Revocable Living Trusts in Maine
How revocable living trusts work under Maine law and the other ways to pass property without probate.
Short answer: 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. 18-B M.R.S. § 602
| Revocable living trust | 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. Source: 18-B M.R.S. § 602 |
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| Ways to avoid probate | 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). |
More Maine estate law
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- Small Estate Affidavit in Maine
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- Quitclaim Deeds and Transferring Property in Maine
- Who Inherits If You Die Without a Will in Maine
- How to Make a Valid Will in Maine
- How Probate Works in Maine
- Living Wills and Advance Directives in Maine
- Executor Duties in Maine
- Letters Testamentary in Maine
- Affidavit of Heirship in Maine
- How to Avoid Probate in Maine
- Transferring a Car After Someone Dies in Maine
- All Maine wills, probate and estate rules
FAQ
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.
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).
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.