What Families Need to Know After a Death in Maine

Maine probate law follows its own state-specific code — based on, but not identical to, the Uniform Probate Code. Whether you are settling a small estate with a simple affidavit or navigating formal probate through the county Probate Court, understanding Maine's rules from the start saves time, reduces cost, and prevents costly mistakes. This guide covers the six areas where Maine law most affects what families need to do after a death.

Probate
Probate & Small Estate Rules in Maine

Maine probate is filed in the Probate Court of the county where the deceased lived. Maine has its own state-specific probate code, Title 18-A of the Maine Revised Statutes, which is based on — but not identical to — the Uniform Probate Code. Understanding where Maine diverges from the UPC matters for executors and attorneys working across state lines.

For smaller estates, Maine offers a small estate affidavit for personal property valued under $40,000, available 30 days after death (18-A MRSA § 3-1201). This lets an heir collect personal property — bank accounts, vehicles, tangible personal property — without opening a formal probate proceeding. Real property cannot use this path; any real estate in the estate requires at least informal probate.

For uncontested estates of any size, Maine allows informal probate, which proceeds through the Probate Court registrar without full judicial supervision. This is faster and less expensive than formal probate, which involves court hearings and is typically used when there is a dispute over the will, a creditor contest, or another complication requiring judicial oversight.

The creditor period in Maine runs for 9 months from the appointment of the personal representative, or 12 months from the date of death, whichever expires first. Creditors who miss this window generally lose their claim against the estate. Personal representatives should not distribute assets until this period has closed, or they may become personally liable for unpaid debts.

Maine State Estate Tax

Maine is one of a small number of states that imposes its own estate tax, separate from the federal estate tax. Maine taxes estates above $6.8 million (as of 2024), with graduated rates applied to the value above that threshold. Unlike the federal exemption, Maine's threshold is indexed for inflation, so confirm the current figure at the time of death when settling an estate. The Maine Revenue Services administers the state estate tax.

For most families, Maine's estate tax will not apply. But for estates with significant real estate, business interests, or investment portfolios, the Maine threshold is meaningfully lower than the federal exemption — planning with a Maine estate attorney before death can reduce or eliminate exposure.

Maine probate typically takes 9 to 18 months for an uncontested estate from opening to final distribution. Complex or contested estates can run longer.

Wills
Will Signing Requirements in Maine

A valid Maine will requires the signature of the testator — the person making the will — plus two adult witnesses, both of whom must sign in the testator's presence (18-A MRSA § 2-502). Notarization is not required for a standard witnessed will, though a self-proving affidavit can be attached to streamline admission to probate by eliminating the need for witnesses to testify later.

Maine also recognizes holographic wills — wills written entirely in the testator's own handwriting and signed, with no witnesses required — under the same statute. Holographic wills are legally valid in Maine and courts take them seriously, but they are more frequently challenged than properly witnessed wills. If you find a handwritten document that appears to be a will, present it to the Probate Court; do not discard it.

When someone dies without a valid will, intestate succession governs who inherits. Maine's intestate rules are set out in 18-A MRSA § 2-102. The surviving spouse, children, and more distant relatives inherit in a specific priority order. See the Spousal Rights section below for how the spouse's share is calculated when there are also descendants.

A will found after an estate has already been distributed can create significant legal complications. If a will exists, locate it and file it with the Probate Court promptly — Maine law requires that anyone in possession of a will present it to the court after learning of the testator's death.

Advance Directive
Maine Health Care Advance Directive

Maine uses a combined Health Care Advance Directive that serves two functions in a single document: it appoints a healthcare agent (the person who makes medical decisions if you cannot), and it declares your treatment preferences (such as whether you want life-sustaining treatment withheld in certain circumstances). The form is governed by 22 MRSA § 2921 et seq.

To be valid, the Maine Health Care Advance Directive must be signed by the principal and either two witnesses or a notary public. The witnesses cannot be: the named healthcare agent, the principal's healthcare provider or an employee of that provider, or anyone who would benefit financially from the principal's death. These restrictions exist to protect against undue influence when a person is vulnerable.

The agent's authority under the directive begins when the principal is determined to lack decision-making capacity and ends at death. After death, healthcare decisions are no longer relevant — the directive does not affect estate administration. If you are settling an estate and the deceased had a directive on file, it can be relevant to understanding end-of-life care decisions but does not control the distribution of assets.

Spousal Rights
Spousal Rights at Death in Maine

Maine is not a community property state. Each spouse owns their own property, and ownership does not automatically shift to the surviving spouse at death simply because they were married. This makes beneficiary designations, joint titling, and estate planning more important in Maine than in community property states.

Intestate Share of the Surviving Spouse

When someone dies without a will, Maine's intestate succession rules (18-A MRSA § 2-102) determine the surviving spouse's share:

• If the deceased had descendants (children, grandchildren): The surviving spouse takes the first $50,000 of the estate plus one-half of the remaining balance. The descendants share the other half.
• If the deceased had no descendants: The surviving spouse takes the entire estate.

Note that these shares apply only to the probate estate — assets that pass by beneficiary designation, joint tenancy with right of survivorship, or living trust are not divided under intestate rules.

Elective Share

Even when a will exists, a surviving spouse in Maine cannot be entirely disinherited. Under 18-A MRSA § 2-201, a surviving spouse may elect to receive one-third of the augmented estate rather than whatever the will provides. The augmented estate includes not just the probate estate but also certain assets transferred outside the will during the deceased's lifetime, making this a meaningful protection against deliberate disinheritance.

The elective share must be claimed within the statutory time period — it is not automatic. A surviving spouse who does not affirmatively elect within that window takes only what the will provides.

Homestead and Family Allowances

Maine law also provides a homestead allowance and a family allowance that give the surviving spouse (and minor children) priority claims against the estate before general creditors and beneficiaries are paid. These allowances are separate from the elective share and can provide meaningful financial protection in the months immediately after death while the estate is being administered.

For a full discussion of how to settle a Maine estate, see our guide on how to settle an estate.

Vehicle Transfer
Transferring a Vehicle After Death in Maine

Maine provides several paths to transfer a vehicle after a death, depending on the size of the estate and how title was held.

For estates that qualify, the small estate affidavit process can be used at the Maine Bureau of Motor Vehicles (BMV) to transfer a vehicle without opening probate, provided the total personal property in the estate is under $40,000 and at least 30 days have passed since the date of death. The heir presents the affidavit, the original title, and a certified death certificate to the BMV to complete the transfer.

For larger estates where formal or informal probate is opened, the personal representative uses Letters Testamentary (for a testate estate with a will) or Letters of Administration (for an intestate estate) to authorize the vehicle transfer through the BMV. The vehicle is treated as any other estate asset and transferred as part of the overall settlement.

If the vehicle was held with a joint survivorship title, it passes automatically to the surviving co-owner upon presentation of a death certificate — no probate or affidavit required. Similarly, vehicles held in a living trust transfer directly to the successor trustee after death without any court involvement, one of the practical advantages of trust-based estate planning in Maine.

Medicaid Recovery
MaineCare Estate Recovery in Maine

Maine's Medicaid program, known as MaineCare, is administered by the Department of Health and Human Services (DHHS). Maine has an estate recovery program that allows DHHS to seek reimbursement from a deceased beneficiary's estate for long-term care costs paid after age 55. This includes payments for nursing facility care, home and community-based waiver services, and related hospital and prescription drug services provided in connection with long-term care.

Maine's recovery is limited to the probate estate. Assets that pass outside probate — such as jointly held property, accounts with beneficiary designations (TOD, POD), assets in a living trust, or life insurance proceeds payable to a named beneficiary — are generally not subject to MaineCare recovery. This makes non-probate transfer planning particularly valuable for MaineCare recipients.

Recovery is waived in the following circumstances:

• A surviving spouse is living.
• A surviving minor child of the deceased is living.
• A surviving blind or disabled child of the deceased is living, regardless of age.

If none of these exemptions apply and the deceased received MaineCare long-term care benefits after age 55, personal representatives should notify DHHS before distributing assets. Distributing estate assets without satisfying a valid MaineCare recovery claim can expose the personal representative to personal liability. Contact the Maine DHHS Estate Recovery Unit early in the administration process to request a claim determination.

For a broader look at how Medicaid recovery works and how to navigate it, see our article on what is probate and the sidebar links to related guides.

Frequently Asked Questions About Maine Estate Law

What is Maine's small estate threshold?

Maine allows a small estate affidavit for personal property valued under $40,000, available 30 days after death under 18-A MRSA § 3-1201. Real property cannot use this affidavit path and must go through formal or informal probate, regardless of value.

Does Maine have a state estate tax?

Yes. Maine imposes a state estate tax on estates above $6.8 million (as of 2024), with graduated rates applied above that threshold. The threshold is indexed for inflation, so confirm the current figure when settling an estate. The federal estate tax exemption is separate and currently higher.

Are holographic wills valid in Maine?

Yes. Maine recognizes holographic wills — wills written entirely in the testator's own handwriting and signed — under 18-A MRSA § 2-502. No witnesses are required, but holographic wills are more frequently challenged in court than properly witnessed wills and should not substitute for a formally executed will when one can be prepared.

What is a surviving spouse's elective share in Maine?

Under 18-A MRSA § 2-201, a surviving spouse in Maine may elect to receive one-third of the augmented estate rather than whatever the will provides. This right must be exercised within the statutory time period — it does not apply automatically.

Does Maine recover Medicaid costs from an estate?

Yes. Maine MaineCare may seek recovery of long-term care costs paid after age 55 from the deceased's probate estate. Recovery is waived while a surviving spouse, minor child, or blind or disabled child is living. Non-probate assets are generally not subject to recovery.

How long does Maine probate take?

Maine probate typically takes 9 to 18 months for an uncontested estate. The creditor period runs 9 months from appointment of the personal representative or 12 months from the date of death, whichever expires first. Contested or complex estates can take considerably longer.