How probate costs work in Maine
Maine adopted the Uniform Probate Code as Title 18-C, effective July 1, 2019, replacing the prior Title 18-A. Most estates use informal probate through the county Probate Court registrar. Both the personal representative fee and the attorney fee are reasonable, unscheduled amounts. Separately, and unlike most states in this series, Maine levies its own state estate tax on large estates — this calculator estimates probate administration costs and does not compute that separate tax.
1. Personal representative fee — reasonable, no fixed percentage
18-C M.R.S. § 3-719: the personal representative is entitled to reasonable compensation for services, with no percentage schedule. The representative may renounce the fee, in full or in part, by written filing with the court. § 3-721 lets the court review the reasonableness of a self-determined fee and order a refund of any excess.
Reported Maine personal representative fees often land in a rough 1%–3% range of estate value in practice, but that's a market pattern, not a legal rate — any figure shown here is an illustrative estimate. Family representatives frequently waive the fee.
2. Attorney fee — also reasonable, also no schedule
No fixed schedule: Maine attorney fees for probate are typically billed hourly, commonly around $250–$400 per hour. Reported totals often run $3,000–$5,000 for informal probate and $5,000–$12,000 or more for formal or contested proceedings. § 3-720 separately covers attorney's fees for a good-faith estate litigation.
3. Court & other costs
- Filing fee — a sliding scale based on estate value, starting around $20–$40 for the smallest estates and rising with size.
- Publication to creditors — once a week for 2 successive weeks; known creditors get written notice within 4 months of appointment.
- Bond — may be required unless waived by the will or the court.
- Appraisal, certified copies — small additional costs.
4. Maine's own estate tax — separate from probate cost
36 M.R.S. Chapter 575: Maine is one of a minority of states with a separate state estate tax, independent of the federal estate tax. The exemption is currently $7,160,000 per decedent, indexed for inflation. Rates above that threshold are graduated from 8% to 12%. Maine does not allow portability between spouses — each spouse's exemption stands alone. This calculator does not compute the estate tax; an estate above the exemption should get a separate Form 706ME estimate from an attorney or CPA.
5. When probate can be simplified in Maine
- Collection of personal property by affidavit (18-C § 3-1201) — a base limit of $40,000 in personal property, adjusted periodically for inflation to currently about $52,500. Personal property only, no real estate. Available 30 days after death.
- Informal probate — the default UPC track, registrar-handled with minimal court involvement.
- Living trust, joint tenancy, TOD arrangement — bypass probate (the estate tax can still apply to the taxable estate).
| Cost component | Maine figure | Source |
|---|---|---|
| Personal representative fee | Reasonable; no set % (often waived) | § 3-719 |
| Attorney fee | Reasonable; ~1%–3% reported | § 3-720 |
| Filing fee | Sliding scale, from ~$20–$40 | Probate Court |
| Small estate affidavit | $40,000 base (currently ~$52,500) | § 3-1201 |
| State inheritance tax | None | Maine Revenue Services |
| State estate tax | 8%–12% above $7,160,000 | 36 M.R.S. Ch. 575 |