When Is Probate Required in Maine?
In Maine, estates with personal property of $52,50018-C M.R.S. § 3-1201Verified Sep 8, 2026View source or less skip probate with the Small Estate Affidavit18-C M.R.S. § 3-1201Verified Sep 8, 2026View source, 30 days18-C M.R.S. § 3-1201Verified Sep 8, 2026View source after death.
Maine allows estates with personal property of $52,50018-C M.R.S. § 3-1201Verified Sep 8, 2026View source or less to use the Small Estate Affidavit18-C M.R.S. § 3-1201Verified Sep 8, 2026View source, which avoids full probate administration. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 30 days18-C M.R.S. § 3-1201Verified Sep 8, 2026View source after death.
Real property cannot be transferred through this procedure in Maine — an estate that includes real estate uses a separate process. Real estate held in a trust, or otherwise titled to pass outside the probate estate, transfers without probate. A transfer-on-death deed recorded before death also passes real estate outside probate18-C M.R.S. 6-401 to 6-420Verified Oct 17, 2026View source in Maine. The Maine trust vs. will comparison sets the two routes side by side.
In Maine, the assets that pass outside probate are property held in a living trust, accounts with a named beneficiary (retirement accounts, life insurance, payable-on-death bank accounts), real estate with a recorded transfer-on-death deed18-C M.R.S. 6-401 to 6-420Verified Oct 17, 2026View source, and property owned jointly with right of survivorship. Everything the decedent owned alone, with no beneficiary named, is the probate estate.
In Maine, a simple estate typically takes 4 months to 6 months through probate, and an average estate 6 months to 12 months. An estate with a dispute, real estate in another state or an unusual asset runs longer. The creditor claim period of 4 months18-C M.R.S. § 3-801(1) (4 months from first publication); § 3-803(1) (outer bar: earlier of 9 months after death or the § 3-801 period)Verified Sep 8, 2026View source sets the floor: final distribution waits for it to run.
The common ways to avoid probate in Maine are a funded revocable living trust, beneficiary designations on accounts, recording a transfer-on-death deed for real estate18-C M.R.S. 6-401 to 6-420Verified Oct 17, 2026View source, and titling property as joint tenants with right of survivorship. A trust covers every asset titled to it in one document; the other routes work asset by asset.
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Learn moreForms for Settling an Estate in Maine
Free forms for settling an estate in Maine: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Small Estate Affidavit
In Maine, the Small Estate Affidavit18-C M.R.S. § 3-1201Verified Sep 8, 2026View source covers estates with personal property of $52,50018-C M.R.S. § 3-1201Verified Sep 8, 2026View source or less, 30 days18-C M.R.S. § 3-1201Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Maine, the personal representative files the estate inventory within 90 days18-C MRSA §§ 3-706, 3-707, 3-708Verified Sep 15, 2026View source of appointment.
Estate Closing
In Maine, the personal representative is discharged automatically once the statutory period runs18-C M.R.S. §§ 3-1003(2), 3-1005Verified Sep 15, 2026View source, and a final accounting is required.
Tools for Settling an Estate in Maine
Free tools for settling an estate in Maine: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Maine, certified death certificates come from the Maine Department of Health and Human Services - Data, Research, and Vital StatisticsMaine Department of Health and Human Services - Data, Research, and Vital StatisticsVerified Oct 15, 2026View source; the first copy costs $15Maine Department of Health and Human Services - Data, Research, and Vital StatisticsVerified Oct 15, 2026View source, additional copies $6Maine Department of Health and Human Services - Data, Research, and Vital StatisticsVerified Oct 15, 2026View source each.
Do I Have to File Tax Returns for Someone Who Died?
Maine requires a final state income tax return for the decedent alongside the federal Form 104036 M.R.S. § 5111 (sub-§ 1-F rates; sub-§ 7 surcharge); § 5124-C, sub-§ 1-C (standard deduction); § 5403 (sub-§ 1 rate-table indexing; sub-§ 12 surcharge indexing); PL 2025 ch. 650 (LD 2212), Pts. DDDD and KVerified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Maine: the personal representative files the estate inventory within 90 days18-C MRSA §§ 3-706, 3-707, 3-708Verified Sep 15, 2026View source of appointment; creditors have 4 months18-C MRS §§ 3-801, 3-803, 3-805, 3-806Verified Oct 18, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
What Do I Do When Someone Dies?
After a death in Maine, the estate either qualifies for the simplified procedure for estates under $52,50018-C M.R.S. § 3-1201Verified Sep 8, 2026View source or goes through probate, where creditors have 4 months18-C M.R.S. § 3-801(1) (4 months from first publication); § 3-803(1) (outer bar: earlier of 9 months after death or the § 3-801 period)Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Maine levies an estate tax36 M.R.S. §§ 4102, 4103, 4119Verified Sep 15, 2026View source above $7,160,00036 M.R.S. §§ 4102, 4103, 4119Verified Sep 15, 2026View source (top rate 12%36 M.R.S. §§ 4102, 4103, 4119Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Maine, beneficiaries owe no inheritance tax and the estate pays any estate tax36 M.R.S. §§ 4102, 4103, 4119Verified Sep 15, 2026View source above $7,160,00036 M.R.S. §§ 4102, 4103, 4119Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Maine take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates36 M.R.S. § 5122 — modifications to federal AGI (no general capital-gains subtraction)Verified Sep 15, 2026View source.
Hire a Maine Probate Attorney
Browse 58 probate firms in Maine with addresses, contact info, and practice details.
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Maine Estate Settlement Resources
In-depth guides covering Maine probate, estate administration, and settling an estate.