Maine
Death Laws & End-of-Life Guide

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 before 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.

Who can order a death certificate in Maine?

Maine is a closed record state. Someone listed on the record can order with ID and the fee; anyone else has to show a direct and legitimate interest with documents: the spouse or registered domestic partner, a guardian, descendants, family such as grandparents, siblings, stepparents, aunts, uncles, nieces, nephews and in-laws with proof of lineage, an attorney or agent, the funeral establishment or informant, or someone who needs it for a creditor, lender, Social Security or insurance purpose. Non-certified copies of death records 25 years or older are open to anyone. Certified copies come from Maine's Data, Research and Vital Statistics, Maine CDC, in Augusta; municipal clerks issue certified copies too, in person in Augusta, by mail, from a municipal clerk, or online or by phone 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. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.

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, a successor can collect the decedent's personal property by affidavit, with no personal representative appointed, if the entire estate less liens and encumbrances comes to no more than $52,500 for a death in 2026. The statute prints $40,000 and § 1-108 indexes it to the CPI, so the number moves every year, and each county probate court has to publish the current figure on its website. Thirty days have to pass after the death, and no application for a personal representative can be pending or granted. Estates above the figure, or with disputes, go through formal probate.

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 no descendant or parent survives, or if every surviving descendant is also the spouse's and the spouse has no other children.
• -If all of your descendants are also the spouse's but the spouse has children from another relationship, the spouse takes the first $131,300 (the 2026 figure) plus half the balance, and your descendants take the rest.
• -If any of your descendants is not the spouse's, the spouse takes a flat one-half and your descendants take the other half.
• -If there's 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.

Handwritten wills.

Maine accepts a handwritten will with no witnesses if the signature and the material portions (the parts that say who gets what and who's in charge) are in the person's own handwriting (18-C M.R.S. § 2-502(2)). Printed words on the page can be used as evidence of what the person meant (§ 2-502(3)). A typed will needs two witnesses. A will valid where it was signed, or where the person lived when they signed it or died, is valid here (§ 2-505).

Source: 18-C M.R.S. § 2-502 (Maine Legislature) ↗Source: 18-C M.R.S. § 2-505 ↗

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’re 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) ↗

Time off work after a death in Maine

Maine is one of nine states that require a private employer to give bereavement leave. The limits matter as much as the entitlement.

Who it covers. Private employers with 15 or more employees at one location in Maine (the State as employer, and municipalities with 25 or more employees, are also covered). The employee must have worked for the same employer for 12 consecutive months. Qualifying deaths are limited to a spouse, domestic partner, parent, sibling or child who died while on active duty in the state military forces or the US Armed Forces, including National Guard and Reserves.

How much. Up to 10 work weeks in any 2 years, shared with every other family medical leave reason under the same law.

Paid or unpaid. Unpaid as a matter of right. 26 M.R.S. § 844(2) says family medical leave granted under the subchapter may consist of unpaid leave. Since Maine Paid Family and Medical Leave benefits opened, § 850-B(2)(F) makes a covered individual eligible for family leave for "[a]ny other reason set forth in section 843, subsection 4," which pulls this death trigger into the paid program.

Be precise with readers about how small this is. Maine does not have general bereavement leave. A grandparent, an in-law, a friend, or a parent who died of cancer at home gets nothing under this section. The trigger is a service member's death on active duty, and nothing else. What actually helps most grieving Mainers is a different law: Maine's earned paid leave statute, 26 M.R.S. § 637, requires employers with more than 10 employees in Maine for more than 120 days in a calendar year to let workers accrue 1 hour of paid leave for every 40 hours worked, up to 40 hours a year, usable "for any reason such as an emergency, illness, sudden necessity, planned vacation," per the Maine Department of Labor Employee Rights Guide (https://www.maine.gov/labor/labor_laws/employeerightsguide/). A death in the family is a sudden necessity, so those 40 paid hours are the real bereavement floor in Maine. Maine has no separate pregnancy-loss leave provision.

Source: 26 M.R.S. § 843(4)(F) and § 844 (Maine Family Medical Leave Requirements) ↗

Can I leave money to care for my pet in Maine?

Yes. Maine enforces pet trusts under 18-B M.R.S. § 408, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one, and Maine sets no year limit on it. Whoever you name in the trust enforces it, and if you name nobody a court appoints someone. Anyone who cares about your animal can also ask the court to appoint an enforcer or to remove one who isn't doing the job. A judge can cut the amount back if it holds more than your animal's care requires. Unless your trust says where the extra should go, it goes to you if you're living, and otherwise to whoever inherits from you. Maine covers an animal that was alive at some point during your life, so a pet someone takes in after you die isn't part of the same trust. Write the caretaker and a backup into the trust; Maine's statute won't choose either one for you.

Source: 18-B M.R.S. § 408 ↗

How to set one up, and what it costs →

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 to 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 doesn't matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The dollar amounts printed in § 2-102 are $300,000 and $100,000, but 18-C § 1-108 indexes them to the Consumer Price Index, so the figures below are the 2026 amounts the Maine Probate Courts publish. They move every year. The four common family shapes:

• -Spouse only (no descendants or parents): the entire estate
• -Spouse + parents (no descendants): first $394,000 plus 3/4 of the balance, for a death in 2026
• -Spouse + joint descendants: the entire estate (first $131,300 plus 1/2, for a death in 2026, 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 to 2-114, with the 2026 dollar figures from the Maine Probate Courts' § 1-108 cost-of-living table

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's 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 isn't required but recommended. The Maine Hospital Association provides a standard form that's 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's for individuals with serious illnesses and complements an advance directive, but isn't the same. It's a portable medical order that travels with the patient across healthcare settings.

Where do I get Maine's advance directive form?

Start with Maine Revised Statutes, Title 18-C, §5-803, linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.

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

Maine requires 2 adult witnesses; notarization isn’t required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation rules in Maine.

In Maine, there's 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.

Who decides what happens to the body in Maine

Maine sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.

1. person designated by the decedent to have custody and control in a written and signed document
2. surviving spouse
3. domestic partner (registered, or one of two unmarried adults domiciled together under long-term arrangements evidencing commitment to each other's welfare)
4. adult child
5. parent
6. adult sibling
7. adult grandchild
8. adult child of a sibling (niece or nephew)
9. maternal grandparent
10. paternal grandparent
11. adult sibling of the decedent's parent, or that sibling's spouse
12. adult first cousin
13. any other adult relative in descending order of blood relationship
14. the Adjutant General or the Adjutant General's designee, if the decedent is a veteran with no known living spouse or adult relative

Naming someone in advance. Any written and signed document in which the decedent designates a person to have custody and control, 22 M.R.S. § 2843-A(2)(A). Maine prescribes no form and the statute imposes no witness or notary requirement, and the designation is not tied to an advance health-care directive. Separately, § 2843-A(5) makes the person with custody and control follow the decedent's written and signed funeral instructions to the extent the decedent prepaid or left resources for them.

When the same tier disagrees. Where two or more next of kin share the same relationship, the majority has custody and control. If they can't reach a majority decision, the probate court decides on a petition under subsection 4(D) filed by two or more of them or by a funeral director, weighing the reasonableness and practicality of the proposed arrangements, the degree of personal relationship, the desires of whoever is ready, able, and willing to pay, the convenience and needs of other family and friends, the decedent's expressed written desires, and the degree to which the arrangements allow maximum participation. Pending that order, a funeral director may refuse to accept or dispose of the remains until given a court order or a written agreement, and may embalm or refrigerate and bill the estate plus attorney's fees and court costs.

A spouse or domestic partner who was estranged from the decedent, meaning living in separate residences with a relationship characterized by hostility or indifference, is cut out entirely and control passes to the next of kin below them. Anyone charged with murder, or with manslaughter under 17-A M.R.S. § 203(1)(B), forfeits custody and control and a funeral director who knows of the charge may not release the body to them, with the right restored in the same priority position on dismissal or acquittal before disposition. Rights lapse to the next level if not exercised within 4 days of the death, remains count as abandoned after 15 days, and paying for the arrangements gives no one a greater right than they would otherwise have.

Source: 22 M.R.S. § 2843-A ↗

If you can't afford the funeral in Maine

Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.

1. When nobody can pay. Municipal General Assistance burial and cremation, under 22 M.R.S. ch. 1161. Every Maine municipality must run a General Assistance program, and the state sets the burial and cremation maximums each year in the DHHS model ordinance. The family (or funeral director) applies to the town or city GA administrator. The municipality's General Assistance administrator/overseer, under rules and maximums set by the Maine Department of Health and Human Services, Office for Family Independence.

What it pays. Maine DHHS 2025 General Assistance Ordinance, Appendix H, effective 10/01/25-09/30/26, verbatim: "The maximum amount of general assistance granted for the purpose of burial is $1,620." and "The maximum amount of assistance granted for a cremation shall be $1,125." Allowable burial expenses are limited to removal of the body, a secured death certificate or obituary, embalming, a minimum casket, reasonable necessary transportation, opening and closing the grave, and a lot in the least expensive section of the cemetery. Cremation covers removal and transportation, professional fees, crematorium fees, and a secured death certificate or obituary.

What disqualifies you. 22 M.R.S. 4313(2), verbatim: "The parent, grandparent, children or grandchildren, by consanguinity, or the spouse or domestic partner are responsible for the burial or cremation costs of the eligible person in proportion to their respective abilities. When no legally liable relative possesses a financial capacity to pay either in lump sum or on an installment basis for the direct costs of a burial or cremation, the contribution of a municipality under this subsection is limited to a reasonable calculation of the funeral director's direct costs, less any and all contributions from any other source." Social Security and VA burial benefits are deducted from the municipal maximum; the one exception in the ordinance is up to $75 contributed toward an obituary notice, which is not deducted if a paid receipt is provided.

The official page ↗

2. If the death was caused by a crime. Maine Attorney General, Victims' Compensation Program, verbatim: "Funeral/ burial costs up to $4,500, costs of a marker up to $500".

Maine crime victim compensation ↗

3. Money the person was already owed. Search Maine's unclaimed property before you borrow anything. Searching and claiming are free.

Maine unclaimed property ↗

The funeral director carries the clock, not the family: 22 M.R.S. 4313(2) requires the director to notify the municipal overseer before burial or cremation, or by the end of 3 business days after receiving the body, whichever is earlier. The town then has 8 days after receiving the application to decide. The maximums roll every October 1, so the figure changes with the state fiscal year.

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 doesn't have an inheritance tax.

Maine doesn't impose an inheritance tax. This means that beneficiaries who inherit property from a deceased person in Maine don't 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 Working Families Tax Cuts Bill (Public Law 119-21, 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 doesn’t 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 Working Families Tax Cuts Bill (Public Law 119-21, 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 can't override an adult donor's decision.

In Maine, a registered organ donor decision is legally binding, and nobody else can amend or revoke it after your death (22 M.R.S. § 2948(1)). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (22 M.R.S. § 2948(6)). Organ procurement organizations still consult families in practice, so tell yours what you decided.

Source: 22 M.R.S. § 2948 (preclusive effect of anatomical gift) ↗