What Delays Probate in Maine? The Real Causes

Quick answer: the biggest delay risk beyond the 9-month floor is supervised or contested formal probate, followed by real estate sales and, for larger estates, Maine's own estate tax return. Estimate your own timeline with the Maine probate timeline calculator.

1. Supervised or contested formal proceedings

The stakes: most uncontested Maine estates use informal, registrar-handled probate. A contested will or a request for supervision moves the matter before a judge, requiring the personal representative to return to court for authority an informally appointed representative would exercise alone. This commonly stretches the timeline to 18-24 months or more.

2. Maine's own estate tax, for larger estates

An estate near or above the $7,160,000 exemption under 36 M.R.S. Chapter 575 needs a Maine estate tax return (Form 706ME) prepared, and potentially resolved with Maine Revenue Services, before the estate can safely close — adding administrative time beyond the routine creditor-window baseline.

3. Selling real estate

Property that needs to be listed, sold, and closed before the estate can distribute proceeds typically runs longer than the 9-month creditor bar, and often becomes the actual bottleneck.

4. A will contest

A formal objection to a will's validity — on grounds like lack of testamentary capacity, undue influence, fraud, or improper execution — must generally be filed before an informal appointment becomes final. Resolving a genuine contest adds real time before the estate can move forward.

Facing probate in Maine?

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What delays Maine probate — frequently asked questions

Does supervised administration take longer in Maine?

Yes. Supervised administration requires the personal representative to return to court for authority an informally appointed representative would exercise alone, commonly stretching the timeline to 18-24 months or more.

Does approaching Maine's estate tax threshold delay probate?

It can add administrative time — an estate near or above the $7,160,000 exemption needs a Maine estate tax return (Form 706ME) prepared and potentially resolved before the estate can safely close.

Does selling real estate delay Maine probate?

Yes — if a house needs to be listed, sold, and closed before the estate can distribute proceeds, that process commonly runs longer than the 9-month creditor bar.

Does a will contest delay Maine probate?

Yes — a formal objection to a will's validity must generally be filed before an informal appointment becomes final, and resolving a contest, on grounds like undue influence or improper execution, adds real time before the estate can proceed.

Estimate for general guidance only, not legal advice. Whether a specific estate will actually be delayed depends on its own facts. Consult a licensed Maine attorney about a contested or complex estate.