Settling an Estate in Maine
Reviewed by DocDraft Legal Team · Maine · Last updated August 27, 2026
Maine runs its estates through 16 separate county Probate Courts, and the judge and the register of probate in each county are elected by the voters of that county rather than appointed. The judges sit part time, an arrangement no other state uses in this form, so where an estate is filed determines not just the building but the sitting schedule. The governing law is the Maine Probate Code at Title 18-C of the Maine Revised Statutes, which replaced the older Title 18-A for deaths on or after September 1, 2019. Two features drive the calendar: 18-C MRSA 3-801 makes publication of the notice to creditors mandatory rather than optional and gives creditors 4 months from first publication, while 18-C MRSA 3-803 imposes an outer bar of 9 months after the date of death for claims that arose before the death. Maine also levies its own estate tax under Title 36, at an exclusion far below the federal one.
Find out where you stand in Maine
Where are you in settling the estate?
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Is probate required in Maine, and when can it be avoided?
Not always. Jointly held property, payable on death and transfer on death accounts, life insurance and retirement benefits with a living beneficiary, and trust assets bypass probate entirely. Maine also allows a successor to collect personal property by affidavit under 18-C MRSA 3-1201 once 30 days have passed since the death.
Which court handles probate in Maine?
Each of Maine's 16 counties has its own Probate Court, with a judge and a register of probate elected by county voters to four year terms. The judges serve part time, which is unusual nationally. The file sits with the register in the county where the decedent was domiciled.
What is the small estate affidavit limit in Maine?
18-C MRSA 3-1201 sets the figure at $40,000, but it is not static. Section 1-108 indexes it to the Consumer Price Index each year, and every county Probate Court must publish the current amount on its website. The affidavit reaches personal property only, never real estate.
How long does probate take in Maine?
Most Maine estates close in 9 to 15 months. Two clocks govern. 18-C MRSA 3-801 gives creditors 4 months from the first publication of notice, and 18-C MRSA 3-803 bars any claim arising before the death that is not presented within 9 months after the death itself.
Sixteen elected county Probate Courts, and a claim bar with two independent clocks
Maine's probate system is structurally unlike almost anywhere else in the country. There is no statewide probate division and no judicial branch office that hears estates. Instead each of the 16 counties operates its own Probate Court, and both the judge and the register of probate are chosen at the ballot box for four year terms. The judges sit part time and maintain private law practices alongside the bench, an arrangement Maine voters approved changing more than fifty years ago but which has never been replaced. The practical consequence for a family is scheduling: a contested matter waits on a part time docket in one county while the register in the next county over may process an uncontested appointment quickly. The substantive law is uniform statewide, however, and lives in Title 18-C of the Maine Revised Statutes, the Maine Probate Code that took effect for deaths on or after September 1, 2019 and displaced Title 18-A. The single most consequential Maine timing rule is that creditor exposure is capped by two separate provisions that run independently. 18-C MRSA 3-801 directs that a personal representative upon appointment shall publish a notice to creditors, once a week for 2 successive weeks in a newspaper of general circulation in the county of the decedent's domicile, requiring claims within 4 months after the date of first publication. That word shall matters, because in some Uniform Probate Code states publication is discretionary and an estate that never publishes never starts the clock. Maine closes that gap from the other end as well: 18-C MRSA 3-803 bars a claim that arose before the death unless it is presented within 9 months after the decedent's death, whether or not anyone ever published. So a Maine estate has both a 4 month publication bar and a 9 month absolute bar measured from death, and the earlier of the two controls. Maine's shortcut for small estates is the affidavit in 18-C MRSA 3-1201, available 30 days after death where the value of the entire estate wherever located, less liens and encumbrances, does not exceed $40,000 adjusted for inflation under 18-C MRSA 1-108. That section requires each county Probate Court to publish the current adjusted figure on its own website, so the number a family needs is the one posted by the county, not the number printed in the statute. The affidavit collects personal property and instruments evidencing a debt, obligation, stock or chose in action. It cannot move title to a house or a woodlot, so any estate holding Maine real estate needs an appointed personal representative. Maine is a common law property state rather than a community property state, and a disinherited surviving spouse elects under 18-C MRSA 2-202 to take 50% of the marital property portion of the augmented estate, with that marital property portion set by a schedule keyed to the length of the marriage. Maine is also one of the minority of states that still imposes its own estate tax, under Title 36 chapter 575, at an exclusion well below the federal figure.
Relevant Laws
Maine Probate Code, Title 18-C, Article 3 (Administration), inventory duty at 18-C MRSA 3-706
Title 18-C is Maine's current Probate Code, in force for deaths on or after September 1, 2019, replacing the former Title 18-A. Within Article 3, section 3-706 requires the personal representative within 3 months after appointment to prepare an inventory of property owned by the decedent, listing it with reasonable detail and indicating fair market value as of the date of death, and either to file it with the court or to mail it to interested persons who request it.
18-C MRSA 3-1201 (Collection of personal property by affidavit)
Thirty days after the death, a person holding property of the decedent must deliver it to a claiming successor presenting an affidavit stating that the value of the entire estate, wherever located, less liens and encumbrances, does not exceed $40,000 adjusted for inflation under section 1-108, that no personal representative has been appointed and no application is pending, and that the claimant is entitled to the property. The section reaches personal property or an instrument evidencing a debt, obligation, stock or chose in action. It does not transfer real property. Each county Probate Court publishes the current adjusted amount on its website.
18-C MRSA 3-803 (Limitations on presentation of claims)
Claims against a decedent's estate that arose before the death are barred unless presented within the earlier of 9 months after the decedent's death or the time limits set by section 3-801 for creditors given actual notice or barred by published notice. Section 3-801 separately requires the personal representative upon appointment to publish notice once a week for 2 successive weeks in a newspaper of general circulation in the county of domicile, requiring claims within 4 months after first publication, with a creditor given written notice having 4 months from publication or 60 days from mailing, whichever is later. Claims arising at or after the death have their own timetable.
36 MRSA 4103 (Maine estate tax on the estate of a resident)
Section 4103 imposes the Maine estate tax on the estate of a decedent dying domiciled in Maine, calculated by reference to the Maine exclusion amount defined in 36 MRSA 4102, which states a base of $5,600,000 for deaths in 2018 or later subject to inflation adjustment. Because the Maine exclusion sits well under the federal basic exclusion, a Maine estate can owe state tax while owing no federal tax at all.
Regional Variances
Maine probate track table
Personal property at or below the indexed ceiling, no real estate
Affidavit under 18-C MRSA 3-1201, presented to whoever holds the asset rather than filed with a court. Available 30 days after death. Measured as the value of the entire estate wherever located, less liens and encumbrances, against $40,000 as indexed under 18-C MRSA 1-108. Check the figure your county Probate Court has published for the year of death rather than the statutory base. Court: none, no appointment is made. Creditor window: no publication runs, but the 9 month bar in 18-C MRSA 3-803 still applies to pre death claims. Bond: none.
Estate value no greater than the allowances and expenses
Summary administrative procedure under 18-C MRSA 3-1203. There is no fixed dollar ceiling. The test is relative: if the inventory and appraisal show the value of the entire estate, less liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, costs of administration, funeral expenses and last illness medical and hospital expenses, the personal representative may immediately disburse and distribute without giving notice to creditors, then file a closing statement under 18-C MRSA 3-1204. Court: the county Probate Court, since a representative must first be appointed. Creditor window: no publication period runs.
Any estate holding Maine real estate, or above the affidavit ceiling
Full administration in the Probate Court of the county of domicile. The affidavit cannot pass title to land, so a house, camp or woodlot puts the estate here regardless of value. Court: county Probate Court, file held by the elected register. Creditor window: publication is mandatory under 18-C MRSA 3-801, 4 months from first publication, subject to the 9 month outer bar in 18-C MRSA 3-803. Inventory due within 3 months of appointment under 18-C MRSA 3-706. Bond: none is required of a personal representative appointed in informal proceedings under 18-C MRSA 3-603, except on the appointment of a special administrator, where the will contains an express requirement of bond, or where bond is required under 18-C MRSA 3-605.
Contested will, contested heirship, or a disputed appointment
Formal proceedings before the elected Probate Judge of the county rather than processing by the register. Because Maine's probate judges sit part time and each county keeps its own docket, the scheduling difference between an uncontested appointment handled at the counter and a contested matter set for hearing is larger in Maine than in states with a full time probate bench. Creditor and inventory deadlines are unchanged by the contest.
Maine deadlines and mechanics
Creditor claims run on two independent clocks
18-C MRSA 3-801 sets 4 months from the date of first publication, and a creditor given actual written notice gets 4 months from publication or 60 days from mailing, whichever is later. Separately, 18-C MRSA 3-803 bars a claim arising before the death unless presented within 9 months after the death. The earlier of the two governs, so an estate that publishes promptly can close its exposure well before the 9 month mark.
Publication is mandatory, not optional
18-C MRSA 3-801 provides that a personal representative upon appointment shall publish a notice to creditors, once a week for 2 successive weeks in a newspaper of general circulation in the county in which the decedent was domiciled. Skipping publication is not a way to save a fee in Maine, and it forfeits the shorter of the two claim bars.
The small estate figure moves every year
18-C MRSA 1-108 applies a Consumer Price Index adjustment to the dollar amounts in sections 2-102, 2-402, 2-403, 2-405 and 3-1201 for deaths after 2018, rounded to the next multiple of $100, and each county Probate Court must publish the adjusted 3-1201 value on its website. There is no single statewide figure to look up, because the adjustment is published county by county, so the operative ceiling comes from the Probate Court for the county where the decedent was domiciled. Use that court's posted amount for the year of death rather than the $40,000 printed in the statute, which has not been the operative number since indexing took effect.
Inventory
Due within 3 months after appointment under 18-C MRSA 3-706. The personal representative may either file it with the court or mail it to interested persons who request it, so Maine does not force estate valuations onto the public record in every case. Fair market value is measured as of the date of death, with liens and encumbrances indicated.
Spousal entitlement and the Maine estate tax
Maine is a common law property state. A surviving spouse elects under 18-C MRSA 2-202 to take 50% of the value of the marital property portion of the augmented estate, that portion being set by a schedule keyed to the length of the marriage. Separately, 36 MRSA 4103 imposes a Maine estate tax measured against the Maine exclusion amount in 36 MRSA 4102, whose base is $5,600,000 for deaths in 2018 or later subject to inflation adjustment and which is far below the federal exclusion.
Suggested Compliance Checklist
Fix the 9 month date from death and identify the county Probate Court
Immediately days after starting18-C MRSA 3-803 bars claims that arose before the death unless presented within 9 months after the death, and that date does not move if the estate is opened late. Calendar it first. At the same time, confirm the county of domicile, because Maine has 16 independent county Probate Courts and no central filing office, and the register in that county will hold the file.
Look up the county's published small estate figure and test the estate against it
Weeks 1-3 days after starting18-C MRSA 3-1201 prints $40,000, but 18-C MRSA 1-108 indexes the amount annually and requires each county Probate Court to publish the current adjusted value on its website. Pull the county's posted figure for the year of death, total the estate wherever located, subtract liens and encumbrances, and separately confirm the estate holds no real property, since the affidavit reaches personal property only.
Prepare the affidavit once 30 days have passed, if the estate qualifies
Day 30 or later days after starting18-C MRSA 3-1201 requires that 30 days have elapsed since the death, that no personal representative has been appointed and no application is pending, and that the value of the entire estate less liens and encumbrances sits within the indexed ceiling. The affidavit is presented to the party holding the asset, not filed with the court, and it will not transfer a house, camp or woodlot.
Publish the creditor notice twice and diary 4 months from first publication
Promptly after appointment days after starting18-C MRSA 3-801 requires the personal representative upon appointment to publish once a week for 2 successive weeks in a newspaper of general circulation in the county of domicile, requiring claims within 4 months after the first publication. Mail written notice to every creditor you know of, and record both the first publication date and each mailing date, since an actually notified creditor gets the later of 4 months from publication or 60 days from mailing.
Prepare the inventory within 3 months of appointment
Within 3 months of appointment days after starting18-C MRSA 3-706 requires an inventory of property owned by the decedent, in reasonable detail, with fair market value as of the date of death and the type and amount of any encumbrance. Decide whether to file it with the county Probate Court or mail it to interested persons who request it. Obtain appraisals for real estate, timberland and closely held business interests, since those valuations also drive any Maine estate tax filing.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Fix the 9 month date from death and identify the county Probate Court | 18-C MRSA 3-803 bars claims that arose before the death unless presented within 9 months after the death, and that date does not move if the estate is opened late. Calendar it first. At the same time, confirm the county of domicile, because Maine has 16 independent county Probate Courts and no central filing office, and the register in that county will hold the file. | - | Immediately |
| Look up the county's published small estate figure and test the estate against it | 18-C MRSA 3-1201 prints $40,000, but 18-C MRSA 1-108 indexes the amount annually and requires each county Probate Court to publish the current adjusted value on its website. Pull the county's posted figure for the year of death, total the estate wherever located, subtract liens and encumbrances, and separately confirm the estate holds no real property, since the affidavit reaches personal property only. | - | Weeks 1-3 |
| Prepare the affidavit once 30 days have passed, if the estate qualifies | 18-C MRSA 3-1201 requires that 30 days have elapsed since the death, that no personal representative has been appointed and no application is pending, and that the value of the entire estate less liens and encumbrances sits within the indexed ceiling. The affidavit is presented to the party holding the asset, not filed with the court, and it will not transfer a house, camp or woodlot. | small-estate-affidavit | Day 30 or later |
| Publish the creditor notice twice and diary 4 months from first publication | 18-C MRSA 3-801 requires the personal representative upon appointment to publish once a week for 2 successive weeks in a newspaper of general circulation in the county of domicile, requiring claims within 4 months after the first publication. Mail written notice to every creditor you know of, and record both the first publication date and each mailing date, since an actually notified creditor gets the later of 4 months from publication or 60 days from mailing. | - | Promptly after appointment |
| Prepare the inventory within 3 months of appointment | 18-C MRSA 3-706 requires an inventory of property owned by the decedent, in reasonable detail, with fair market value as of the date of death and the type and amount of any encumbrance. Decide whether to file it with the county Probate Court or mail it to interested persons who request it. Obtain appraisals for real estate, timberland and closely held business interests, since those valuations also drive any Maine estate tax filing. | asset-inventory | Within 3 months of appointment |
Frequently Asked Questions
Maine kept the county based system that most states abandoned. Each of the 16 counties elects both a Probate Judge and a register of probate to four year terms, and the judges sit part time while continuing in private practice. The substantive law in Title 18-C is identical statewide, so the effect is procedural rather than legal: hearing availability, local practice and turnaround time vary by county, and a contested matter can wait on a part time docket.
Yes, and this catches families who assume the federal exclusion is the only one that matters. Maine imposes an estate tax under Title 36 chapter 575, with the tax on a resident decedent's estate imposed by 36 MRSA 4103 by reference to the Maine exclusion amount defined in 36 MRSA 4102. The base figure in that definition is $5,600,000 for deaths in 2018 or later, adjusted for inflation, and the resulting Maine exclusion sits far below the federal basic exclusion. An estate can owe nothing federally and still owe Maine.
Yes. Neither of Maine's two claim bars protects anyone until it has actually run. A representative who distributes before the 18-C MRSA 3-801 period of 4 months from first publication has closed, and before the 18-C MRSA 3-803 outer bar of 9 months after death has passed, may have to satisfy a timely claim from personal funds. Money already spent by a beneficiary is rarely recoverable, so holding distribution is the cheapest protection available.
18-C MRSA 2-202 gives a surviving spouse of a decedent domiciled in Maine the right to elect an amount equal to 50% of the value of the marital property portion of the augmented estate. Maine is a common law property state, not a community property state, so nothing passes to the survivor automatically by ownership. The marital property portion is fixed by a schedule tied to the length of the marriage, and the election must be made affirmatively.
Maine real estate owned by a nonresident decedent still has to be dealt with under Maine law, because title to land is governed by the state where it sits. That normally means an ancillary proceeding in the Probate Court of the Maine county where the property is located, alongside the main administration in the home state. Seasonal camps, shorefront lots and inherited woodlots make this a common Maine scenario, and 18-C MRSA 3-1201 will not resolve it because the affidavit cannot transfer real property.
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