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    Maine guide

    What to do when someone dies in Maine

    If you're settling an estate in Maine, probate runs through Probate Court — but the small estate affidavit only covers personal property under $40,000, and any real property at all requires formal probate. Maine also has its own estate tax for larger estates, and if the deceased was a public employee or teacher, MainePERS survivor benefits require a separate claims process.

    Content updated: October 2026

    What's unique in Maine

    State-specific rules that affect how an estate is handled here.

    Probate Court process

    Maine probate is handled by Probate Court in the county where the deceased lived. A small estate affidavit is available for estates under $40,000.

    Maine estate tax

    Maine has its own estate tax for estates over $7.16 million (2026 deaths). The tax is progressive. If the estate is near or above this threshold, review with a Maine estate attorney.

    Elective share rights

    A surviving spouse in Maine has elective share rights to a portion of the augmented estate. These rights must be exercised within a specific timeframe.

    State income tax and MainePERS

    Maine has its own income tax. A final state return must be filed. If the deceased was a state or local government employee, MainePERS survivor benefits need to be claimed separately.

    A glimpse at what Order covers in Maine

    These are just a few of the Maine-specific tasks Order surfaces automatically when you select your state.

    File for Maine probate in Probate CourtLegal & Estate

    Maine has a separate Probate Court in each county — file in the county where the deceased lived. Small estate affidavit for personal property under $40,000 with no real estate.

    Review Maine elective share rightsLegal & Estate

    Surviving spouse may claim a share of the augmented estate (including non-probate assets like retirement accounts) — must act within the required timeframe after the estate is opened.

    Review Maine estate tax obligationsFinancial Affairs

    Maine has its own estate tax with a threshold significantly lower than the federal exemption — file a separate return with Maine Revenue Services if the estate may be subject.

    Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.

    Official resources for Maine

    Maine Probate Courts (by county)File probate in the county Probate Court and obtain letters testamentaryMaine Revenue ServicesFile the state estate tax return and final state income tax returnMaine BMVTransfer vehicle titles to heirs using estate documentationMaine Public Employees Retirement System (MainePERS)Notify the pension and apply for any survivor benefit for public employeesMaine Bureau of Veterans ServicesApply for the Veterans Exemption for surviving spouses and burial eligibility at Maine Veterans Memorial Cemetery in Augusta

    What families commonly miss in Maine

    • Many Maine families assume that if no federal estate tax applies, there's nothing to file at the state level — but Maine has its own estate tax threshold, and missing the state return filed with Maine Revenue Services can result in penalties and interest.
    • Maine families who file in the wrong county or use outdated court forms — common mistakes given that each county Probate Court has its own practices — can face delays of weeks before realizing the error.
    • Families with property in multiple Maine counties often assume one probate proceeding covers it all — but real property located in a different county may require its own separate ancillary proceeding, turning one estate into multiple simultaneous filings.

    Deeper reading

    Probate: what families need to know

    Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Maine.

    Military families in Maine

    Maine has additional veteran & survivor benefits

    • Apply for Maine Veterans Exemption (surviving spouse)
    • Contact Maine Veterans Memorial Cemetery

    Maine-specific

    Start these Maine-specific tasks in Order

    These tasks appear automatically in your checklist when you select Maine as your state.

    File for Maine probate in Probate CourtLegal & Estate

    File in the county Probate Court.

    Review Maine elective share rightsLegal & Estate

    Surviving spouse entitled to one-third of augmented estate

    Transfer vehicle at Maine BMVLegal & Estate

    Submit title transfer to Bureau of Motor Vehicles

    Plus dozens more tasks added automatically for Maine families.

    Order walks your family through every step, for Maine and beyond.

    One-time purchase. Lifetime access. Unlimited family members. Everything your family needs, organized in one place.

    Covers all 50 states + DC · Jurisdiction-specific tasks added automatically

    See guides for other states

    Browse all 51 state guides Full guide: what to do when someone dies Back to home