Estate Planning Checklist for Maine Residents

A Maine estate plan isn't a single document — it's a coordinated set of legal instruments that work together under Title 18-C of the Maine Revised Statutes. Skip one piece and the whole structure has a gap your family will discover at the worst possible moment.

Here's what a complete Maine estate plan actually requires, in the order you should tackle it.

Step 1: Inventory Your Assets and How They're Titled

Before you draft anything, list every asset you own and note exactly how it's titled. In Maine's common-law property system, title determines everything — assets titled solely in your name pass through probate, while jointly titled assets or those with beneficiary designations bypass it entirely.

Pay special attention to:

• Real estate (primary home, seasonal camp, rental property) — check whether deeds say "joint tenancy with right of survivorship" or "tenancy in common"
• Bank and investment accounts — note whether POD (payable-on-death) or TOD (transfer-on-death) designations are in place
• Retirement accounts and life insurance — verify named beneficiaries are current
• Vehicles, boats, and recreational vehicles — Maine BMV requires Form MVT-22 for heir transfers

This inventory drives every decision that follows. A $400,000 home titled solely in one spouse's name will enter probate regardless of what the will says.

Step 2: Execute a Valid Maine Will

Maine requires two witnesses for a valid will — the testator must sign (or direct someone to sign on their behalf) in the presence of two competent adult witnesses who also sign. Adding a self-proving affidavit (signed before a notary) eliminates the need for witnesses to appear in probate court later.

Your will should address:

• Distribution of probate assets
• Nomination of a personal representative (executor)
• Guardian nomination for minor children
• Specific bequests (family heirlooms, the camp property)

Maine recognizes a statutory will form, but most estate plans benefit from a more detailed document tailored to your situation.

Step 3: Set Up Probate-Avoidance Transfers

For estates exceeding the $52,500 small estate threshold (2026 adjusted limit), probate takes 9-12 months on the informal track. You can bypass it for most assets:

• Transfer on Death Deeds (TODDs) — record one at your county registry of deeds to pass real estate directly to beneficiaries at death, without losing any lifetime control
• POD/TOD designations — add to bank accounts, brokerage accounts, and CDs
• Beneficiary updates — ensure every retirement account and life insurance policy names current beneficiaries with contingent backups

These transfers also protect assets from MaineCare estate recovery, which only reaches probate assets in Maine.

Step 4: Execute Advance Health Care Directive and Financial POA

Two separate documents cover incapacity planning:

Advance Health Care Directive — combines a healthcare power of attorney (naming an agent to make medical decisions) with your individual healthcare instructions (living will). Requires two adult witnesses. Your healthcare agent cannot be a witness, and neither can employees of your residential care facility.

Durable Financial Power of Attorney — authorizes someone to manage your finances if you become incapacitated. Must be signed before a notary public under Maine's Uniform Power of Attorney Act. Must include the statutory warning notices to both principal and agent.

Step 5: Address Maine-Specific Considerations

Several issues are unique to Maine:

• Estate tax planning — Maine's exemption is $7.16 million in 2026, but there's no spousal portability. If you're married with combined assets approaching this threshold, you need credit shelter trust planning.
• MaineCare protection — if you're 55+, structure assets outside probate now, well before the 60-month look-back window
• Camp property — multi-generational Maine camps with unclear title chains need deed review and possibly a quiet title action before you can effectively plan

What This Costs (DIY vs. Attorney)

A Maine estate planning attorney typically charges $1,500-$3,500 for a basic estate plan and $3,000-$7,000+ for plans involving trusts or complex asset structures. DIY planning works well for straightforward situations — a single home, named beneficiaries on accounts, no blended family complications.

The Maine Basic Estate Planning Kit walks you through every step above with state-specific instructions, worksheets, and the exact forms and filing requirements under the 2026 Maine Uniform Probate Code.

See more Maine guides →