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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationMaine

Probate in Maine

What Maine’s own law and courts say about probate, from how an estate comes before the court to when creditors must claim. Nothing on this page decides whether a particular estate needs probate. That question belongs to the court, or to an attorney in Maine.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

The free first-week checklist

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

What the Register of Probate has the power to do

The register has the power to probate wills, appoint personal representatives as provided in sections 3‑302 and 3‑307 and perform other duties set out in this Code.

Maine · general information · checked October 24, 2026 · 18-C M.R.S. §1-307

The register’s statement of informal probate, and the wait after the death

Upon receipt of an application requesting informal probate of a will, the register upon making the findings required by section 3-303 shall issue a written statement of informal probate if at least 120 hours have elapsed since the decedent's death.

Maine · general information · checked October 24, 2026 · 18-C M.R.S. §3-302

The probate judge’s power to grant letters, and which county’s court

Each judge may take the probate of wills and grant letters testamentary or of administration on the estates of all deceased persons who, at the time of their death, were inhabitants or residents of the judge's county…

Maine · general information · checked October 24, 2026 · 4 M.R.S. §251

How long after a death probate can still be started, subject to exceptions

An informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may not be commenced more than 3 years after the decedent's death, except:

Maine · general information · checked October 24, 2026 · 18-C M.R.S. §3-108(1)

The published notice to creditors, and how long they have after it

a personal representative upon appointment shall publish a notice to creditors announcing the appointment and the personal representative's address and notifying creditors of the estate to present their claims within 4 months after the date of the first publication of the notice or be forever barred.

Maine · general information · checked October 24, 2026 · 18-C M.R.S. §3-801(1)

The outer limit on claims, counted from the death

unless presented within the earlier of the following: A. Nine months after the decedent's death; or

Maine · general information · checked October 24, 2026 · 18-C M.R.S. §3-803(1)(A)

The court’s filing fees by size of estate, the certificate of appointment, and filing a will for no probate

$10,000 and under, the fee is $40;

More than $2,000,000, the fee is $1,200, and continuing in steps of $250 for every increase in value of $500,000 or part thereof above $2,500,000.

For each certificate, under seal of the court, of the appointment and qualification of a personal representative, guardian, conservator or trustee, the fee is $10

For filing a will for no probate, the fee is $15.

Maine · general information · checked October 24, 2026 · 18-C M.R.S. §1-602(2), (4)

What the person holding the will must do, and the penalty for refusing once the court orders it

After the death of a testator, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate or, if no such person is known, to an appropriate court for filing and recording until probate is sought.

A person who willfully refuses or fails to deliver a will, or who defaces or destroys it, after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.

Maine · general information · checked October 24, 2026 · 18-C M.R.S. §2-515

The end of new will deposits, and what happens to a will deposited before then

The court may not accept a will for safekeeping after September 19, 1997.

A will deposited for safekeeping with the court in the office of the register before September 19, 1997 may be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will.

Upon being informed of the testator's death, the court shall notify any person designated to receive the will and deliver it to that designated person on request

Maine · general information · checked October 24, 2026 · 18-C M.R.S. §2-514

The same page for other states

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FAQ

Common questions

The register has the power to probate wills, appoint personal representatives as provided in sections 3‑302 and 3‑307 and perform other duties set out in this Code.

Maine · general information · checked October 24, 2026 · 18-C M.R.S. §1-307

Applications for informal probate or informal appointment must be directed to the register

Maine · general information · checked October 24, 2026 · 18-C M.R.S. §3-301(1)

Upon receipt of an application requesting informal probate of a will, the register upon making the findings required by section 3-303 shall issue a written statement of informal probate if at least 120 hours have elapsed since the decedent's death.

Maine · general information · checked October 24, 2026 · 18-C M.R.S. §3-302

An informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may not be commenced more than 3 years after the decedent's death, except:

Maine · general information · checked October 24, 2026 · 18-C M.R.S. §3-108(1)

$10,000 and under, the fee is $40;

More than $2,000,000, the fee is $1,200, and continuing in steps of $250 for every increase in value of $500,000 or part thereof above $2,500,000.

For each certificate, under seal of the court, of the appointment and qualification of a personal representative, guardian, conservator or trustee, the fee is $10

For filing a will for no probate, the fee is $15.

Maine · general information · checked October 24, 2026 · 18-C M.R.S. §1-602(2), (4)

a personal representative upon appointment shall publish a notice to creditors announcing the appointment and the personal representative's address and notifying creditors of the estate to present their claims within 4 months after the date of the first publication of the notice or be forever barred.

Maine · general information · checked October 24, 2026 · 18-C M.R.S. §3-801(1)

unless presented within the earlier of the following: A. Nine months after the decedent's death; or

Maine · general information · checked October 24, 2026 · 18-C M.R.S. §3-803(1)(A)

The court may not accept a will for safekeeping after September 19, 1997.

A will deposited for safekeeping with the court in the office of the register before September 19, 1997 may be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will.

Upon being informed of the testator's death, the court shall notify any person designated to receive the will and deliver it to that designated person on request

Maine · general information · checked October 24, 2026 · 18-C M.R.S. §2-514

For anyone who would rather their family found it all in one place than went looking.

A couple. A parent. An adult child and a parent, doing it together. One sitting starts it; keep it current, and tell someone where it is.

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