Clear Money Guide
What this state guide covers
A quick view of the questions, practical details and source notes below.
Comparison tables scroll horizontally on smaller screens.
Updated August 19, 2026. Quick answer: Maine publishes no percentage schedule for probate compensation — the personal representative and the attorney are each paid what the court finds reasonable (18-C M.R.S. §3-719), so the bill tracks hours worked rather than the size of the estate. The second number is the small-estate threshold, at or under which an estate skips most of probate: a ceiling Maine re-computes for inflation for each year of death rather than printing as a current number, and which each county probate court now publishes on its own website. Whether any of that reaches a solely owned house is answered below — it is where most published guidance goes wrong.
What probate costs in Maine
| Item | Maine |
|---|---|
| Fee model | reasonable-fee |
| What the fee is calculated on | UPC state: reasonable compensation (18-C M.R.S. §3-719); no percentage schedule. |
| Court filing fee | varies by county |
| Small-estate threshold | Set by statute but not published as a current number: 18-C M.R.S. §3-1201 ties the affidavit ceiling to §1-108, which re-computes it for inflation from the Consumer Price Index for the year before the death. Maine publishes no statewide figure — since PL 2025 c. 76 each county probate court must publish the adjusted value annually on its own website (§3-1201(3)) — so the operative amount is the one that county publishes for the year of death. Personal property only; 30-day wait. |
Why Maine has no single answer
Maine does not publish a percentage schedule that produces one number, so any source quoting you a firm figure is estimating. What the statute actually fixes is the standard: UPC state: reasonable compensation (18-C M.R.S. §3-719); no percentage schedule. That makes three things decide the bill — how many billable hours the administration takes, whether any beneficiary contests, and whether the estate qualifies for the small-estate route below and skips most of it. Get the fee basis in writing before engaging anyone.
For states that DO publish a schedule, and to compare, use the probate cost calculator.
What is the small estate limit in Maine?
Set by statute but not published as a current number: 18-C M.R.S. §3-1201 ties the affidavit ceiling to §1-108, which re-computes it for inflation from the Consumer Price Index for the year before the death. Maine publishes no statewide figure — since PL 2025 c. 76 each county probate court must publish the adjusted value annually on its own website (§3-1201(3)) — so the operative amount is the one that county publishes for the year of death. Personal property only; 30-day wait.
The small-estate route here does NOT clear real estate on its own. If the person who died owned a house in their sole name, that transfer needs a separate procedure or full probate, whatever the dollar limit says. This is the single most common mistake made about small-estate affidavits, and most cost guides omit it entirely.
Full thresholds for every state: small-estate limits by state.
If the estate is still being planned rather than settled, the usual way to keep a house out of probate entirely is a living trust, which carries its own upfront cost: whether a living trust is worth it in Maine.
Skipping probate entirely
The usual way to keep a house out of probate entirely is a living trust, which carries its own upfront cost: LawDepot builds a state-specific revocable living trust if that fits how you want to leave things to your heirs.
Before you click, what actually happens. The link goes to LawDepot, a paid legal-document service, not Clear Money Guide and not a law firm. LawDepot pays Clear Money Guide a commission if you buy a document there, at no extra cost to you. You are under no obligation to buy anything, and this is not legal advice.
Build a living trust for Maine at LawDepot
More about this link
LawDepot pays us a commission if you buy through this link. Affiliate Disclosure.
Does a house have to go through probate in Maine?
Usually yes, if the house was solely owned. Because Maine’s small-estate route does not clear a solely owned house, an estate that looks small on paper can still face full administration — and the fee is usually calculated on the gross value of that house, not the equity in it. That is the single most common and most costly surprise in this area, and it is fixable in advance rather than after. A fiduciary advisor can price the exposure alongside the rest of the estate picture. talk to someone about the whole estate picture. You can also run the numbers yourself first with the probate cost calculator — no email required.
How Maine compares to the other 50
Maine does not belong in that ranking at all: it is one of the jurisdictions that publishes no fixed figure, because the ceiling is re-computed for inflation for each year of death. Among the states that do state one, the national median is $75,000. The range runs from $15,000 at the bottom to $400,000 at the top, so where an estate falls relative to the line matters far more than any national “average probate cost” figure. On fee model, Maine is one of 30 of 51 jurisdictions using the reasonable-fee approach.
Death taxes in Maine, separately
Maine levies an estate tax, one of 13 jurisdictions that do. That is a different question from probate cost and is decided by different statutes, but families routinely conflate the two.
Estate tax: yes – 2026 exclusion $7,160,000 (2025: $7,000,000; 2024: $6,800,000; indexed annually); rates 8% / 10% / 12% (top 12%)
What this does not include
The figures above are the probate cost — the court and compensation side of settling an estate. They are separate from any state estate tax or inheritance tax, which are taxes on the transfer itself and are owed whether or not the estate goes through probate. Appraisal, bond premium, publication, and real-estate commissions if property is sold are additional and are not set by the fee statute.
Before you hire anyone
- Ask which statute the fee is charged under, and get the citation. In Maine the governing provisions are below.
- Ask whether the quoted fee is calculated on gross value or net of debts. Gross-value states charge on the full house value even if a mortgage covers most of it.
- Ask whether the personal representative is also claiming compensation, and on what basis.
- Ask in writing whether the estate qualifies for the small-estate route, and if a solely owned house is involved, whether that route reaches it.
Primary sources
- 18-C M.R.S. §3-719
- 18-C M.R.S. §3-1201
- 18-C M.R.S. §1-108
Maine in the rest of the picture
Probate cost is one of four things Maine decides for a retiree and their heirs. The other three — income tax on withdrawals, estate tax, and inheritance tax — are priced separately:
- Every tax Maine charges a retiree: Maine retirement taxes
- What a move out is worth: leaving Maine
- Corridor comparison: Maine To Florida
- Corridor comparison: Maine To New Hampshire
- Corridor comparison: Maine To Texas
Compare and calculate
Probate cost by state compares all 51 jurisdictions side by side. The probate cost calculator prices a specific estate. If a move is on the table, retirement tax relocation prices probate alongside the three other taxes that change with residency.
Cite or share this guide: “Maine Probate Cost (2026),” statute-cited; clearmoneyguide.com/maine-probate-cost/. Free to cite with attribution.
What the whole settlement costs here. There is no statutory percentage here, so the fee is whatever is reasonable — which is why no honest national figure exists. No state estate tax and no inheritance tax reaches an estate this size here. The small-estate route reaches personal property only, so a house keeps the estate in full administration whatever the threshold says. No state charges estate tax at any of these estate sizes. All three lines computed for every state: the cost of dying index.
A related question: when is probate required in Maine at all, and what the small-estate shortcut covers.