It’s February in coastal Maine. A nor’easter is coming in off the Atlantic — the kind that shuts down Route 1 and dumps two feet of snow on everything from Kittery to Calais. Your lobster boat is tied to the dock. Your house needs a new roof. Your gear shed is full of traps that took three seasons to acquire.
And you’re dead.
You never got around to writing a will. You figured you’d handle it in spring, when things slowed down. But now it’s February, you’re gone, and your family is trying to figure out who gets the boat, who gets the house, and who gets the $40,000 in trap gear — while also trying to do it before the next storm hits.
Maine probate doesn’t wait for weather windows. And the state has its own opinions about what should happen to your stuff.
Maine’s Intestate Succession Law
Maine follows the Uniform Probate Code (UPC) — a standardized framework adopted by a number of states to modernize and streamline estate administration. That’s the good news. The bad news is that “streamlined” is relative, and none of this was designed with your specific family situation in mind.
When you die without a will in Maine, the Maine Probate Code (Title 18-C) takes over.
If you’re married with children who are also your spouse’s children:
Your spouse inherits everything. Simple enough — as long as both you and your spouse are the parents of all the children in the mix. Maine’s UPC gives the surviving spouse the entire estate in this scenario.
If you’re married and have children from a prior relationship (not your spouse’s):
Now it gets complicated. Your spouse gets $100,000 plus three-quarters of the remaining estate. Your children (from the prior relationship) split the remaining one-quarter. Your spouse and your kids from a previous marriage are now co-inheritors — a situation that rarely goes smoothly.
If you’re married and your spouse has children from a prior relationship (not yours):
Same split. Your spouse gets $100,000 plus three-quarters; the rest goes to your relatives.
If you’re married with no children:
Your spouse inherits everything (after paying debts).
If you’re not married:
Your estate goes in this order:
- Your children (equally, with grandchildren stepping in if a child has died before you)
- Your parents (if no children)
- Your siblings (if no parents)
- Your grandparents and their descendants (aunts, uncles, cousins)
- If no family can be found: the estate escheats to the state of Maine
Unmarried partners: Nothing. Zero. Maine intestacy law doesn’t recognize romantic partnerships that aren’t legally formalized. Doesn’t matter if you’ve lived together for 20 years and built a life together. Without a will, your partner gets nothing.
Adopted children: Treated exactly like biological children for inheritance purposes.
Half-siblings: Inherit equally with full siblings in Maine.
What Probate Looks Like in Maine
Maine probate happens through the Probate Court in the county where you lived. Maine has separate Probate Courts for each of its 16 counties — which matters because if you owned property in multiple counties, you might be dealing with multiple courts.
The UPC advantage: Maine’s adoption of the Uniform Probate Code means there are both formal and informal probate procedures available.
Informal probate: A simplified process where a probate registrar handles routine matters without a formal court hearing. Faster and cheaper. Available for straightforward estates where no disputes are expected.
Formal probate: Requires court hearings and a judge. Used when disputes arise, heirs can’t agree, or the estate is complicated. Takes longer and costs more.
Timeline:
- Informal probate: 6 to 12 months for most estates
- Formal probate: 12 to 24 months
- Contested estates: potentially longer
Costs: Attorney fees, court filing fees, publication of notices, and personal representative bond can run 3% to 6% of the estate’s gross value. For a modest Maine home worth $350,000 — and Maine home values have climbed significantly — that’s $10,500 to $21,000 in administrative costs before anyone inherits a dime.
Small estate procedure: Maine has a simplified small estate process. If the estate is under $40,000 in personal property and meets other requirements, heirs can potentially use an affidavit to collect assets without full probate. Real estate doesn’t qualify for this shortcut.
Maine-Specific Quirks
No State Estate or Inheritance Tax
Maine doesn’t have an inheritance tax. Maine does have a state estate tax, but it only applies to estates over $6.41 million (2026 figure, adjusted annually for inflation). Most Maine residents won’t hit this threshold, but it’s higher than some states and lower than the federal exemption. If you happen to own significant commercial real estate or a valuable fishing operation, worth checking.
The UPC Makes Things Relatively Sensible
Maine’s adoption of the Uniform Probate Code means the rules are more modern and logical than many states. The UPC was specifically designed to reflect what most people actually want — which is usually that spouses get priority, then children, then other relatives. It’s not a perfect system, but it’s less archaic than states still operating on 19th-century common law.
Same-Sex Marriages and Domestic Partnerships
Maine recognizes same-sex marriages for all inheritance purposes — surviving spouses have the same rights regardless of gender. Maine also has domestic partnership registry provisions, and registered domestic partners may have certain succession rights. However, the rules around domestic partnerships and inheritance are more complex than for married spouses, and relying on this without a will is risky.
The Lobster Boat Problem
This isn’t a legal quirk, but it’s a Maine reality: fishing equipment, licenses, boats, and traps represent significant value in many Maine families’ estates. Commercial fishing licenses and permits don’t automatically transfer — there are regulatory issues separate from estate law. If your livelihood includes a Maine commercial fishing license, intestate succession can create serious complications for whoever wants to continue operating.
Timber and Agricultural Land
Maine has substantial forested land and agricultural operations. When these pass through intestacy to multiple heirs who disagree about what to do with the land, the result is often a forced sale — sometimes below market value — or fractional ownership disputes that end up in court.
How to Avoid This
Here’s the reality of dying without a will in Maine: your family faces months of probate court, thousands in administrative costs, and a distribution scheme that might bear no resemblance to what you actually wanted.
Your fishing partner who helped you build the operation? Nothing. Your long-term girlfriend? Nothing. The charity you cared about? Nothing. The state doesn’t know who matters to you. It only knows its default rules.
Killswitch changes all of that for $69 one-time. That’s it. Less than a day’s worth of lobster trap hauls. Less than a tank of gas for your pickup. One-time cost, valid in all 50 states including Maine, legally enforceable.
You decide:
- Who gets the boat, the house, the gear
- Who’s your executor (the person who handles the estate)
- Who takes care of your kids if something happens
- What happens to everything you built
Maine’s UPC is a decent safety net. But it’s still the government making decisions about your life. Spend $69 and make those decisions yourself.
killswitch.rip — takes about an hour. Worth every minute.
Frequently Asked Questions
Q: Does Maine recognize holographic (handwritten) wills?
A: Maine does not recognize traditional holographic wills. For a will to be valid in Maine, it must be in writing and signed by the testator in the presence of two witnesses who also sign. This means your handwritten will needs to be properly witnessed to be valid — a scrawled note won’t cut it. Using a service like Killswitch ensures your will meets Maine’s formal requirements.
Q: What happens to my spouse in Maine if I have kids from a previous relationship?
A: Your spouse doesn’t get everything. Under Maine’s intestate succession law, your spouse receives $100,000 plus three-quarters of the remaining estate. Your children from the prior relationship split the remaining one-quarter. This can create significant tension and financial complications — especially if the children and your surviving spouse don’t have a great relationship.
Q: How long does Maine probate take?
A: For informal probate (simpler estates), typically 6 to 12 months. Formal probate with court hearings takes 12 to 24 months. Maine’s adoption of the Uniform Probate Code makes it relatively efficient compared to many states, but there’s no getting around the creditor claim period (which sets a minimum timeline) and the administrative process.
Q: Can I avoid Maine probate entirely?
A: Some assets skip probate regardless: life insurance with named beneficiaries, retirement accounts (401k, IRA) with named beneficiaries, joint tenancy property with right of survivorship, and assets in a living trust. A good estate plan uses a combination of a will, beneficiary designations, and sometimes a trust to minimize probate. Killswitch handles the will; make sure your beneficiary designations are also up to date.
Q: What is Maine’s small estate threshold?
A: Maine’s small estate affidavit process is available for personal property estates under $40,000. Real estate cannot be transferred through this process — it requires full probate. If the estate is mostly a house and some personal possessions (common in Maine), you’ll likely need to go through probate regardless of total value.
