How Do I File Taxes for a Deceased Person in Maine?
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.
At minimum, a final federal income tax return (Form 1040) for income earned through the date of death, and Maine requires a final state income tax return36 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 (Form 1040ME36 M.R.S. §§ 4101-4119 (estate tax; 4107 filing, 4110 extension, 4112 lien), 5220, 5222, 5227, 5231 (income tax returns)Verified Sep 10, 2026View source) as well. If the estate earns income during administration, a federal fiduciary return (Form 1041) and a Maine fiduciary return (Form 1041ME36 M.R.S. §§ 4101-4119 (estate tax; 4107 filing, 4110 extension, 4112 lien), 5220, 5222, 5227, 5231 (income tax returns)Verified Sep 10, 2026View source) may also be required. A Maine estate tax return must also be filed when the federal gross estate plus lifetime taxable gifts made within one year of death, plus Maine elective property exceeds $7,160,000, or whenever a federal estate tax return is required36 M.R.S. §§ 4101-4119 (estate tax; 4107 filing, 4110 extension, 4112 lien), 5220, 5222, 5227, 5231 (income tax returns)Verified Sep 10, 2026View source, a test on the gross estate that can be met even where deductions mean no tax is due.
The final federal income tax return is due April 15 following year of death26 USC 6012(b)(1)Verified Sep 15, 2026. The final Maine return is due April 15 following year of death (automatic extension equal to the federal extension)36 M.R.S. §§ 4101-4119 (estate tax; 4107 filing, 4110 extension, 4112 lien), 5220, 5222, 5227, 5231 (income tax returns)Verified Sep 10, 2026View source. The Maine fiduciary return is due April 15 (calendar year); automatic extension equal to the federal extension36 M.R.S. §§ 4101-4119 (estate tax; 4107 filing, 4110 extension, 4112 lien), 5220, 5222, 5227, 5231 (income tax returns)Verified Sep 10, 2026View source. The Maine estate tax return (Form 706ME36 M.R.S. §§ 4101-4119 (estate tax; 4107 filing, 4110 extension, 4112 lien), 5220, 5222, 5227, 5231 (income tax returns)Verified Sep 10, 2026View source) is due 9 months after date of death36 M.R.S. §§ 4101-4119 (estate tax; 4107 filing, 4110 extension, 4112 lien), 5220, 5222, 5227, 5231 (income tax returns)Verified Sep 10, 2026View source.
Yes. A lien attaches automatically to all Maine property subject to the estate tax (it does not attach to property passing by right of survivorship to a surviving joint tenant who was the decedent's spouse on the date of death, and it releases 10 years after death)36 M.R.S. §§ 4101-4119 (estate tax; 4107 filing, 4110 extension, 4112 lien), 5220, 5222, 5227, 5231 (income tax returns)Verified Sep 10, 2026View source. Distributing assets without the clearance can leave the executor or trustee personally liable.
Yes. Maine imposes a state estate tax36 M.R.S. §§ 4102, 4103, 4119Verified Sep 15, 2026View source on an estate above $7,160,00036 M.R.S. §§ 4102, 4103, 4119Verified Sep 15, 2026View source. It is separate from the federal estate tax. A state estate tax return must be filed when the federal gross estate plus lifetime taxable gifts made within one year of death, plus Maine elective property exceeds $7,160,000, or whenever a federal estate tax return is required36 M.R.S. §§ 4101-4119 (estate tax; 4107 filing, 4110 extension, 4112 lien), 5220, 5222, 5227, 5231 (income tax returns)Verified Sep 10, 2026View source, even if no federal estate tax is owed.
Yes. Estate size does not change the final income tax return: a final Form 1040 is filed whatever the estate is worth if the decedent had income. What a smaller estate avoids is the federal estate tax return (Form 706), due 9 months after date of death (6-month extension available)26 USC 6018; 26 USC 6075(a)Verified Sep 15, 2026 and required only above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source and the Maine estate tax return (required when the federal gross estate plus lifetime taxable gifts made within one year of death, plus Maine elective property exceeds $7,160,000, or whenever a federal estate tax return is required36 M.R.S. §§ 4101-4119 (estate tax; 4107 filing, 4110 extension, 4112 lien), 5220, 5222, 5227, 5231 (income tax returns)Verified Sep 10, 2026View source).
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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 Need Probate?
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.
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.
Maine Estate Settlement Resources
In-depth guides covering Maine probate, estate administration, and settling an estate.
