How much does probate cost in Maine?

The short answer

Maine does not set probate fees by statute. Costs depend on the attorney’s billing arrangement, the type of administration, and the size and complexity of the estate. Here’s what to expect, and the ways many families avoid full probate entirely.

Attorney fees

Not statutory. Maine attorneys charge a flat fee or an hourly rate; the estate pays fees as a reasonable administrative expense.

Executor / personal representative fees

Under 18-C M.R.S. §3-719 the personal representative is entitled to reasonable compensation (no fixed percentage); family representatives frequently waive it.

What the fee is based on

Maine's adoption of the Uniform Probate Code means most estates qualify for informal probate with limited court supervision, which keeps costs low compared with fee-schedule states like California.

Appraisal / probate referee

Not used. Maine does not appoint a state appraiser; the personal representative prepares an inventory and hires appraisers only as needed.

How long probate takes in Maine

We found no published source for how long probate takes in Maine as of September 2026. No Maine court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: Four months after the date of the first publication of the notice to creditors, which the personal representative must publish on appointment, once a week for 2 successive weeks (18-C M.R.S. §3-801(1)). A creditor given written notice by mail or other delivery has the later of that four months or 60 days after the mailing or delivery (§3-801(2)). Claims arising before death are barred at the earlier of nine months after the decedent's death or the applicable §3-801 period (§3-803(1)) — the nine months is a cap that applies whether or not notice was published, not only a fallback where it was not.

Creditor claim period

Four months after the date of the first publication of the notice to creditors, which the personal representative must publish on appointment, once a week for 2 successive weeks (18-C M.R.S. §3-801(1)). A creditor given written notice by mail or other delivery has the later of that four months or 60 days after the mailing or delivery (§3-801(2)). Claims arising before death are barred at the earlier of nine months after the decedent's death or the applicable §3-801 period (§3-803(1)) — the nine months is a cap that applies whether or not notice was published, not only a fallback where it was not. In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.

How to skip full probate (or shrink the bill)

• Small-estate procedure. 18-C M.R.S. §3-1201(1)(A) sets the affidavit threshold at $40,000, "adjusted for inflation pursuant to section 1-108" (as amended by PL 2025, c. 76, §1). The figure in force in any year is therefore the §1-108 adjusted amount rather than the $40,000 in the text. §3-1201(1)(B) requires thirty days to have elapsed since the death.
• Transfer-on-death deed. Maine DOES authorize a transfer-on-death deed for real estate under the Maine Uniform Real Property Transfer on Death Act, 18-C M.R.S. §6-401 et seq. An owner can record a TOD deed naming a beneficiary; the property passes outside probate at death, and the deed can be revoked anytime before death.
• A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
• Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
• Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.

Whether representation is required in Maine

Maine does not require an estate to be represented by counsel in every proceeding; the court’s self-help materials set out where a personal representative may file without an attorney. Full probate carries formal filing requirements and statutory deadlines, and estates qualifying for a small-estate or summary procedure follow a shorter track with lower filing costs. Legal document preparers operate in some states at a flat fee, subject to state rules on unauthorised practice.

What the record shows

Probate cost in Maine is the sum of separately-set components: statutory or court-approved attorney fees, executor commissions, court filing fees, and appraisal costs. Each is documented above with its citation.

Assets that pass outside probate — by beneficiary designation, joint ownership with survivorship, transfer-on-death instrument, or a funded living trust — are not part of the estate these fees are calculated on. Maine’s small-estate threshold, above, determines which estates can use the simplified procedure.

Frequently asked questions about probate cost in Maine

How much does probate cost in Maine?

Maine follows the Uniform Probate Code and does not set attorney fees by statute; most estates use informal probate, and the court filing fee is charged on a sliding scale based on estate value. The personal representative is entitled to reasonable compensation. We found no published source for what probate costs in total in Maine as of September 2026; the ranges that are published come from law firms and from sites paid to refer customers to them.

What is the small-estate limit in Maine?

18-C M.R.S. §3-1201(1)(A) sets the affidavit threshold at $40,000, "adjusted for inflation pursuant to section 1-108" (as amended by PL 2025, c. 76, §1). The figure in force in any year is therefore the §1-108 adjusted amount rather than the $40,000 in the text. §3-1201(1)(B) requires thirty days to have elapsed since the death.

Who pays the probate costs in Maine?

The estate does. Attorney fees, the executor’s commission, court filing fees, and any appraisal costs are all paid out of the estate’s assets before anything is distributed to the beneficiaries — so in practice the heirs bear the cost through a smaller inheritance rather than paying out of pocket.

Can you avoid probate costs in Maine?

Maine's TOD deed (18-C M.R.S. §6-405), beneficiary designations, and joint ownership handle most probate avoidance without a trust. Maine also levies a state estate tax. The Maine exclusion amount is $5,600,000 for decedents dying on or after January 1, 2018 (36 M.R.S. §4102(5)), multiplied each year by a cost-of-living adjustment — the Chained CPI for the 12 months ending June 30 of the preceding year over the same index for the 12 months ending June 30, 2017, rounded to the nearest $10,000 — which the assessor sets on or about September 15 for the following calendar year (36 M.R.S. §4119). The figure in force in any year is that adjusted amount rather than the $5,600,000 in the text.

How long does probate take in Maine?

We found no published source for how long probate takes in Maine as of September 2026. No Maine court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: Four months after the date of the first publication of the notice to creditors, which the personal representative must publish on appointment, once a week for 2 successive weeks (18-C M.R.S. §3-801(1)). A creditor given written notice by mail or other delivery has the later of that four months or 60 days after the mailing or delivery (§3-801(2)). Claims arising before death are barred at the earlier of nine months after the decedent's death or the applicable §3-801 period (§3-803(1)) — the nine months is a cap that applies whether or not notice was published, not only a fallback where it was not. The deadlines that run alongside it: How Long Does Probate Take in Maine?.

Related reading

• What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.

• How to Avoid Probate in Maine — the state-specific avoidance playbook.

• Executor Deadlines in Maine — the statutory dates the executor works to, quoted from Me. Rev. Stat. tit. 18-C, §3-801.

• How Long Does Probate Take in Maine? — the companion timeline guide for Maine.

• Will vs. Trust: How They Differ — the documented differences between the two instruments.

• Estate Planning Checklist: Everything in One Place — the documents and decisions that determine what passes through probate.

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This page explains Maine probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Maine courts or a licensed Maine attorney. Sources: 18-C M.R.S. §3-719, 18-C M.R.S. §3-1201, 18-C M.R.S. §3-803, 18-C M.R.S. §6-405, 18-C M.R.S. §6-401.