Probate in Maine: What Your Family Goes Through Without a Will

Dying with assets titled in your own name in Maine generally means you have to go through probate, save for a few exceptions. If the deceased does not have a will, this is referred to as intestate succession. An estate will go through probate in Maine if there is no will, unless one of the following exceptions applies.  

• You have life insurance policies or retirement accounts with designated beneficiaries.

• You have bank or brokerage accounts with a payable-on-death or transfer-on-death designation.

• You have jointly owned property with right of survivorship.

If none of these apply, an estate without a will does go through probate in Maine. If the personal property is valued at roughly $52,500 or less (as of 2026), and at least 30 days have passed since the death, you can use a small estate affidavit instead of full probate.

Succession Laws Without a Will in Maine

The starting point for inheritance in Maine is understanding how property is legally owned. Maine is a common law property state, not a community property state. The translation here is that ownership goes to whoever is on the title, deed, or account. Maine follows the Uniform Probate Code.

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If none of the exceptions above apply, the estate will go through probate and be distributed according to the following lines of succession. The Maine Probate Code Cost-of-Living Adjustment Calculations are adjusted annually based on changes in the Consumer Price Index.

• If you have no descendants and no living parents, your spouse inherits everything.

• If your children are all shared with your spouse, and your spouse has no other descendants, your spouse inherits everything.

• If you have no descendants but a parent survives you, your spouse inherits the first $394,000 of your estate, plus 3/4 of the balance. Your parents inherit the rest.

• If your children are shared with your spouse, but your spouse also has descendants from another relationship, your spouse inherits the first $131,300 of your estate, plus 1/2 of the balance. Your descendants inherit the rest.

• If you have descendants who are not your spouse's, your spouse inherits 1/2 of your estate. Your descendants inherit the other 1/2.

• If you have children but no spouse, your children inherit everything, divided equally.

• If you have no spouse and no children, your parents inherit everything.

Maine Probate Process

Maine probate is filed through the Probate Court in the county where the deceased lived. Maine is also one of a small number of states that imposes its own state estate tax, in addition to any federal estate tax, which can affect larger estates whether or not there's a will.

Avoiding Probate in Maine

Skipping probate is usually possible with a little planning. Here's how it's typically done.

• Revocable living trust: Lets you have full control over your estate as the trustee. You name a successor trustee who will manage distributing your assets after your death.

• Beneficiary designations: A payable-on-death (POD) designation will specify who receives payment at the time of your death. A transfer-on-death (TOD) designation names a new owner for those accounts.

• Make sure property is jointly owned with right of survivorship. This gives your spouse or another co-owner automatic ownership of any joint property.

Want to learn more about trusts in Maine? This is what you’ll need to make your trust legal.