How Probate Works in Maine

Does Maine require probate?

Not always. Maine adopted the Uniform Probate Code (UPC), which streamlines the process. Estates under $40,000 (less liens and encumbrances) can use a small estate affidavit to skip probate entirely.

For larger estates, Maine offers informal probate that moves most uncontested cases through the system without a hearing.

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What court handles probate in Maine?

Probate in Maine is handled by the Probate Court in the county where the deceased person lived. Unlike many states that route probate through a general-jurisdiction court, Maine has dedicated Probate Courts in each of its 16 counties. Each court has its own elected Probate Judge.

The Probate Court handles wills, estate administration, guardianships, conservatorships, and name changes. For contested matters that exceed the Probate Court's authority, cases may be transferred to the Superior Court.

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Small estate threshold

Estates valued at $40,000 or less (less liens and encumbrances) can use a small estate affidavit to collect assets without probate (Maine Revised Statutes Title 18-C, § 3-1201).

Requirements:

• At least 30 days must have passed since the date of death.
• No probate proceeding has been filed or is pending.
• The estate value, less liens and encumbrances, does not exceed $40,000.
• The person filing the affidavit is entitled to the property under the will or intestate law.

This threshold is adjusted annually for inflation, so check the current amount with the Probate Court at the time of filing.

The affidavit can be presented to banks and other holders of the deceased's property. Real estate cannot be transferred by affidavit.

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Simplified probate options

Maine's adoption of the Uniform Probate Code provides two main probate tracks:

Informal probate. The standard path for uncontested estates. A personal representative files an application with the Probate Court registrar, and the appointment happens without a hearing. The personal representative manages the estate with minimal court oversight.

Formal probate. Used for contested situations, will disputes, or when the court determines closer oversight is needed. Formal probate requires a court hearing.

Supervised administration. Available in rare cases where the court orders full oversight of every estate action. This is uncommon.

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What if there is no will?

When someone dies without a will in Maine, the estate follows the state's intestate succession laws (Maine Revised Statutes Title 18-C, § 2-101 et seq.).

If the deceased was married:

• Spouse, no descendants (or all descendants are also the surviving spouse's descendants). The surviving spouse inherits the entire estate.
• Spouse and descendants from a prior relationship. The surviving spouse receives the first $150,000 of the estate plus 50% of the balance. The remaining portion goes to the deceased's descendants.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

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What makes Maine different?

Dedicated Probate Courts

Maine is one of the few states with dedicated Probate Courts in every county. Each court has an elected judge who specializes in estate matters. This specialization often means smoother processing and more consistent procedures compared to states where probate is handled by general-jurisdiction courts.

Inflation-adjusted threshold

Maine's small estate threshold is tied to inflation and adjusts annually. At the time of writing, it is $40,000, but check with the Probate Court for the current figure. Most states set a fixed dollar amount by statute and change it only through legislation.

County-level variation

While all 16 counties follow the same UPC-based procedures, processing times and local practices can vary. Rural counties may have limited court hours but often process cases faster due to lower volume.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

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