Hiring a Wills, Trusts or Probate Lawyer in Maine
What Maine requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Maine: fee rules
| Rules on contingency fees | A contingent fee agreement must be in a writing signed by the client stating how the fee is figured, including percentages on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, whether expenses come out before or after the fee is calculated, and any expenses the client owes whether or not they win; at the end, the lawyer gives a written statement of the outcome and the client's share. Maine bans contingent fees in any initial action for divorce, annulment, judicial separation, paternity or parentage, parental rights and responsibilities, emancipation, grandparent visitation, guardianship or child support (and post-judgment proceedings to change those orders), contingent fees for criminal defendants, and probate estate administration fees based on a percentage of the estate. For actions for professional negligence covered by 24 M.R.S. Sec. 2961, the total contingent fee (excluding litigation expenses) may not exceed 33 1/3% of the first $100,000 recovered, 25% of the next $100,000, and 20% of any amount over $200,000, unless a court approves a higher fee on petition. Statute: https://www.mainelegislature.org/legis/statutes/24/title24sec2961.html |
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| If you disagree with a lawyer's bill | The Board of Overseers of the Bar runs a free fee arbitration program for clients (or, with the client's written consent, others) disputing fees charged by a lawyer admitted in Maine, after a good-faith effort to resolve it with the lawyer. If the lawyer fails without good cause to reply within 30 days, the panel may still decide the matter. The award is binding on both sides, and by filing the petitioner gives up the right to sue over the disputed fees; awards are enforceable under the Uniform Arbitration Act. Decisions generally issue within 20 days after the hearing, and any ordered refund is due within 30 days. |
| If a lawyer takes your money | Maine's Lawyers' Fund for Client Protection may reimburse clients for losses caused by an attorney's dishonest conduct, such as misusing client funds or taking money for the attorney's own benefit; legal malpractice is not covered. Contact: P.O. Box 527, Augusta, ME 04332-0527; 207-623-7801. |
Maine rules to know first
| Requirements for a valid will | 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. 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 |
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| 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 |
| How probate works | 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 |
Find and check a lawyer
| Lawyer referral service | The Maine State Bar Association Lawyer Referral Service provides "up to 30 minutes' consult with a qualified, local lawyer for $35"; after that consultation, you and the lawyer agree on a fee or rate for further work. |
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| Check that the lawyer is licensed | The Maine Board of Overseers of the Bar's online Attorney Directory lists attorneys admitted to practice in Maine as of the previous day. Search by name, city, state, ZIP, county or six-digit bar number. The Board notes that being listed does not necessarily mean an attorney is in good standing or currently permitted to practice; to check public discipline records, call the Board at (207) 623-1121. |
| Check discipline history or file a complaint | Grievance complaints about Maine lawyers go to the Board of Overseers of the Bar. They must be in writing and signed, using the online form, PDF form or a letter with a detailed summary and relevant documents. Mail: Board of Overseers of the Bar, 97 Winthrop Street, P.O. Box 527, Augusta, ME 04332-0527; phone (207) 623-1121; board@mebaroverseers.org. There is no cost. Central Intake reviews it, Bar Counsel investigates and the lawyer must respond in writing; a Review Panel then dismisses, dismisses with a warning or refers it for a public hearing (the first phase usually takes 90 to 120 days). You may request review of a dismissal within 14 days. Final public discipline is published on the Board's website. |
Free legal help
| Free legal aid | The Maine Judicial Branch lists free civil legal aid providers: Pine Tree Legal Assistance (the state's LSC-funded legal aid organization, for low-income people; ptla.org), Volunteer Lawyers Project, (800) 442-4293; Maine Equal Justice Partners, (866) 626-7059; Immigrant Legal Advocacy Project, (800) 497-8505; Legal Services for Maine Elders, (800) 750-5353 (people 60 or older); Disability Rights Maine, (800) 452-1948; and the clinics at Maine Law, (207) 780-4370 or toll-free (877) 780-2522. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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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.