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If the probate estate has a total value (value of probate assets minus any liens and encumbrances) of $51,100 or less (for deaths in 2025) and does not include any real property, then probate is not necessary.
How Long Does Probate Take in Maine? In Maine, probate can take about 9 - 18 months to complete. The larger and more complex an estate is, the longer it can take.
In Maine, if an estate is worth no more than $40,000, it is considered a small estate. Small estates can be wrapped up quickly by filing a document called a Small Estate Affidavit. This is usually a simple process, but there are some legal steps that must be taken before you can wrap up a small estate.
The tax is 8% on the amount between $7 million and $10 million; 10% on the amount between $10 million and $13 million, and 12% on the excess. For a nonresident decedent, a pro-forma federal Form 706 is required, showing all the property of the decedent, wherever located, which is subject to the federal estate tax.
Maine Inheritance Law for Children If you die with children but no spouse, your children will inherit everything. If you die with a spouse and descendants from you and your spouse, your spouse will inherit the first $50,000 of the intestate property, then half the remaining balance.
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If enough assets are categorized as nonprobate assets, that will ensure that the value of the probate estate remains below $51,100, making probate unnecessary. Some methods to help achieve this include jointly titling assets, fully funding a revocable trust, and naming pay-on-death beneficiaries for bank accounts.
The value of the decedents estate, less encumbrances and liens, must be less than $40,000 (indexed to inflation: $51,100 in 2025)

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