About Maine,
Maine follows common law (equitable distribution) for property classification. This means assets are not automatically split equally -- ownership depends on title, and probate distribution follows intestate statutes or the will.
Without a will, Maine intestate law (Maine Revised Statutes Title 18-C, §2-102) determines your share. The small-estate threshold is $40,000, and typical probate takes 6-12 months.
Maine imposes a state-level estate tax, which may affect larger estates and require additional filing deadlines beyond federal requirements.
Property & Intestate Rules
How Maine classifies marital property and what a surviving spouse typically receives if there is no will.
How Maine Classifies Marital Property
Common law (equitable distribution) - Maine Revised Statutes Title 19-A, §953
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | Entire intestate estate |
| Children from marriage | Entire intestate estate |
| Children from prior relationship | One-half of the intestate estate |
50% of the value of the marital-property portion of the augmented estate
Deadline to File
- Maine filing window
- Within 9 months after the decedent's death or within 6 months after the probate of the decedent's will, whichever is later
Home Protections for Surviving Spouses
A surviving spouse is entitled to a homestead allowance of $22,500. This allowance is exempt from and has priority over all claims against the estate, except for costs and expenses of administration and reasonable funeral expenses. The homestead allowance is in addition to any share passing by will, intestate succession, or elective share.
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $40,000 |
| Typical probate timeline | 6-12 months |
| State estate tax | Yes |
| State inheritance tax | No |
| Tax notes | Maine has a state estate tax. For 2026, the exemption is $7,160,000. The tax rate ranges from 8% to 12%. There is a 100% marital deduction for property passing to a surviving spouse. |
Deadlines You Cannot Afford to Miss
Maine-Specific Rules
Dower and curtesy are abolished (Maine Revised Statutes Title 18-C, §2-111).
Maine Legal Help Resources
Starting points for legal aid, court self-help, and local attorney referrals.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Maine.
- Is Maine a community property state?
- Maine is classified as Common Law (Equitable Distribution). Common law (equitable distribution) - Maine Revised Statutes Title 19-A, §953
- What does a surviving spouse inherit without a will in Maine?
- No children: Entire intestate estate With children: Entire intestate estate Stepchildren or children from a prior relationship: One-half of the intestate estate
- What is the elective share right in Maine?
- 50% of the value of the marital-property portion of the augmented estate Deadline: Within 9 months after the decedent's death or within 6 months after the probate of the decedent's will, whichever is later
- What is the small-estate threshold in Maine?
- $40,000. Typical probate timeline: 6-12 months
- Does Maine have estate tax or inheritance tax?
- Estate tax: Yes. Inheritance tax: No. Maine has a state estate tax. For 2026, the exemption is $7,160,000. The tax rate ranges from 8% to 12%. There is a 100% marital deduction for property passing to a surviving spouse.
- What deadlines matter most for widows in Maine?
- Elective Share Deadline: Within 9 months after the decedent's death or within 6 months after the probate of the decedent's will, whichever is later; Estate Tax Filing Deadline: 9 months after the date of the decedent's death
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Maine.
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Support Beyond the Paperwork
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Related Resources
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