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Maine Probate vs Living Trust Calculator

A basic living trust doesn't touch Maine's estate tax at all — and unlike Hawaii, Maine gives a married couple no automatic second chance if the first spouse's $7.16 million exemption goes unused.

Probate side: 18-C M.R.S. § 3-719 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Your Maine estate

Enter your estate value and a market-rate assumption — Maine sets no fixed percentage, so this is illustrative.

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Estimated Maine probate cost vs trust setup
Probate (estimated)
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Living trust setup
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No portability means a plain trust doesn't fix the real risk

Maine's standout feature: under 36 M.R.S. Chapter 575, Maine does not allow portability of the estate tax exemption between spouses — unlike Hawaii, which does. That means a married couple who simply leaves everything outright to each other can permanently waste the first spouse's $7,160,000 exemption. A basic revocable living trust does not fix this — its assets stay in the taxable estate because the grantor kept control. What actually preserves the first spouse's exemption is a different, more deliberate tool: a credit shelter (bypass) trust or a Maine-specific QTIP election, built into the estate plan for exactly this purpose.

The probate side of this comparison reuses the same approach as the Maine Probate Cost Calculator: reasonable compensation under 18-C M.R.S. § 3-719 for the personal representative, and a similar reasonable-fee standard for the attorney — neither has a fixed statutory percentage. Reported attorney totals often run $3,000–$5,000 for informal probate, more for formal or contested matters. The trust side is also market data: nationally, a basic revocable living trust commonly runs $1,500–$2,500, though Maine-specific attorney rate data (roughly $539/hour) puts a full Maine plan closer to $5,390–$8,085. See the full breakdown in Maine Living Trust Setup Cost.

Maine probate vs living trust — frequently asked questions

Does a basic living trust reduce Maine's state estate tax?

No. A basic revocable living trust's assets remain part of the taxable estate because the grantor keeps control during life — the same rule as the federal estate tax. Reducing Maine estate tax exposure for a married couple requires a different tool: a credit shelter or Maine QTIP trust structure.

Why does Maine's lack of portability matter for married couples?

Because Maine doesn't let a surviving spouse inherit the deceased spouse's unused $7,160,000 exemption, a couple who leaves everything outright to each other can permanently waste the first spouse's exemption — unlike in a portability state such as Hawaii.

How much does Maine probate cost compared to a living trust?

Reported Maine personal representative and attorney fees run in a rough market range with no fixed schedule; total attorney costs often run $3,000–$5,000 for informal probate. A Maine living trust commonly runs $1,500–$2,500 nationally, though Maine-specific attorney rate data puts a full plan closer to $5,390–$8,085.

Maine living trust tools & guides

Maine Living Trust Setup CostThe market-rate breakdown Is a Living Trust Worth It in Maine?A decision framework Maine Living Trust Funding MistakesWhy trusts still fail to avoid probate Maine Probate Cost CalculatorFees, plus the estate tax Maine Probate Timeline CalculatorHow long probate would take

This calculator provides an estimate for general guidance only and is not legal or financial advice. Probate-side figures are based on Maine statute (18-C M.R.S. § 3-719), which sets no fixed percentage; any percentage shown is illustrative market data, not a legal rate. Trust-side figures are also illustrative market rates. This tool does not compute Maine's separate state estate tax (36 M.R.S. Ch. 575, 8%–12% above a $7,160,000 exemption); estates near or above that threshold, especially married couples, should get a dedicated estimate that addresses portability. Confirm current figures with the Probate Court or a licensed Maine estate planning attorney before acting.