What Happens When an Estate Is Insolvent in Maine?
When an estate owes more than it holds, Maine pays the claims in 918-C MRS § 3-805Verified Sep 23, 2026View source classes in statutory order, beginning with costs and expenses of administration.
An estate is insolvent when the claims against it exceed the assets available to pay them. Maine then pays the claims in 918-C MRS § 3-805Verified Sep 23, 2026View source classes, in the order its statute sets; the classes at the end of the order are the ones left unpaid when the money runs out.
1. Costs and expenses of administration; 2. Reasonable funeral expenses; 3. Homestead allowance; 4. Family allowance; 5. Exempt property; 6. Debts and taxes with preference under federal law; 7. Medicaid benefits recoverable under 22 MRSA § 14(2-I), and reasonable and necessary medical and hospital expenses of the last illness, including compensation of persons attending the decedent; 8. Debts and taxes with preference under other laws of Maine; 9. All other claims18-C MRS § 3-805Verified Sep 23, 2026View source.
Maine pays them in proportion to their amounts18-C MRS § 3-805(2)Verified Sep 23, 2026View source: each claim in the class receives the same share of what it is owed.
A personal representative is not personally liable for the decedent's debts18-C M.R.S. § 3-808(1)-(3); § 3-104Verified Sep 23, 2026View source. A personal representative who pays a later class before an earlier class is paid in full is personally liable18-C M.R.S. § 3-807(2)(B)Verified Sep 23, 2026View source. A personal representative who distributes property to heirs while claims are unpaid is personally liable18-C M.R.S. § 3-807(2)(A); § 3-104; § 3-1004; § 3-909; § 3-1003(1)(B)Verified Sep 23, 2026View source.
Yes. A person named in a will who has not yet been appointed can decline the appointment, and an insolvent estate is a common reason to. In Maine, the way to decline is a written renunciation filed with the court18-C M.R.S. § 3-203(3)Verified Sep 23, 2026View source.
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Learn moreForms for Settling an Estate in Maine
Free forms for settling an estate in Maine: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Maine.
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.
IRS Form 1310
Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Affidavit of Death
In Maine, a transfer on death deed beneficiary records the “Notice of death affidavit18-C M.R.S. § 6-414Verified Oct 26, 2026View source”.
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 taxes. Run each tool for Maine.
How Much Can an Executor Charge?
Maine pays executors reasonable compensation18-C M.R.S. § 3-719 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
Can I Self-File Probate?
Maine has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is available18-C M.R.S. §§ 3-301, 3-302Verified Sep 8, 2026View source.
How Do I Get Letters Testamentary?
In Maine, the Register of Probate issues Letters of Authority of Personal Representative once the County Probate Court appoints the personal representative; an informal (registrar) track is available18-C M.R.S. §§ 3-301, 3-302Verified Sep 8, 2026View source.
What Are the Creditor Claim Deadlines?
In Maine, 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 from first publication of the creditor notice to present claims; late claims are barred.
How Do I Claim a Deceased Person's Unclaimed Property?
In Maine, a deceased owner's unclaimed property is claimed from the Office of the Maine State Treasurer, Unclaimed Property33 M.R.S. Chapter 45 (Maine Revised Unclaimed Property Act); 33 M.R.S. 2153-2155Verified Aug 24, 2026View source. For a deceased owner, the claimant files the Treasurer's Estate Affidavit, a notarized form, with the claimClaim FAQ (Maine Unclaimed Property)Verified Aug 24, 2026View source.
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Hire a Maine Probate Attorney
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Maine Estate Settlement Resources
In-depth guides covering Maine probate, estate administration, and settling an estate.