Maine Probate Court

Probate is the legal process that deals with a deceased person's estate. It entails confirming a will, settling debts, and allocating assets to heirs. While all states in the US have a probate process, each has its unique regulations and structures. Unlike many other jurisdictions, Maine's probate system is managed by county-level Probate Courts rather than state District or Superior Courts. This court also handles guardianships, name changes, and a few other family-related issues. To reduce expenses and delays, the state also offers smaller estates simplified procedures.

How the Probate Process Works in Maine

In Maine, the process of probate starts when a petition is submitted to the Probate Court in the county where the deceased (known as the decedent) lived. If the deceased left a will, the executor (also known as a personal representative) is chosen by the court after verification. In the absence of a will, an administrator is selected by the court, following Maine's intestacy laws.

The duties of the personal representative include informing creditors and heirs, creating an asset list, paying taxes and bills, and allocating property to beneficiaries. Both formal and informal probate are permitted in Maine. Formal probate is court-supervised and necessary when disagreements occur, while informal probate is expedited and managed by a registrar when uncontested. The resolution of most simple estates takes six months to a year, but disputed cases might take longer.

What Are the Costs of Probate in Maine?

In Maine, court fees & filing fees, publishing and sending notices to creditors, executor compensation, and attorney fees all make up probate costs. The court fees go anywhere from $50 to $200, and the fees depend on the county. The executor is compensated fairly, and the court has to approve the fee. An attorney may charge an hourly rate or a flat fee depending on the complexity of the estate. The costs associated with small estates are typically low expenditures; however, a case involving a contested estate could easily run into thousands of dollars in expenses.

Types of Probate Cases in Maine

Maine recognizes several categories of probate cases, including the following:

• Testate Probate: When the decedent left a valid will.
• Intestate Probate: When no will exists, and distribution follows Maine intestacy laws.
• Informal Probate: A simplified procedure for uncontested cases.
• Formal Probate: Court-supervised process for contested or complex cases.
• Small Estate Affidavit: Available for estates valued at $40,000 or less, allowing heirs to transfer property without full probate.

Maine Probate Court Forms and Filing Instructions

The state’sprobate forms are available through the Maine Judicial Branch website and county probate courts. Common filings include petitions for probate, inventories, accountings, and small estate affidavits. Because filing requirements may differ among counties, petitioners should check with their local probate court.

How Maine Probate Courts Work at the County Level

Probate cases in Maine are heard by the Probate Courts of each of the state’s 16 counties. Each court is presided over by an elected probate judge and administered by a registrar. While statewide statutes govern probate, counties differ in procedures, fees, and record access.

Here are the top 10 counties by population in Maine and their probate courts:

1. Cumberland County Probate Court (Portland) – Cumberland County has the largest caseload, with online access. The court allows the public to view its docket at no charge.
2. York County Probate Court (Alfred) – York County Probate Court provides a simplified filing process for informal probate. It houses original records dating back to 1687.
3. Penobscot County Probate Court (Bangor) – Penobscot County Probate Court has detailed probate recordkeeping. It has a law library that offers access to a comprehensive electronic research service.
4. Kennebec County Probate Court (Augusta) – The Probate Court in Augusta provides strong support for small estate affidavits. Its fee schedules are easily accessible.
5. Androscoggin County Probate Court (Auburn) – Androscoggin County handles hearing schedules efficiently. The court hears probate cases twice a month.
6. Aroostook County Probate Court (Houlton/Caribou) – This probate court covers a wide geographic area, including Houlton and Caribou, with smaller caseloads. Aroostook County Probate Court provides yearly court calendars to the public.
7. Oxford County Probate Court (South Paris) – Oxford Probate Court provides user-friendly filing resources. The court meets on the second and fourth Wednesday of each month.
8. Somerset County Probate Court (Skowhegan) – Somerset County Court in Skowhegan renders practical probate guidance for families. It also provides assistive services to the public.
9. Knox County Probate Court (Rockland) – This court in Rockland provides streamlined access to probate forms. Knox County Probate Court holds records reaching back to 1860.
10. Hancock County Probate Court (Ellsworth) – Hancock County Probate Court is known for providing clear instructions for self-represented litigants. Hancock also renders assistive services to the public.

How to Search Probate Records in Maine

Probate records in Maine are generally public, except in cases where they are sealed by court order. Records include wills, inventories, petitions, executor details, creditor claims, and final settlements. Many counties provide online access through the re:Search Maine platform, though smaller counties may require in-person searches. Certified copies can be obtained directly from the county probate registrar for a fee.