Should You Get a Trust or a Will in Maine?
In Maine, a will-based plan pays probate attorney fees of typically 1.9%18-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source to 3.1%18-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
In Maine, a will-based plan pays probate attorney fees of typically 1.9%18-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source to 3.1%18-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee. The trust also distributes assets faster than the 4 months to 6 months probate timeline a simple estate takes.
Probate in Maine runs about $26,31318-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source on a $500,000 estate in combined attorney, executor, and court fees. A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Maine probate calculator.
No. A will must go through probate in Maine. A small estate may qualify for a simplified route: 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. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court.
Simple estates in Maine typically take 4 months to 6 months through probate; average estates 6 months to 12 months, and contested estates longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
Yes. A will becomes a public court record once it enters probate in Maine: the will, the inventory, the beneficiaries and the distributions. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.
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Learn moreForms for Planning Your Estate in Maine
Free forms for planning your estate in Maine: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Maine, a will is signed before 218-C M.R.S. § 2-502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimony18-C M.R.S. § 2-502Verified Oct 18, 2026View source.
Pour-Over Will
In Maine, a pour-over will is signed before 218-C M.R.S. § 2-502Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Healthcare Power of Attorney
Maine requires 218-C M.R.S. § 5-805Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not required18-C M.R.S. § 5-805Verified Oct 15, 2026View source.
Financial Power of Attorney
Maine treats a power of attorney as durable by default18-C M.R.S. § 5-905, § 5-904, § 5-906, § 5-907, § 5-909, § 5-913, § 5-931, § 5-951Verified Sep 18, 2026View source, and it is signed before a notary18-C M.R.S. § 5-905, § 5-904, § 5-906, § 5-907, § 5-909, § 5-913, § 5-931, § 5-951Verified Sep 18, 2026View source.
Transfer on Death Deed
In Maine, a transfer on death deed is signed before a notary18-C M.R.S. 6-401 to 6-420Verified Oct 18, 2026View source, then recorded with the county before the owner's death18-C M.R.S. 6-401 to 6-420Verified Oct 18, 2026View source.
Living Will
In Maine, the living will is the Advance Health Care Directive18-C M.R.S. §§ 5-801 to 5-817 (Title 18-C, Article 5, Part 8, Uniform Health Care Decisions Act)Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Tools for Planning Your Estate in Maine
Free tools for planning your estate in Maine: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
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Will My Estate Documents Transfer?
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How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Maine runs $5,390Estimate: 10 hours at $539, Clio's Maine Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $8,085Estimate: 15 hours at $539, Clio's Maine Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Maine runs $1,029Estimate: 3 hours at $343, Clio's Maine Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,058Estimate: 6 hours at $343, Clio's Maine Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $26,31318-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
In Maine, a parent names a guardian for a minor child in a will or a separate signed writingMe. Rev. Stat. tit. 18-C, §§ 5-202, 5-203, 5-204Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Me. Rev. Stat. tit. 1, §§ 72(2-B), 73Verified Sep 15, 2026View source.
Do I Need a Revocable Trust?
Probate in Maine takes 4 months to 6 months for a simple estate and charges attorney fees of typically 1.9%18-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source to 3.1%18-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Maine runs $5,390Estimate: 10 hours at $539, Clio's Maine Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $8,085Estimate: 15 hours at $539, Clio's Maine Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,029Estimate: 3 hours at $343, Clio's Maine Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,058Estimate: 6 hours at $343, Clio's Maine Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
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Maine Estate Planning Resources
In-depth guides covering Maine probate laws, trust requirements, and estate planning strategies.