Probate in Maine: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

In Maine, family can collect property by small estate affidavit 30 days after death if the whole estate is $52,500 or less for 2026 deaths. Larger estates go through informal or formal probate. Maine allows transfer-on-death deeds, and it has an estate tax on estates over $7.16 million in 2026.

When someone dies in Maine, the family's first question is practical. Do we have to go to court?

Often the court part is lighter than people fear. Maine has a small estate affidavit, a simple informal probate, and a deed that passes a house without court. It is one of our estate planning guides by state. If the word is new, start with what probate is.

One thing to know first: Maine adjusts several probate dollar amounts for inflation each year, based on the year of death. The statute's printed numbers are older base figures. This page uses the 2026 amounts published by the Maine Probate Courts (Maine Probate Courts, cost-of-living adjustments.pdf)).

Can my family use a small estate affidavit in Maine?

Yes, if the estate fits (18-C M.R.S. 3-1201).

Rule	What Maine requires
Value limit	The entire estate, wherever located, less liens, is $52,500 or less for deaths in 2026 ($51,100 for 2025)
What counts toward the limit	Everything, including real estate
What the affidavit collects	Personal property only: bank accounts, money owed, securities
Earliest you can use it	30 days after death
Other conditions	No personal representative application pending or granted anywhere, and the person signing is entitled to the property

A bank that pays on the affidavit is released, and a refusal can be taken to court (18-C M.R.S. 3-1202).

Note the catch: a house counts toward the limit, even though the affidavit can't transfer it. Most estates with a home won't qualify unless the house passes another way, such as a transfer-on-death deed.

Summary administration

If the whole estate, less liens, is no more than the family allowances, administration costs, funeral costs and last-illness medical bills, the personal representative can distribute right away, without notice to creditors, and close with a sworn statement (18-C M.R.S. 3-1203, 3-1204).

Who inherits if there's no will?

Maine is not a community property state. Without a will, a surviving spouse's share depends on who else survives (18-C M.R.S. 2-102). The dollar amounts below are the 2026 figures.

Who survives	Surviving spouse's share
No children or other descendants, and no parent	Everything
All descendants are also the spouse's, and the spouse has no other descendants	Everything
No descendants, but a parent survives	The first $394,000, plus three-fourths of the rest
All descendants are the spouse's, but the spouse has children from another relationship	The first $131,300, plus half of the rest
Descendants who aren't the spouse's	Half

Anything that doesn't go to a spouse passes in this order (18-C M.R.S. 2-103):

Your descendants.
Your parents, equally, or the surviving parent.
Your parents' descendants: brothers, sisters, nieces and nephews.
Half to your father's side and half to your mother's side: grandparents or their descendants.
Great-grandparents or their descendants.
Descendants of a spouse who died before you.

Friends never appear on this list. A friend or a charity inherits only through a will or trust. Our post on dying without a will covers what happens when the list runs short.

Who serves as personal representative?

Maine calls the executor a "personal representative." If more than one person wants the job, the law sets the order (18-C M.R.S. 3-203):

The person named in a probated will.
A surviving spouse who inherits under the will.
Other people who inherit under the will.
The surviving spouse.
Other heirs.
Any creditor, 45 days after death.
The State Tax Assessor, six months after death, if nobody has been appointed.

People in groups 2 through 5 may nominate someone else. A personal representative is a fiduciary: legally required to act in the estate's interest and follow what the will says.

Can someone out of state serve?

Yes. Maine's statute lists no residency requirement. A personal representative must be 18 or older and not found unsuitable by the court. By accepting the job, they agree to the Maine court's authority over them (18-C M.R.S. 3-602).

A bond isn't required in informal probate unless the will requires one or an interested person asks for it (18-C M.R.S. 3-603).

Informal or formal probate?

Maine follows the Uniform Probate Code model, with two paths (18-C M.R.S. 3-301).

Informal probate is an application to the register of probate, without a hearing. Formal probate goes before a judge, usually for disputes. Most families start with informal probate.

Probate generally must start within three years after death, with some exceptions (18-C M.R.S. 3-108). Our post on the probate process walks through the steps.

How long do creditors have?

The personal representative publishes a notice once a week for two weeks in a row. Creditors then have four months after the first publication to come forward (18-C M.R.S. 3-801).

A creditor who gets a mailed notice has the later of four months after publication or 60 days after the mailing. Debts from before death are barred in any case nine months after death if never presented (18-C M.R.S. 3-803). MaineCare has its own timing rule for repayment of care costs.

How much is the personal representative paid?

Maine says "reasonable compensation," with no percentage schedule (18-C M.R.S. 3-719). If the will sets a fee, the personal representative may turn it down before taking the job and ask for reasonable compensation instead. Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Yes, with a transfer-on-death deed (18-C M.R.S. 6-409).

It needs the same formalities as any recordable deed and must say the transfer happens at your death.
It must be recorded in the county registry of deeds before your death (18-C M.R.S. 6-410).
The beneficiary doesn't have to be told, sign, or pay anything.
The statute includes an optional sample form.

A living trust is the other common way to keep a home out of court. In Maine, a trust is revocable unless it says it is irrevocable (18-B M.R.S. 602). Our posts on what a trustee does and how to avoid probate compare the options.

Will my heirs owe Maine estate tax?

Only if the estate is large. Maine has its own estate tax, with a 2026 exclusion of $7,160,000, far below the federal exemption (Maine Revenue Services).

The tax on the Maine taxable estate above the exclusion is 8% up to $10,160,000, then 10% up to $13,160,000, then 12% above that. Estates in Maine probate may need to file a return even when no tax is owed (Maine Revenue Services Estate Tax FAQ).

Which path fits?

Situation (2026 death)	Likely path
Whole estate $52,500 or less, no house	Small estate affidavit after 30 days
Estate no larger than allowances, funeral and last-illness costs	Summary administration
House with a recorded transfer-on-death deed	House passes outside probate
Larger estate, no disputes	Informal probate with the register
Disputes or unclear will	Formal probate before a judge

Here is a typical case, a composite. Margaret, 77, lived in Augusta and never married. Her house had a recorded transfer-on-death deed naming her niece. Her niece used informal probate for the bank accounts and the house passed under the deed.

Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it settles the estate, that work is charged by the hour, and you see the rates first.

Before death, the papers that matter most are your powers of attorney. See our Maine financial power of attorney guide and Maine medical power of attorney guide.

Common questions

What is the small estate limit in Maine?

For deaths in 2026, the entire estate, less liens, must be $52,500 or less, and the family must wait 30 days after death. Real estate counts toward the limit, though the affidavit collects only personal property.

Does a surviving spouse inherit everything in Maine?

Only in some cases: when there are no descendants and no parent, or when all descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse takes a set amount plus a fraction, or half.

Can someone who lives in another state be a personal representative in Maine?

Yes. Maine's statute lists no residency requirement. The personal representative must be at least 18 and agrees to the Maine court's authority by accepting the job.

Does Maine have an estate tax?

Yes. For deaths in 2026, Maine taxes estates above $7,160,000, at rates from 8% to 12%. Smaller estates owe nothing but may still need to file a return.

How long do creditors have in Maine probate?

Four months after the first published notice. Debts from before death are barred nine months after death if never presented.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in Maine: the rules, signing and who to namePower of attorney in Maine is durable by default, must be notarized and include two statutory notices, and banks must accept it on a deadline. Here's how.State guidesMedical power of attorney in Maine: how it works, how to signMedical power of attorney in Maine: sign it before two witnesses, no notary, plus your written wishes and who decides for you if you never name anyone.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.