How Probate Works in Maine
The probate process in Maine: the court, the steps, simplified options, creditor deadlines and who can serve as executor.
Short answer: File an application for informal probate and appointment with the register of probate (or a petition for formal proceedings). 18-C M.R.S. §§ 3-301, 3-801, 3-706, 3-1003
| Probate steps | 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. Inventory: https://legislature.maine.gov/statutes/18-C/title18-Csec3-706.html; closing: https://legislature.maine.gov/statutes/18-C/title18-Csec3-1003.html |
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| Simplified probate | 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. 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). Source: 18-C M.R.S. §§ 3-1203, 3-301 |
| Deadline for creditor claims | 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. Notice rules: https://legislature.maine.gov/statutes/18-C/title18-Csec3-801.html Source: 18-C M.R.S. §§ 3-801, 3-803 |
| Who can be executor | 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. Bond: https://legislature.maine.gov/statutes/18-C/title18-Csec3-603.html. Source: 18-C M.R.S. §§ 3-203, 3-603 |
| 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. 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 Source: 18-C M.R.S. § 3-1201 |
| Finding probate court records | 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. Probate Court contacts: https://www.maineprobate.net/welcome/ |
Official forms
More Maine estate law
- Medical Power of Attorney in Maine
- Small Estate Affidavit in Maine
- Power of Attorney in Maine
- 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
- Living Wills and Advance Directives in Maine
- Revocable Living Trusts 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 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.
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 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.
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.
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.
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.