition for formal appointment, and qualify | 18-C M.R.S. §3-301; §3-401 | At the opening of administration |
| Receive letters and, on request, a certificate of appointment, the proof of authority | 18-C M.R.S. §1-201 | On appointment |
| Give notice to heirs, devisees, and creditors and administer the estate | 18-C M.R.S. Article 3 | During administration |
| Set aside the homestead allowance, exempt property, and family allowance for the surviving spouse and children | 18-C M.R.S. §§2-402, 2-403, 2-405 | During administration, ahead of general distribution |
| Account for any elective share the surviving spouse elects against the will | 18-C M.R.S. §2-202 | Within the statutory period after appointment |
| Pay valid debts and taxes, file Form 706ME where the estate exceeds the Maine exclusion, then distribute and close | Maine Revenue Services, maine.gov/revenue; 18-C M.R.S. §3-1203 | Form 706ME is due nine months after death when the estate exceeds $7,160,000 for deaths in 2026 |
Forms and documents
Probate forms in Maine
Maine has a statewide standard probate form set. The same 2019 forms are used at every county Register of Probate; a county does not publish its own competing application or petition. The forms are published centrally on the forms page on MaineProbate.net, at maineprobate.net/welcome/probateforms-2019. Completed filings can go in electronically through MaineProbate.net's EZ-File system or on paper, and the county Register of Probate tells filers where it wants paper forms filed, in person or by mail.
Where a form number below is not printed, the form is named by its function rather than numbered, because the exact current form name or number should be confirmed on the maineprobate.net forms page before it is relied on.
| Form | What it is | When used |
|---|---|---|
| Small Estate Affidavit (AF-102) | The affidavit for collection of personal property by affidavit | Filed by a successor 30 days after death for a small estate of $52,500 or less for deaths in 2026, with no real estate (18-C M.R.S. §3-1201) |
| Application for informal probate and informal appointment | The application that opens the default unsupervised route | Filed with the Register of Probate for an uncontested estate (18-C M.R.S. §3-301); confirm the current form on maineprobate.net |
| Petition for formal probate and formal testacy | The petition that opens a court-supervised proceeding | Filed for a contested will, a question of heirship, or where supervision is needed (18-C M.R.S. §3-401); confirm the current form on maineprobate.net |
| Closing statement and summary administration papers | The papers that close an informal estate or a summary administration | Filed to complete administration (18-C M.R.S. §§3-301, 3-1203); confirm the current forms on maineprobate.net |
Fees
Maine probate filing fees are set by statute, the uniform statewide probate fee schedule at 18-C M.R.S. §1-602, and are uniform statewide; the counties charge the same amounts and there is no per-county probate filing-fee schedule. The estate filing fee is keyed to the value of the estate under 18-C M.R.S. §1-602(2). Every figure below comes from 18-C M.R.S. §1-602, verified July 2026.
| Item | Amount (18-C M.R.S. §1-602) |
|---|---|
| Estate of $10,000 or less | $40 |
| Estate $10,001 to $20,000 | $60 |
| Estate $20,001 to $30,000 | $75 |
| Estate $30,001 to $40,000 | $95 |
| Estate $40,001 to $50,000 | $125 |
| Estate $50,001 to $75,000 | $190 |
| Estate $75,001 to $100,000 | $250 |
| Estate $100,001 to $150,000 | $325 |
| Estate $150,001 to $200,000 | $375 |
| Estate $200,001 to $250,000 | $450 |
| Estate $250,001 to $300,000 | $500 |
| Estate $300,001 to $400,000 | $575 |
| Estate $400,001 to $500,000 | $625 |
| Estate $500,001 to $750,000 | $700 |
| Estate $750,001 to $1,000,000 | $750 |
| Estate $1,000,001 to $1,500,000 | $875 |
| Estate $1,500,001 to $2,000,000 | $950 |
| Estate over $2,000,000 | $1,200, then $250 for each additional $500,000 or part above $2,500,000 |
| Will filed for no probate | $15 |
| Will probated without appointment | $20 |
| Certificate of appointment | $10 single, $20 double |
| Copies | $1 per page |
| Petition for elective share | $120 |
| Petition for appointment as guardian | $90 |
| Petition for appointment as conservator | $90 |
| Joined guardian and conservator petition | $115 |
| Subsequent informal appointment | $50 |
| Other formal proceedings | $50 |
The schedule is uniform statewide under 18-C M.R.S. §1-602; the estate-value tiers are in subsection (2), as amended by PL 2021 c.250, verified July 2026. Charges for printed or certified copies of court records are a records cost rather than a filing fee; viewing document images online through MaineProbate.net is free for cases filed since 2008.
Timeline
- Small-estate wait: collection of personal property by affidavit is available 30 days after death, where the entire estate less liens and encumbrances does not exceed $52,500 for deaths in 2026 (18-C M.R.S. §3-1201).
- Opening administration: informal probate begins when the application is filed with the Register of Probate and the papers are in order; formal probate begins on a petition to the Judge of Probate. Both can be filed electronically through MaineProbate.net's EZ-File system or on paper, in person or by mail.
- Family protections: the homestead allowance, exempt property, and family allowance are set aside for the surviving spouse and children during administration, ahead of general distribution (18-C M.R.S. §§2-402, 2-403, 2-405).
- Estate tax return: Form 706ME is due nine months after the date of death when the estate exceeds the Maine exclusion, $7,160,000 for deaths in 2026, with extensions available (Maine Revenue Services, maine.gov/revenue).
- Summary administration: where the estate qualifies, the personal representative may distribute to the persons entitled without creditor notice and file a closing statement (18-C M.R.S. §3-1203).
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
County probate courts, outside the Judicial Branch. Maine's probate courts are county courts, not part of the State of Maine Judicial Branch. Each of the 16 counties runs its own county Probate Court, funded and administered by county government, separate from the District, Superior, and Supreme Judicial Courts. A Maine probate matter is not handled by the state court system or a division of a state trial court.
An elected, part-time Judge of Probate. Each county elects a Judge of Probate, a practicing attorney who serves part time, and a Register of Probate, both to four-year terms in county elections. Maine is the only state whose probate judges are still part-time elected county officials. The filing office is the Register of Probate, also called the Registry of Probate; both terms are correct in Maine.
Informal versus formal probate. Maine adopted the Uniform Probate Code framework. Informal probate or informal appointment (18-C M.R.S. §3-301) is an unsupervised administrative process handled by the Register of Probate on an application, used for uncontested estates. Formal probate or formal testacy (18-C M.R.S. §3-401) is a court-supervised process before the Judge of Probate, used for contested matters or where supervision is needed.
Allowances and exempt property. For deaths in 2026, the family protections indexed under section 1-108 are a homestead allowance of $29,500 (18-C M.R.S. §2-402), exempt property of $19,700 (18-C M.R.S. §2-403), and a family allowance of $35,400 (18-C M.R.S. §2-405). These pass to the surviving spouse and children ahead of general distribution.
Surviving spouse's elective share. A surviving spouse may elect against the will and take a statutory share of the augmented estate under Maine's 2019 code (18-C M.R.S. §2-202). The election is made within the statutory period after appointment, and the petition for elective share carries a $120 fee (18-C M.R.S. §1-602, the uniform statewide probate fee schedule, verified July 2026).
Maine estate tax. Maine imposes its own estate tax. For deaths in 2026, the Maine estate tax exclusion is $7,160,000 (the exclusion was $7,000,000 for deaths in 2025 and is indexed annually). Only estates above the exclusion are taxed, in a three-tier graduated structure of 8 percent, 10 percent, and 12 percent on the value above the exclusion. The return is Form 706ME, due nine months after the date of death, with extensions available. The exclusion that applies is the one for the year of death, because the figure changes annually (Maine Revenue Services, maine.gov/revenue).
No inheritance tax. Maine taxes the estate, not the beneficiary, so there is no Maine inheritance tax based on an heir's relationship to the decedent. It is correct to say Maine has no inheritance tax; Maine does, however, have a state estate tax.
Federal estate tax. The separate federal estate tax applies only above the federal exemption, which is $15 million per individual for deaths in 2026 under the One Big Beautiful Bill Act (signed July 4, 2025, and indexed annually).
Statewide e-filing and a statewide docket search. Maine probate has statewide e-filing through MaineProbate.net's EZ-File system (maineprobate.net/EFiling), with a $7 e-filing fee, effective September 1, 2021 (MaineProbate.net, verified July 2026); paper filing in person or by mail at the county Register of Probate remains fully accepted, and the county Probate Courts are not on the State of Maine Judicial Branch's eCourts system. MaineProbate.net (maineprobate.net/search) is also the single statewide portal that indexes the dockets of all 16 county Probate Courts, and the same site hosts the forms page on MaineProbate.net. The docket index can be searched at no charge, document images can be viewed online free for cases filed since 2008 in all counties (some counties have scanned earlier cases), and charges apply for printed or certified copies.
Small-estate alternatives
Maine has two simplified routes for smaller estates, both statewide under the Maine Probate Code.
| Path | How it qualifies | How it closes |
|---|---|---|
| Collection of personal property by affidavit (18-C M.R.S. §3-1201) | Available 30 days after death where the entire estate, wherever located and less liens and encumbrances, does not exceed $52,500 for deaths in 2026, a figure indexed annually under section 1-108. It reaches personal property, debts, stock, and choses in action, not real estate | The successor presents the affidavit to whoever holds the property; no court appointment is required |
| Summary administration (18-C M.R.S. §3-1203) | Available where the value of the entire estate, less liens and encumbrances, does not exceed the total of the homestead allowance, exempt property, family allowance, costs of administration, reasonable funeral expenses, and last-illness medical and hospital expenses. It is keyed to those priority items, not to a flat dollar cap | The personal representative distributes to the persons entitled, without creditor notice, and files a closing statement |
The county probate courts publish the adjusted collection-by-affidavit figure annually (PL 2025 c.76). Estates that hold real estate to transfer, or that exceed these routes, proceed by informal probate (18-C M.R.S. §3-301) or, where contested or supervised, formal probate (18-C M.R.S. §3-401).
Recent updates
| Date | Change | Source |
|---|---|---|
| Deaths in 2026 | The Maine estate tax exclusion is $7,160,000 for deaths in 2026, up from $7,000,000 for deaths in 2025. Estates above the exclusion are taxed at 8 percent, 10 percent, and 12 percent on the value above it, and the return, Form 706ME, is due nine months after death. The exclusion is indexed and changes annually. | Maine Revenue Services, maine.gov/revenue |
| Deaths in 2026 | The section 1-108 indexed figures for 2026 are: collection of personal property by affidavit up to $52,500 (18-C M.R.S. §3-1201), homestead allowance $29,500 (18-C M.R.S. §2-402), exempt property $19,700 (18-C M.R.S. §2-403), and family allowance $35,400 (18-C M.R.S. §2-405). The county probate courts publish the adjusted small-estate figure annually (PL 2025 c.76). | maineprobate.net section 1-108 cost-of-living table |
| Deaths in 2026 | The federal estate tax exemption is $15 million per individual for deaths in 2026 under the One Big Beautiful Bill Act (signed July 4, 2025, and indexed annually). Maine imposes its own estate tax with a far lower exclusion, so a Maine estate below the federal exemption can still owe Maine estate tax. | One Big Beautiful Bill Act (2025) |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Maine | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A home held jointly with rights of survivorship passes to the surviving spouse outside probate, and payable-on-death and beneficiary-designated accounts do the same. Solely held accounts may still need administration: if the estate is small and holds no real estate, collection of personal property by affidavit (18-C M.R.S. §3-1201) may reach the personal property once it is 30 days after death; otherwise informal probate (18-C M.R.S. §3-301) is the usual route. The homestead allowance, exempt property, and family allowance are set aside for the spouse (18-C M.R.S. §§2-402, 2-403, 2-405), and Maine imposes no inheritance tax. | Asset discovery to confirm what is held jointly versus solely. Packet generation for the informal probate application or the Small Estate Affidavit. Homestead and title guidance for the home. |
| Out-of-state adult child, small estate | If the parent left personal property of $52,500 or less for a 2026 death and no real estate, the child can often use collection of personal property by affidavit (18-C M.R.S. §3-1201) 30 days after death, presenting the affidavit to whoever holds the property, with no court appointment. A larger estate, or one with real estate to transfer, uses informal probate (18-C M.R.S. §3-301) filed with the Register of Probate in the county where the parent was domiciled. From out of state, the filing can go in electronically through MaineProbate.net's EZ-File system for a $7 e-filing fee (MaineProbate.net, verified July 2026) or on paper by mail. | Asset discovery to confirm the estate fits the $52,500 affidavit limit and holds no real estate. Packet generation for the Small Estate Affidavit or the informal probate application. Coordination when a court filing or local counsel is needed. |
| Parent settling a predeceased child's estate, home must be sold | Because the estate holds real estate that must be sold, the affidavit route is unavailable. The parent opens informal probate (18-C M.R.S. §3-301), or formal probate (18-C M.R.S. §3-401) if the matter is contested or supervision is needed, receives letters and a certificate of appointment, and sells the home during administration. If the estate exceeds $7,160,000 for a 2026 death, Form 706ME is due within nine months. | Asset discovery for the child's accounts and policies. Packet generation for the probate filing. Referral to a vetted Maine probate attorney when a sale or an accounting is involved. |
Self-help resources
| Resource | What it offers |
|---|---|
| The county Register of Probate or Registry of Probate page | Hours, directions, mailing address, and contact for the county where the decedent was domiciled; the authoritative page for that county's Probate Court |
| MaineProbate.net (maineprobate.net) | The statewide probate court records, forms, and e-filing hub: docket search at maineprobate.net/search across all 16 county Probate Courts, the standard 2019 probate forms at maineprobate.net/welcome/probateforms-2019, and e-filing through the EZ-File system at maineprobate.net/EFiling ($7 e-filing fee, verified July 2026) |
| Maine Judicial Branch probate information (courts.maine.gov) | Context on the separate state courts and general court help; note that probate is a county court, not part of the Judicial Branch |
| Pine Tree Legal Assistance (ptla.org/maine-probate-courts) | Free plain-language help on the Maine probate courts and, for eligible low-income Mainers, free civil legal services |
| Maine State Bar Association Lawyer Referral Service (mainebar.org) | Attorney referrals statewide; confirm the current referral service phone and page before relying on it |
| Maine Revenue Services, Estate Tax (maine.gov/revenue) | The Estate Tax FAQ and the guidance for deaths after 2012, with Form 706ME and the current exclusion figure |
When to hire an attorney
A Maine attorney is advisable when the estate is or may become contested, such as a will contest or a dispute over heirship; when the will is missing or defective; when the estate is insolvent; when real estate must be sold and title questions arise; when a surviving spouse considers electing against the will (18-C M.R.S. §2-202); when the estate exceeds the Maine estate-tax exclusion, $7,160,000 for a 2026 death, and a Form 706ME return is required; or when a complex asset such as a business interest is involved. For an uncontested estate that qualifies for collection of personal property by affidavit (18-C M.R.S. §3-1201), or for straightforward informal probate (18-C M.R.S. §3-301), many Maine families complete the process without an attorney. Sunset can connect families to a vetted Maine probate attorney when the situation requires counsel.
How Sunset helps in Maine
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and Maine public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Maine real estate, vehicles, business interests, and unclaimed property, and flags how each asset is titled so the family can tell what passes outside probate, whether the estate fits the $52,500 affidavit limit for a 2026 death (18-C M.R.S. §3-1201), and whether it crosses the $7,160,000 Maine estate-tax exclusion, above which a Maine return (Form 706ME) is due.
Generate the probate packet. Sunset assembles the statewide Maine packet for the estate settlement path that fits, whether the Small Estate Affidavit for collection of personal property, the application for informal probate, or the petition for formal probate, ready to file with the county Register of Probate in the county where the decedent was domiciled, electronically through MaineProbate.net's EZ-File system or on paper in person or by mail.
Find a local probate attorney. When estate settlement calls for counsel, such as a contested estate, an insolvent estate, a real-estate sale with title questions, or an estate over the $7,160,000 Maine estate-tax exclusion for a 2026 death, Sunset connects families to a vetted Maine probate attorney serving the relevant county.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Which court handles probate in Maine?
A county Probate Court. Each of the 16 counties runs its own county Probate Court, funded and administered by county government and not part of the State of Maine Judicial Branch. The judge is an elected, part-time Judge of Probate, and the filing office is the elected Register of Probate, also called the Registry of Probate. You file in the county where the decedent was domiciled at death (18-C M.R.S. §3-201).
How much does probate cost in Maine?
The estate filing fee is set by statute and uniform statewide, keyed to the value of the estate, from $40 for estates of $10,000 or less up to $1,200 for estates over $2,000,000 (18-C M.R.S. §1-602, the uniform statewide probate fee schedule, verified July 2026). A certificate of appointment is $10 for a single certificate or $20 for a double, and copies are $1 per page (18-C M.R.S. §1-602).
What is the small-estate limit in Maine?
Collection of personal property by affidavit (18-C M.R.S. §3-1201) is available 30 days after death where the entire estate, less liens and encumbrances, does not exceed $52,500 for deaths in 2026, a figure indexed annually under section 1-108. It reaches personal property only, not real estate, and requires no court appointment. Summary administration (18-C M.R.S. §3-1203) is a second simplified route keyed to the estate's priority items rather than a flat dollar cap.
Does Maine have an estate tax or an inheritance tax?
Maine has a state estate tax and no inheritance tax. For deaths in 2026, the Maine estate tax exclusion is $7,160,000 (it was $7,000,000 for deaths in 2025 and is indexed annually). Only estates above the exclusion are taxed, at 8 percent, 10 percent, and 12 percent on the value above it, and the return, Form 706ME, is due nine months after death (Maine Revenue Services, maine.gov/revenue). The separate federal estate tax applies only above the federal exemption, which is $15 million per individual for deaths in 2026.
Can I e-file probate in Maine?
Yes. Maine probate has statewide e-filing through MaineProbate.net's EZ-File system at maineprobate.net/EFiling, with a $7 e-filing fee, effective September 1, 2021 (MaineProbate.net, verified July 2026). Paper filing in person or by mail at the county Register of Probate remains fully accepted. Note that the county Probate Courts are not on the State of Maine Judicial Branch's eCourts system, which covers Judicial Branch case types only; probate e-filing runs through MaineProbate.net.
What is the difference between informal and formal probate in Maine?
Informal probate or informal appointment (18-C M.R.S. §3-301) is an unsupervised administrative process handled by the Register of Probate on an application, used for uncontested estates, without a hearing. Formal probate or formal testacy (18-C M.R.S. §3-401) is a court-supervised proceeding before the Judge of Probate, used for contested wills, questions of heirship, or where supervision is needed. It begins on a petition.
What authority document does the court issue in Maine?
The Register of Probate issues letters, meaning letters testamentary to an executor named in a will or letters of administration to an administrator where there is no will, and on request a certificate of appointment (18-C M.R.S. §1-201). A certificate of appointment is $10 for a single certificate or $20 for a double (18-C M.R.S. §1-602, the uniform statewide probate fee schedule, verified July 2026), and it is what banks and registries rely on to confirm the personal representative's authority.
How do I look up a probate case in Maine?
MaineProbate.net at maineprobate.net/search is the statewide portal that indexes the dockets of all 16 county Probate Courts, searchable by name or case number with a county filter. The docket index can be searched at no charge, and document images can be viewed online free for cases filed since 2008 in all counties (some counties have scanned earlier cases); charges apply for printed or certified copies. The same site hosts the forms page on MaineProbate.net.
Where do I get Maine probate forms?
Maine uses one statewide standard form set, the 2019 forms, published on the forms page on MaineProbate.net at maineprobate.net/welcome/probateforms-2019 and used by every county Register of Probate, including the Small Estate Affidavit (form AF-102). Confirm a form's current name or number on maineprobate.net before relying on it.
What protections does a surviving spouse have in Maine?
For deaths in 2026, a surviving spouse and children are entitled to a homestead allowance of $29,500 (18-C M.R.S. §2-402), exempt property of $19,700 (18-C M.R.S. §2-403), and a family allowance of $35,400 (18-C M.R.S. §2-405), each indexed under section 1-108 and set aside ahead of general distribution. A surviving spouse may also elect against the will and take a statutory share of the augmented estate (18-C M.R.S. §2-202).
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Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.