Maine

At a Glance

Registration of Deaths in Maine

A certificate of each death that occurs in this State must be filed with the State Registrar of Vital Statistics or clerk of the municipality where death occurred within a reasonable period of time, as specified by department rule, after the day on which death occurred and prior to the removal of the body from the State. The funeral director or other authorized person in charge of the disposition of the dead human body or its removal from the State is responsible for filing the certificate. The medical certification of the cause of death must be completed and signed in a timely manner, as specified by department rule, by a physician, nurse practitioner or physician associate authorized to practice in the State who has knowledge of the patient's recent medical condition, except when the death falls under the jurisdiction of the medical examiner.

Who can order copies.

Maine law limits access to certified vital records to individuals named on the record, their spouse, registered domestic partner, direct descendants, parents, grandparents, or legal representatives.

• –Maine Center for Disease Control & Prevention, Data, Research, and Vital Statistics (DRVS) - https://www.maine.gov/dhhs/mecdc/vital-records
• –Cost: approximately $15 for the first certified copy, $6 for each additional copy ordered at the same time.
• –Requests can be made in person, by mail, or online through VitalChek.

How do I get a death certificate in Maine?

Order certified copies from Maine's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Maine?

$15 per certified copy in Maine, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When probate is required.

In Maine, if an estate is worth no more than $52,500 (for 2026 estates), it is considered a 'small estate' and may qualify for a simplified probate process or be settled via affidavit. Formal probate is generally required for estates exceeding this value or when there are disputes.

If you die without a will.

If a person dies in Maine without a valid will, their assets are distributed according to the state's intestate succession laws (18-C MRS, Article 2).

• –Spouse inherits the entire estate if there are no surviving parents or descendants outside the marriage.
• –If there are descendants of the deceased and the surviving spouse, the spouse receives the first $50,000 plus half of the remaining estate, and descendants inherit the rest.
• –If there is no spouse, descendants inherit the entire estate. If no descendants, then parents, then siblings, and so on.
• –If no relatives can be found, the estate escheats to the state.

Avoiding probate.

Common strategies to avoid probate in Maine include establishing a revocable living trust, designating beneficiaries on accounts (e.g., bank accounts, retirement accounts, life insurance), holding property in joint tenancy with right of survivorship, or using transfer-on-death (TOD) or payable-on-death (POD) designations for certain assets.

How long does probate take in Maine?

A straightforward Maine probate typically runs 6-12 mo, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Maine?

$52,500. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Maine?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Maine allow transfer-on-death deeds?

Yes. Maine authorizes the transfer on death deed under 18-C M.R.S. §§ 6-401 to 6-421 (Uniform Real Property Transfer on Death Act). Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Maine adopted the uniform act in its Probate Code (Title 18-C, Article 6, Part 4); a recorded, notarized TOD deed passes real estate outside probate and is revocable until death.

Source: 18-C M.R.S. §§ 6-401 to 6-421 (Uniform Real Property Transfer on Death Act) ↗

Die without a will in Maine and this law picks your heirs.

If you die intestate (without a valid will) in Maine, Me. Rev. Stat. tit. 18-C, §§ 2-101–2-114 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): the entire estate
• –Spouse + parents (no descendants): first $300,000 plus 3/4 of the balance
• –Spouse + joint descendants: the entire estate (first $100,000 plus 1/2 if the spouse has other children)
• –Spouse + blended family: a flat one-half, with no lump sum
• –Source: Me. Rev. Stat. tit. 18-C, §§ 2-101–2-114

Children's shares.

The descendants take everything per capita at each generation: equal shares at the closest generation with survivors, with lower generations splitting what is left equally.

No spouse, no children: the line of succession.

With no spouse or descendants, the estate goes to parents, then to parents' descendants, then half to each of the paternal and maternal grandparents' lines, then to great-grandparents and their descendants, then to descendants of a deceased spouse (stepchildren), and only then to the State of Maine (§ 2-105).

At a Glance

What Maine requires.

In Maine, an advance directive must be in writing, signed by the declarant, and witnessed by two adults. Neither witness can be the agent, an heir, or directly involved in the declarant's healthcare. Notarization is not required but recommended. The Maine Hospital Association provides a standard form that is widely used.

Healthcare power of attorney.

A healthcare power of attorney (HCPOA) in Maine allows you to appoint an agent to make medical decisions on your behalf if you become incapacitated. This can be a standalone document or part of a comprehensive advance directive. The agent's authority typically begins when a physician determines you lack the capacity to make your own decisions.

POLST / MOLST forms.

Maine recognizes Physician Orders for Life-Sustaining Treatment (POLST) forms. A POLST is a medical order signed by a healthcare professional and the patient (or their surrogate) that specifies medical treatments the patient wishes to receive or avoid. It is for individuals with serious illnesses and complements an advance directive, but is not the same. It is a portable medical order that travels with the patient across healthcare settings.

Where do I get Maine's advance directive form?

The controlling law is Maine Revised Statutes, Title 18-C, §5-803, linked as this section's source. Most people use the free statutory form: Maine's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Maine require a notary or witnesses for an advance directive?

Maine requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation rules in Maine.

In Maine, there is no mandatory waiting period before cremation can occur, though most crematories require at least 24 hours. A permit for final disposition is required, and certain methods like cremation require a medical examiner's release. The authorized person (next-of-kin or designated agent) must provide authorization.

Green burial and alternatives.

Maine allows for green burial, which involves natural burial practices without embalming, vaults, or non-biodegradable caskets. Human composting (natural organic reduction) was legalized in Maine in 2024 (Title 22, §2900-A), offering another eco-friendly option. Home burial is also permitted in Maine, provided local ordinances are followed and a disposition permit is obtained.

• –Green Burial: Permitted, focuses on natural decomposition.
• –Human Composting (Natural Organic Reduction): Legalized in 2024, transforms remains into soil.
• –Home Burial: Permitted, subject to local regulations and permits.

Funeral home regulations.

Funeral homes in Maine are regulated by the Maine Board of Funeral Service. They must be licensed and adhere to state laws regarding consumer protection, including price disclosure. The FTC Funeral Rule also applies, requiring transparent pricing and itemized statements for funeral goods and services.

At a Glance

Maine has an estate tax with a $7.16 million exemption for 2026.

Maine imposes an estate tax on the value of the Maine taxable estate for residents. For 2026, the exemption amount is $7.16 million. Estates exceeding this threshold are subject to tiered tax rates ranging from 8% to 12%. The tax applies to the portion of the estate that exceeds the exemption.

Maine does not have an inheritance tax.

Maine does not impose an inheritance tax. This means that beneficiaries who inherit property from a deceased person in Maine do not have to pay a state tax on their inheritance.

Federal estate tax.

The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The One Big Beautiful Bill Act (2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.

Does Maine have an estate tax?

Yes. Maine levies its own estate tax, with a state exemption of $7.16 million and rates of 8%-12%. The federal estate tax can also apply, but only to estates over $15 million per person (2026).

Does Maine have an inheritance tax?

No. Maine does not tax inheritances. Heirs owe no state tax on what they receive, though the estate itself can owe state estate tax before anything is distributed.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Registering as a donor in Maine.

In Maine, you can register as an organ and tissue donor when applying for or renewing your driver's license or state identification card at the Bureau of Motor Vehicles (BMV). You can also register online through the Maine Organ Donor Registry. Your decision to donate can also be noted in your advance directive.

• –Maine Organ Donor Registry: https://neds.org/register-now/
• –Register at any Maine Bureau of Motor Vehicles (BMV) office.
• –Indicate your wishes in your advance directive.

Your family cannot override your decision.

In Maine, as in all states, a registered organ donor decision is legally binding. Your family cannot override it. However, in practice, organ procurement organizations often consult families. Make your wishes known to your family to avoid conflict.