All Laws Decoded

Maine Wills, Probate and Estate Law

The rules in Maine for wills, inheriting without a will, probate and small estates, deeds, powers of attorney and estate taxes — each linked to the statute or official court page. Probate is handled by the County Probate Court (one in each of Maine's 16 counties).

Quick answers for Maine

Small estate affidavit
Personal property can be collected by affidavit if the entire estate, less liens and encumbrances, is no more than $40,000 adjusted for inflation ($52,500 for deaths in 2026), at least 30 days have passed since death, and no personal representative has been applied for or appointed. The person entitled presents the affidavit to whoever holds the property (banks, transfer agents for securities). This procedure covers personal property only, not real estate. 18-C M.R.S. § 3-1201
Handwritten (holographic) wills
Yes. A will that does not meet the witnessed-will rules is valid as a holographic will, with or without witnesses, if the signature and the material portions of the document are in the testator's handwriting. 18-C M.R.S. § 2-502(2)
Transfer-on-death deed
Yes. Maine has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded before the owner's death in the registry of deeds for the county where the property is located. The owner needs the same mental capacity as for a will, and the deed can always be revoked. 18-C M.R.S. §§ 6-406, 6-408, 6-409
State estate or inheritance tax
Maine has a state estate tax. For deaths in 2026, the Maine exclusion amount is $7,160,000 (it was $7,000,000 for 2025). Tax on the excess is 8% to 12%. The exclusion is adjusted for inflation each year. 36 M.R.S. §§ 4102, 4119

Last verified: 2026-10-25

Wills

Requirements for a valid willAn individual of sound mind who is 18 or older, or a legally emancipated minor, may make a will. A will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at the testator's direction), and signed by at least 2 witnesses, each within a reasonable time after seeing the testator sign or acknowledge the signature or the will. Any person generally competent to be a witness may witness; a will signed by an interested witness is still valid.
A will signed outside Maine is also valid if it complies with the law of the place where it was signed or where the testator lived. Age: https://legislature.maine.gov/statutes/18-C/title18-Csec2-501.html; witnesses: https://legislature.maine.gov/statutes/18-C/title18-Csec2-504.html
Handwritten (holographic) willsYes. A will that does not meet the witnessed-will rules is valid as a holographic will, with or without witnesses, if the signature and the material portions of the document are in the testator's handwriting.
Self-proving affidavitYes. A will can be made self-proved when signed, or at any later time, by the testator's acknowledgment and the witnesses' affidavits made before a notary or other officer authorized to administer oaths, using the certificate wording set out in the statute.

If there is no will

Who inherits without a willSurviving spouse: the entire estate if the deceased left no descendants or parents, or if all of the deceased's descendants are also the spouse's and the spouse has no other descendants. If no descendants but a parent survives, the spouse takes a set dollar amount plus 3/4 of the rest. If all descendants are shared but the spouse has other descendants, the spouse takes a set dollar amount plus 1/2 of the rest. If the deceased has descendants who are not the spouse's, the spouse takes 1/2. For deaths in 2026 the set amounts are $394,000 and $131,300 (the statute's $300,000 and $100,000, adjusted yearly for inflation). Whatever does not pass to the spouse goes to descendants; if none, to parents; if none, to brothers and sisters and their descendants; then to grandparents' families.
Inflation-adjusted amounts are published by the Maine probate courts: https://www.maineprobate.net/Forms2019/Cost%20of%20living%20calculations%20under%20Section%201-108%20(2020%20-%202026).pdf. Other heirs: https://legislature.maine.gov/statutes/18-C/title18-Csec2-103.html
Surviving spouse's shareThe surviving spouse of a person who died living in Maine may elect to take 50% of the marital-property portion of the augmented estate (which includes probate property and many nonprobate transfers). The marital-property portion grows with the length of the marriage, from 3% for under one year to 100% after 15 years. Homestead allowance, exempt property and family allowance are added on top of the elective share.
Marital-property percentages: https://legislature.maine.gov/statutes/18-C/title18-Csec2-203.html

Probate

Probate stepsFile an application for informal probate and appointment with the register of probate (or a petition for formal proceedings). Once appointed, the personal representative publishes a notice to creditors, files or mails an inventory within 3 months, pays valid claims and taxes, and distributes the estate. The estate may be closed by a sworn closing statement filed no earlier than 6 months after appointment, after the creditor claim period has ended.
Inventory: https://legislature.maine.gov/statutes/18-C/title18-Csec3-706.html; closing: https://legislature.maine.gov/statutes/18-C/title18-Csec3-1003.html
Simplified probateIf the inventory shows the estate is no larger than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical expenses, the personal representative may distribute the estate right away without notice to creditors and close it with a sworn closing statement. Maine also offers informal (non-hearing) probate and appointment through the register of probate.
For 2026 deaths, the homestead allowance is $29,500, exempt property $19,700 and family allowance $35,400 (inflation-adjusted, per https://www.maineprobate.net/Forms2019/Cost%20of%20living%20calculations%20under%20Section%201-108%20(2020%20-%202026).pdf).
Small estate affidavitPersonal property can be collected by affidavit if the entire estate, less liens and encumbrances, is no more than $40,000 adjusted for inflation ($52,500 for deaths in 2026), at least 30 days have passed since death, and no personal representative has been applied for or appointed. The person entitled presents the affidavit to whoever holds the property (banks, transfer agents for securities). This procedure covers personal property only, not real estate.
Amended by P.L. 2025, ch. 76, which also requires the probate courts to post the adjusted figure each year. 2026 figure ($52,500; $51,100 for 2025 deaths) from the probate courts' cost-of-living table: https://www.maineprobate.net/Forms2019/Cost%20of%20living%20calculations%20under%20Section%201-108%20(2020%20-%202026).pdf
Deadline for creditor claimsCreditors must present claims within 4 months after the first publication of the notice to creditors (published once a week for 2 weeks). A creditor mailed notice has until the later of 4 months after publication or 60 days after the mailing. In any case, claims arising before death are barred if not presented within 9 months after death.
Notice rules: https://legislature.maine.gov/statutes/18-C/title18-Csec3-801.html
Who can be executorPriority for appointment as personal representative: a person named in the will, then a surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs, and (after 45 days) a creditor. Those with priority may nominate someone else. No bond is required in informal proceedings unless the will requires it or an interested person demands it; in formal proceedings the court may order bond unless the will waives it.
Bond: https://legislature.maine.gov/statutes/18-C/title18-Csec3-603.html.
Finding probate court recordsMaine Probate Courts are located in every county and are administered at the county-government level; each Probate Court manages its own records, so contact the Probate Court in the county where the estate was opened.
Probate Court contacts: https://www.maineprobate.net/welcome/

Deeds and transferring a house

Signing and recording a deedA deed must be acknowledged (notarized) by the grantor before a notary public, a Maine attorney, or another authorized officer before it can be recorded. It must be recorded in the registry of deeds for the county where the land lies to be effective against third parties. Most deeds must be accompanied by a declaration of value, and a real estate transfer tax of $2.20 per $500 of value is charged (split equally between grantor and grantee), with an extra $3.80 per $500 on value over $1,000,000.
Recording: https://legislature.maine.gov/statutes/33/title33sec201.html; tax: https://legislature.maine.gov/statutes/36/title36sec4641-A.html; declaration of value: https://legislature.maine.gov/statutes/36/title36sec4641-D.html
Transfer-on-death deedYes. Maine has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded before the owner's death in the registry of deeds for the county where the property is located. The owner needs the same mental capacity as for a will, and the deed can always be revoked.
Revocability: https://legislature.maine.gov/statutes/18-C/title18-Csec6-406.html; capacity: https://legislature.maine.gov/statutes/18-C/title18-Csec6-408.html. A transfer on death deed is exempt from the real estate transfer tax declaration of value requirement (36 M.R.S. § 4641-D).

Power of attorney and health care directives

Financial power of attorneyA power of attorney must be signed by the principal and acknowledged before a notary public or other person authorized to take acknowledgments; it is not valid otherwise. A durable power of attorney must contain the statutory notices to the principal and to the agent. A power of attorney is durable unless it says it ends when the principal becomes incapacitated.
Durability: https://legislature.maine.gov/statutes/18-C/title18-Csec5-904.html
Health care directiveAn adult or emancipated minor with capacity may give health care instructions (orally to a provider, or in writing) and may sign a power of attorney for health care. The power of attorney for health care must be in writing and signed in person by the principal and 2 witnesses (not electronically). Unless the document says otherwise, the agent's authority starts when the principal is found to lack capacity.
Revocation: https://legislature.maine.gov/statutes/18-C/title18-Csec5-804.html
Official power of attorney formsA Maine power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction) and is not valid unless acknowledged before a notary public or other person authorized by law to take acknowledgments. A durable power of attorney is not valid unless it contains the "Notice to the Principal" and "Notice to the Agent" set out substantially in the statute (18-C M.R.S. 5-905). For health care, 18-C M.R.S. 5-805 provides an optional "Advance Health Care Directive" form, which must be signed and dated by you and signed by 2 other individuals as witnesses.
Advance Health Care Directive form: https://legislature.maine.gov/statutes/18-C/title18-Csec5-805.html

Estate and inheritance tax

State estate or inheritance taxMaine has a state estate tax. For deaths in 2026, the Maine exclusion amount is $7,160,000 (it was $7,000,000 for 2025). Tax on the excess is 8% to 12%. The exclusion is adjusted for inflation each year.
Inflation adjustment: https://legislature.maine.gov/statutes/36/title36sec4119.html

Planning documents and avoiding probate

Living will / advance directiveMaine follows the Uniform Health Care Decisions Act. An adult or emancipated minor with capacity may give an 'individual instruction' about their own health care, including life-sustaining treatment and artificial nutrition and hydration. It may be oral (made to a health care provider or a person who could serve as surrogate) or written, and may be limited to take effect only if a specified condition arises. The statute includes an optional 'Advance Health Care Directive' form that covers instructions, naming an agent, organ donation and a primary physician; any other form may be used.
Medical power of attorneyMaine calls it a 'power of attorney for health care.' It must be in writing and signed by the principal and two witnesses, all signing in person (not electronically). It stays in effect if the principal later loses capacity and may include individual instructions. Unless the document says otherwise, the agent's authority begins when the primary physician or a court determines the principal lacks capacity. An agent who is not a relative may not be an owner, operator or employee of a residential long-term care institution where the principal is receiving care. A designation of an agent can be revoked by a signed writing or by personally telling the supervising health care provider.
Revocable living trustMaine has adopted the Uniform Trust Code (Title 18-B, the Maine Uniform Trust Code). For trusts created under instruments signed on or after July 1, 2005, a trust is revocable unless its terms expressly make it irrevocable. The settlor may revoke or amend by the method in the trust or, if that method is not exclusive, by a later will or codicil that refers to the trust or by any other method showing clear and convincing evidence of intent. An agent under a power of attorney can revoke or amend only if expressly authorized. Assets avoid probate only if they are titled in the trust.
Ways to avoid probateNon-probate options include: transfer on death deeds for real estate, recorded before death (18-C M.R.S. §§ 6-406 to 6-409); joint and POD bank accounts, where sums pass to the surviving party or beneficiary (18-C M.R.S. § 6-212); securities registered in transfer-on-death (beneficiary) form (18-C M.R.S. § 6-302); a revocable living trust (18-B M.R.S. § 602); the small estate affidavit for personal property (18-C M.R.S. § 3-1201); and automatic transfer of a married resident's registered vehicle to the surviving spouse (29-A M.R.S. § 663).

Executors and heirs

Executor's dutiesWithin 30 days after appointment, the personal representative must inform the heirs and devisees of the appointment, including the representative's name and address, whether bond was filed and which court holds the file. Within 3 months after appointment, the representative must file with the court or mail to interested persons who request it an inventory listing property at fair market value as of the date of death, with encumbrances. The representative publishes notice to creditors, pays valid claims, and may close the estate with a verified closing statement filed no earlier than 6 months after appointment, once the creditor claim period has expired.
Letters testamentaryTo act for an estate, a personal representative must be appointed by order of the Probate Court or the register of probate (informal appointment), qualify, and be issued letters; administration begins when letters are issued. Before receiving letters, the representative files any required bond and a statement accepting the duties of the office. No bond is required in informal proceedings unless the will requires it or an interested person demands it.
Applications for informal probate and appointment are filed with the register of probate of the county Probate Court (18-C M.R.S. § 3-301).
Affidavit / determination of heirshipMaine has no affidavit-of-heirship statute for real estate. Heirs are determined by the Probate Court: a petition for formal probate of a will, or for adjudication of intestacy, asks the court to determine the heirs after notice and hearing, and a petition may request an order determining intestacy and heirs without appointing an administrator.
Transferring a car after deathWhen a married Maine resident dies, ownership of a vehicle registered in Maine passes to the surviving spouse unless a will says otherwise (and a lienholder consents); the spouse files an Application for Certificate of Title (MVT-2) and a notarized MVT-22, with no title fee if the vehicle was registered and titled in Maine. If no personal representative has been appointed, immediate heirs (children, parents or siblings) can title the vehicle by submitting the title, an MVT-2 ($33 fee), a notarized MVT-22 from each heir, a probate court statement that no will has been probated, and a transfer of ownership. A lost title is replaced with a Duplicate Title Application (MVT-8) in the deceased's name, fee waived. A lien release or lienholder consent (MVT-27) is needed for financed vehicles.
Surviving spouse instructions: https://www1.maine.gov/sos/sites/maine.gov.sos/files/inline-files/For%20Spouse.pdf. A $10 rush fee applies if rush service is requested.

Official Maine forms

Maine court self-help: probate and estates

Probate court and deed recording by county

Maine estate law FAQ

What makes a will valid in Maine?
An individual of sound mind who is 18 or older, or a legally emancipated minor, may make a will. A will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at the testator's direction), and signed by at least 2 witnesses, each within a reasonable time after seeing the testator sign or acknowledge the signature or the will. Any person generally competent to be a witness may witness; a will signed by an interested witness is still valid.
Is a handwritten will valid in Maine?
Yes. A will that does not meet the witnessed-will rules is valid as a holographic will, with or without witnesses, if the signature and the material portions of the document are in the testator's handwriting.
Does a will need to be notarized in Maine?
Yes. A will can be made self-proved when signed, or at any later time, by the testator's acknowledgment and the witnesses' affidavits made before a notary or other officer authorized to administer oaths, using the certificate wording set out in the statute.
Who inherits if someone dies without a will in Maine?
Surviving spouse: the entire estate if the deceased left no descendants or parents, or if all of the deceased's descendants are also the spouse's and the spouse has no other descendants. If no descendants but a parent survives, the spouse takes a set dollar amount plus 3/4 of the rest. If all descendants are shared but the spouse has other descendants, the spouse takes a set dollar amount plus 1/2 of the rest. If the deceased has descendants who are not the spouse's, the spouse takes 1/2. For deaths in 2026 the set amounts are $394,000 and $131,300 (the statute's $300,000 and $100,000, adjusted yearly for inflation). Whatever does not pass to the spouse goes to descendants; if none, to parents; if none, to brothers and sisters and their descendants; then to grandparents' families.
What is a surviving spouse entitled to in Maine?
The surviving spouse of a person who died living in Maine may elect to take 50% of the marital-property portion of the augmented estate (which includes probate property and many nonprobate transfers). The marital-property portion grows with the length of the marriage, from 3% for under one year to 100% after 15 years. Homestead allowance, exempt property and family allowance are added on top of the elective share.
What is the small estate limit in Maine?
Personal property can be collected by affidavit if the entire estate, less liens and encumbrances, is no more than $40,000 adjusted for inflation ($52,500 for deaths in 2026), at least 30 days have passed since death, and no personal representative has been applied for or appointed. The person entitled presents the affidavit to whoever holds the property (banks, transfer agents for securities). This procedure covers personal property only, not real estate.
Is there a simplified probate process in Maine?
If the inventory shows the estate is no larger than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical expenses, the personal representative may distribute the estate right away without notice to creditors and close it with a sworn closing statement. Maine also offers informal (non-hearing) probate and appointment through the register of probate.
How does probate work in Maine?
File an application for informal probate and appointment with the register of probate (or a petition for formal proceedings). Once appointed, the personal representative publishes a notice to creditors, files or mails an inventory within 3 months, pays valid claims and taxes, and distributes the estate. The estate may be closed by a sworn closing statement filed no earlier than 6 months after appointment, after the creditor claim period has ended.
How long do creditors have to file claims against an estate in Maine?
Creditors must present claims within 4 months after the first publication of the notice to creditors (published once a week for 2 weeks). A creditor mailed notice has until the later of 4 months after publication or 60 days after the mailing. In any case, claims arising before death are barred if not presented within 9 months after death.
Who can be an executor in Maine?
Priority for appointment as personal representative: a person named in the will, then a surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs, and (after 45 days) a creditor. Those with priority may nominate someone else. No bond is required in informal proceedings unless the will requires it or an interested person demands it; in formal proceedings the court may order bond unless the will waives it.
Does Maine allow transfer-on-death deeds?
Yes. Maine has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded before the owner's death in the registry of deeds for the county where the property is located. The owner needs the same mental capacity as for a will, and the deed can always be revoked.
What does a quitclaim deed need to be valid in Maine?
A deed must be acknowledged (notarized) by the grantor before a notary public, a Maine attorney, or another authorized officer before it can be recorded. It must be recorded in the registry of deeds for the county where the land lies to be effective against third parties. Most deeds must be accompanied by a declaration of value, and a real estate transfer tax of $2.20 per $500 of value is charged (split equally between grantor and grantee), with an extra $3.80 per $500 on value over $1,000,000.
What are the requirements for a power of attorney in Maine?
A power of attorney must be signed by the principal and acknowledged before a notary public or other person authorized to take acknowledgments; it is not valid otherwise. A durable power of attorney must contain the statutory notices to the principal and to the agent. A power of attorney is durable unless it says it ends when the principal becomes incapacitated.
What are the requirements for a health care directive in Maine?
An adult or emancipated minor with capacity may give health care instructions (orally to a provider, or in writing) and may sign a power of attorney for health care. The power of attorney for health care must be in writing and signed in person by the principal and 2 witnesses (not electronically). Unless the document says otherwise, the agent's authority starts when the principal is found to lack capacity.
Does Maine have an estate or inheritance tax?
Maine has a state estate tax. For deaths in 2026, the Maine exclusion amount is $7,160,000 (it was $7,000,000 for 2025). Tax on the excess is 8% to 12%. The exclusion is adjusted for inflation each year.
How do I make a living will in Maine?
Maine follows the Uniform Health Care Decisions Act. An adult or emancipated minor with capacity may give an 'individual instruction' about their own health care, including life-sustaining treatment and artificial nutrition and hydration. It may be oral (made to a health care provider or a person who could serve as surrogate) or written, and may be limited to take effect only if a specified condition arises. The statute includes an optional 'Advance Health Care Directive' form that covers instructions, naming an agent, organ donation and a primary physician; any other form may be used.
How do I make a medical power of attorney in Maine?
Maine calls it a 'power of attorney for health care.' It must be in writing and signed by the principal and two witnesses, all signing in person (not electronically). It stays in effect if the principal later loses capacity and may include individual instructions. Unless the document says otherwise, the agent's authority begins when the primary physician or a court determines the principal lacks capacity. An agent who is not a relative may not be an owner, operator or employee of a residential long-term care institution where the principal is receiving care. A designation of an agent can be revoked by a signed writing or by personally telling the supervising health care provider.
How do living trusts work in Maine?
Maine has adopted the Uniform Trust Code (Title 18-B, the Maine Uniform Trust Code). For trusts created under instruments signed on or after July 1, 2005, a trust is revocable unless its terms expressly make it irrevocable. The settlor may revoke or amend by the method in the trust or, if that method is not exclusive, by a later will or codicil that refers to the trust or by any other method showing clear and convincing evidence of intent. An agent under a power of attorney can revoke or amend only if expressly authorized. Assets avoid probate only if they are titled in the trust.
What does an executor have to do in Maine?
Within 30 days after appointment, the personal representative must inform the heirs and devisees of the appointment, including the representative's name and address, whether bond was filed and which court holds the file. Within 3 months after appointment, the representative must file with the court or mail to interested persons who request it an inventory listing property at fair market value as of the date of death, with encumbrances. The representative publishes notice to creditors, pays valid claims, and may close the estate with a verified closing statement filed no earlier than 6 months after appointment, once the creditor claim period has expired.
How do I get letters testamentary in Maine?
To act for an estate, a personal representative must be appointed by order of the Probate Court or the register of probate (informal appointment), qualify, and be issued letters; administration begins when letters are issued. Before receiving letters, the representative files any required bond and a statement accepting the duties of the office. No bond is required in informal proceedings unless the will requires it or an interested person demands it.
Does Maine have an affidavit of heirship?
Maine has no affidavit-of-heirship statute for real estate. Heirs are determined by the Probate Court: a petition for formal probate of a will, or for adjudication of intestacy, asks the court to determine the heirs after notice and hearing, and a petition may request an order determining intestacy and heirs without appointing an administrator.
How can you avoid probate in Maine?
Non-probate options include: transfer on death deeds for real estate, recorded before death (18-C M.R.S. §§ 6-406 to 6-409); joint and POD bank accounts, where sums pass to the surviving party or beneficiary (18-C M.R.S. § 6-212); securities registered in transfer-on-death (beneficiary) form (18-C M.R.S. § 6-302); a revocable living trust (18-B M.R.S. § 602); the small estate affidavit for personal property (18-C M.R.S. § 3-1201); and automatic transfer of a married resident's registered vehicle to the surviving spouse (29-A M.R.S. § 663).
Where can I get a power of attorney form in Maine?
A Maine power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction) and is not valid unless acknowledged before a notary public or other person authorized by law to take acknowledgments. A durable power of attorney is not valid unless it contains the "Notice to the Principal" and "Notice to the Agent" set out substantially in the statute (18-C M.R.S. 5-905). For health care, 18-C M.R.S. 5-805 provides an optional "Advance Health Care Directive" form, which must be signed and dated by you and signed by 2 other individuals as witnesses.
How do I search probate court records in Maine?
Maine Probate Courts are located in every county and are administered at the county-government level; each Probate Court manages its own records, so contact the Probate Court in the county where the estate was opened.
How do I transfer a car title after someone dies in Maine?
When a married Maine resident dies, ownership of a vehicle registered in Maine passes to the surviving spouse unless a will says otherwise (and a lienholder consents); the spouse files an Application for Certificate of Title (MVT-2) and a notarized MVT-22, with no title fee if the vehicle was registered and titled in Maine. If no personal representative has been appointed, immediate heirs (children, parents or siblings) can title the vehicle by submitting the title, an MVT-2 ($33 fee), a notarized MVT-22 from each heir, a probate court statement that no will has been probated, and a transfer of ownership. A lost title is replaced with a Duplicate Title Application (MVT-8) in the deceased's name, fee waived. A lien release or lienholder consent (MVT-27) is needed for financed vehicles.

Estate law in other states

More Maine law

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.