Franklin County Register of Probate Guide

A successor may collect the decedent's personal property (Maine Form AF-102) directly from the holder without opening probate when at least 30 days have elapsed since death, the entire estate (less liens and encumbrances) does not exceed the inflation-adjusted threshold, and no personal representative has been appointed or is pending. Personal property only; it does NOT transfer real estate. Each of Maine's 16 county probate courts publishes the current inflation-adjusted value under 18-C M.R.S. § 3-1201(3); confirm the figure with the county Register of Probate.

• 30 days have elapsed since the decedent's death
• Value of the entire estate, less liens and encumbrances, does not exceed the inflation-adjusted threshold
• No application or petition for appointment of a personal representative is pending or has been granted
• The claiming successor is entitled to payment or delivery of the property
• Present a signed, notarized affidavit (Maine Form AF-102) to the asset holder

Qualifies:

$52,500 for 2026 deaths ($40,000 base, adjusted for inflation under 18-C M.R.S. § 3-1201 and § 1-108)

Typical duration:

1-2 months

Attorney:

not required by law, though many families use one

Litigated before the county Judge of Probate. Used when the will is contested, the estate is complicated, an interested person demands it, or supervised administration is ordered. Requires a petition, notice, and a hearing before the judge.

• File a petition for formal testacy and/or appointment
• Notice and a court hearing before the judge of probate
• Original will and certified death certificate
• Bond if required by the will, the court, or an interested person
• Publish notice to creditors and file an inventory within 3 months of appointment

Qualifies:

No threshold - used for contested or supervised estates

Typical duration:

9-18 months

Attorney:

not required by law, though many families use one

The common path for a straightforward, uncontested Maine estate. The register of probate handles informal probate of the will and informal appointment of a personal representative without a formal court hearing when the application is uncontested and the will (if any) is provable. The personal representative publishes notice to creditors, files an inventory within 3 months of appointment, and closes by a verified closing statement.

• File an application for informal probate and/or informal appointment with the register of probate
• Provide the original will (if any) and a certified death certificate
• Give required notice to interested persons
• Publish notice to creditors (18-C M.R.S. § 3-801)
• File an inventory within 3 months of appointment
• Close by sworn/verified closing statement when administration is complete

Qualifies:

No threshold - available for most uncontested estates

Typical duration:

6-12 months

Attorney:

not required by law, though many families use one

If the inventory and appraisal show the estate does not exceed the allowances and expenses above, the personal representative may, without giving notice to creditors, immediately disburse and distribute the estate to the persons entitled and file a closing statement.

Qualifies:

Estate value, less liens and encumbrances, does not exceed the sum of homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical/hospital expenses of the last illness (a formula, not a fixed dollar cap).

Attorney:

not required by law, though many families use one

Maine adopted the Uniform Real Property Transfer on Death Act. An owner may record a transfer-on-death deed during life; it is revocable and has no effect until death, when the described real property passes to the designated beneficiary outside probate. A statutory form is provided at § 6-417.

• TOD deed signed and acknowledged (notarized) before death
• TOD deed recorded in the registry of deeds for the county where the property is located BEFORE the transferor's death
• Beneficiary survives the transferor
• After death, the beneficiary records confirmation (death certificate / affidavit) in the registry of deeds

Qualifies:

N/A - avoids probate for the described real property

Attorney:

not required by law, though many families use one