Maine
Estate law, probate process, and inheritance rules for Maine — in plain language.
$2,000–$4,000 on typical estates
Affidavit procedure under 18-A MRSA §3-1201
Rate: 8%–12% graduated
Elective share: 1/3 of augmented estate (graduated by marriage length under uniform act)
Spouse + descendants of marriage: spouse takes 100%. Spouse + other descendants: spouse takes first $100K + half of remainder.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Probate must be opened within 3 years of death
- ⏱Creditor claim period: 4 months after notice
- ⏱Inventory due within 3 months of appointment
- ⚠Maine has adopted the Uniform Probate Code — different terminology than non-UPC states
- ⚠Out-of-state real estate triggers ancillary probate elsewhere
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →Revocable trust if approaching state estate tax threshold
- →Designate Maine attorney for retired residents who maintain second homes elsewhere
- Title 18-A MRSA (Probate Code)
- 36 MRSA §4063 (Estate tax)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Maine.
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