How Do I Avoid Probate in Maine?

Maine's nonprobate-transfer statute names an insurance policy18-C M.R.S. § 6-101(1)Verified Nov 1, 2026View source: the death benefit is paid to the beneficiary the owner designated, outside probate. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.

An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another29 U.S.C. § 1144(a)Verified Nov 1, 2026View source. An IRA is the state's: Maine's statute names an individual retirement account18-C M.R.S. § 6-101(1)Verified Nov 1, 2026View source, so the balance is paid to the named beneficiary outside probate. A retirement account with no beneficiary named is part of the probate estate.

Survivorship title in Maine: In Maine a deed naming the owners as joint tenants, with right of survivorship, or as tenants by the entirety creates a joint tenancy. The Maine estate tax lien does not attach to property passing to a surviving joint tenant who was the decedent's spouse; any other lien is released ten years after the death, and on request the State Tax Assessor issues a discharge for recording18-C M.R.S. § 6-414; 18-C M.R.S. § 6-413(1)(A); 33 M.R.S. § 203Verified Oct 26, 2026View source. Maine recognizes the transfer on death deed18-C M.R.S. 6-401 to 6-420Verified Oct 17, 2026View source: the home passes to the named beneficiary at the owner's death without probate. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.

In Maine, no transfer on death designation is titled on a vehicle. A vehicle in the owner's name alone is part of the probate estate; one titled in a revocable trust passes under the trust's terms.