The Maine Application for Informal Probate is the court form that asks the Register of Probate to recognize a will, name a personal representative, or both, so someone can legally settle a person’s estate after death. If the person who died left a valid will, you file Form DE-201(I), the Application for Informal Probate of Will or Appointment of Personal Representative. If there is no will, you file Form DE-101(I), the Application for Informal Appointment of Personal Representative (Intestate). Both forms carry the revision date Rev. 09/12/19 and run under Title 18-C of the Maine Revised Statutes.
This is the path most families take. Maine courts report that the large majority of estates move through the informal track rather than the slower, court-supervised formal process, because informal probate is handled by the Register without a judge and often clears the first review in a matter of days. One wrong answer, one missing heir, or one blank box can still bounce your filing back to you and add weeks to an already hard time. This guide walks you through every line so that does not happen to you.
Here is what you will learn in this guide:
- 📝 How to fill out each numbered item on the Maine informal probate application, line by line, in plain words.
- 📂 Which documents, names, and numbers to gather before you ever open the form.
- 💵 The exact graduated filing fee for your estate’s value, plus the extra costs that catch people off guard.
- 🏛️ How and where to file in your county’s Probate Registry, by mail or in person, and what proof to keep.
- ⚠️ The field-level mistakes that get applications rejected, and how to sidestep every one of them.
What the Form Is and Who Must File It
The Maine Application for Informal Probate is a sworn request, signed under penalty of perjury, that starts the process of settling a dead person’s estate. It does two jobs at once. First, if there is a will, it asks the Register to accept that will as the valid last word of the person who died. Second, it asks the Register to appoint a personal representative (the older word is “executor”), the person who will gather assets, pay debts, and hand out what is left.
The form goes to the Register of Probate in the county where the person lived, not to a judge, which is what makes it “informal.” Under 18-C M.R.S. §3-301, the application must contain specific facts: who died, when, where they lived, who the heirs are, and whether a will exists. The Register reviews the paperwork and, if everything fits, issues an order and Letters that prove the personal representative’s authority.
You must file this form if you are the person named in the will to serve, or if there is no will and you have priority to serve under 18-C M.R.S. §3-203, which ranks a surviving spouse first, then other heirs. Banks, creditors, and the State Tax Assessor can also apply in limited cases. You should not use the informal track if family members are fighting over the will, if the will’s validity is in doubt, or if the original will is lost, because those situations call for the formal process before a judge.
Think of Janet, whose mother died in Bangor leaving a clear will that names Janet as personal representative. Janet files DE-201(I) because a will exists. Her neighbor Tom, whose father died in Portland with no will at all, files DE-101(I) instead. Same court, same window, two different forms.
Before You Start: Documents and Information You Need
Gathering everything first saves you a second trip and a second wait. The Register cannot open your case until the file is complete, and a missing item can stall the whole estate.
- Certified death certificate. You need this to prove the death and the date. Order it from the Maine CDC Vital Records office; without it, the Register will not appoint anyone.
- The original will and any codicils (DE-201(I) only). The court wants the signed original, not a copy. A lost original forces you into formal probate and a much harder hearing.
- Full legal name and last address of the person who died. This sets venue and identity. A nickname or wrong town can send the file to the wrong county.
- Date of death and date of birth. These fix deadlines and confirm age. The age matters because filers age 55 and older trigger a notice to DHHS.
- Names, addresses, and relationships of all heirs and devisees. This is the most-skipped item. Leaving one heir off can void the appointment later.
- A rough value of the estate. You need this to pick the right filing fee tier. Guessing low and underpaying delays acceptance.
- List of Maine real estate the person owned alone. Real estate triggers an abstract recorded at the Registry of Deeds. Missing it clouds the property title.
- Your own name, mailing address, email, and phone. The Register contacts the applicant directly. A bad address means you miss notices about your own case.
- The name and address of the proposed personal representative. This is who will serve, even if that is you. A mismatch with the will’s named person draws questions.
- Filing fee payment. Bring a check or card per your county’s rules. No payment, no filing.
Marcus, an adult son in Lewiston, learned this the hard way. He drove an hour to the registry without a certified death certificate, only a funeral home copy, and had to come back a week later. Build your folder before you go.
Where to Get the Form and How to Access It
Maine probate forms live on the statewide Maine Association of Registers of Probate forms page, which hosts the official 2019-revision PDFs for every county. You can download DE-201(I) for a will or DE-101(I) for no will, print them, and fill them in by hand or type into the PDF. Many county registries also sell printed copies at the counter for a small charge.
Maine does not run a single statewide e-filing portal for these estate applications the way some states do. Probate in Maine is organized county by county, and each of the 16 counties has its own Probate Court and Register. That means you file in the county where the person lived, and you confirm that county’s exact submission rules before you mail or drive.
The form you want depends only on whether a valid will exists. Use DE-201(I) when there is a will, because that form has the extra items needed to admit the will and name the executor it chose. Use DE-101(I) when there is no will, because the court must instead appoint a representative by the priority ladder in the statute. Aisha, settling her late aunt’s estate in York County, found her aunt’s signed will in a safe deposit box, so she correctly downloaded DE-201(I) rather than the intestate version.
If you cannot afford the fee, ask the Register for the fee waiver form hosted by Pine Tree Legal Assistance, which lets you explain your finances and request that costs be waived. Filing the wrong form, or an outdated pre-2019 version, is a common reason a registry kicks paperwork back, so always pull the current Rev. 09/12/19 file.
Step-by-Step: How to Fill Out the Maine Informal Probate Application Line by Line
The numbered items below follow the intestate form DE-101(I), which shares almost every item with the will-based DE-201(I). Where DE-201(I) adds will-specific language, the guide flags it. Print clearly, use black ink, and answer every box even if the answer is “none” or “N/A.”
Caption: County, Docket Number, and Estate of [Name]
The top of page 1 asks for the county Probate Court, a docket number, and the Estate of the person who died. In plain words, this header tells the court which case this is and where it belongs. Write the county where the person lived at death in the first blank, leave the docket number empty because the clerk assigns it, and write the full legal name of the person who died after Estate of. For example, Estate of Margaret Anne Doe in the Penobscot County Probate Court.
A common edge case is a person who recently moved. You use the county of their true permanent home, their domicile, not a hospital or nursing facility in another county. The most common mistake here is writing your own name in the Estate of line; that names the wrong person and confuses the entire file. People often believe they must invent a docket number, but the registry creates it, so leaving it blank is correct.
Item 1: Full Legal Name of Applicant
This box asks for the full legal name of you, the person submitting the form. Write your complete legal name as it appears on your ID, first, middle, and last, not a nickname. For example, Janet writes Janet Marie Caldwell, not “Jan Caldwell.”
If you are an attorney filing for a client, the applicant is still the client, not you, and your details go in the attorney block on the last page. The most common mistake is using a shortened or married-versus-maiden name that does not match the signature later, which makes the Register question who is really applying. Many people think the applicant and the personal representative must be the same person, but they can differ, and the form keeps them in separate boxes for that reason.
Item 2: Address, Email, and Telephone of Applicant
This item asks where the court can reach you. Enter your full mailing address, a working email, and a phone number you answer. For example, 14 Birch Lane, Bangor, ME 04401, with your email and cell number on the lines below.
If you use a P.O. Box, list it, but add a physical address too if the county asks for one, because some notices ship by carrier. The common mistake is giving an old or seasonal address, which means you miss the court’s request for a correction and your case sits frozen. Filers often assume the court only writes to the personal representative, but the Register contacts the applicant directly, so your contact info must be live.
Item 3: Legal Interest of Applicant in the Estate
This box asks why you have the right to apply. Check all that apply from the choices: surviving spouse, domestic partner, heir such as a child or parent, creditor, or other. For example, Tom checks Heir because he is the son of the person who died.
If you are both a spouse and an heir under the will, you may check more than one box, since the form says “check all that apply.” The common mistake is checking nothing, which leaves the Register unable to confirm your standing and stalls the file. People wrongly think a distant relative or a friend can apply freely; you must actually fit one of these legal categories under 18-C M.R.S. §1-201(26).
Item 4: Name and Address of Personal Representative Sought
This item names the person you want appointed to run the estate, with mailing and legal addresses if they differ. Write that person’s full legal name and address; if it is you, write your own. For example, Janet Marie Caldwell, 14 Birch Lane, Bangor, ME 04401.
On DE-201(I), this person should match the executor the will names, unless that person has died or declined. The common mistake is naming someone with lower priority while a spouse or named executor is alive and willing, which invites an objection. Many filers think the court picks the representative for them; in informal probate, you propose the person, and the Register checks that they have priority.
Item 5: Relationship of Proposed Representative to Decedent
This box asks how the proposed representative is connected to the person who died. Check one: surviving spouse, domestic partner, other heir, creditor, or State Tax Assessor. For example, Janet checks Other heir because she is the daughter.
If the will names a friend with no family tie, you usually check “other” and rely on the will’s nomination on DE-201(I). The common mistake is checking a relationship that does not match the priority rules in 18-C M.R.S. §3-203, which can knock out the appointment. People often assume any adult child has top priority, but a surviving spouse generally outranks the children.
Item 6: Persons with Prior or Equal Right to Appointment
This item asks you to name anyone who has the same or a higher right to serve than the person you propose. Explain in the space who they are and why. For example, if two siblings share equal priority, write Brother, David Caldwell, has equal right and has signed a waiver.
The edge case is several equal heirs, where the others should renounce or consent in writing so the court knows there is no fight. The common mistake is leaving this blank when equal-priority relatives exist, which can later void the appointment for lack of notice. Filers think silence hides the issue, but the court learns of other heirs in item 11 anyway, so honesty here speeds things up.
Item 7: Full Legal Name of Decedent
This box asks for the complete legal name of the person who died. Write it in full, matching the death certificate exactly. For example, Margaret Anne Doe.
If the person used a maiden name or an alias on some assets, add it, often as “also known as,” so accounts match. The common mistake is a spelling that differs from the death certificate, which forces a correction before any Letters issue. People believe a familiar name is fine, but the bank and the Registry of Deeds match the exact legal name, so precision matters.
Item 8: Date of Decedent’s Death
This item asks the exact date the person died. Enter it in month, day, year form as printed on the death certificate, such as 03/14/2026. Copy it straight from the certified record.
If the death certificate lists a “found on” or approximate date, use the official date the certificate states. The common mistake is guessing a date that does not match the certificate, which the Register catches against the attached record. Many think a rough date is acceptable; the court ties deadlines, including the three-year limit, to this exact date.
Item 9: Date of Decedent’s Birth or Approximate Age
This box asks the birth date of the person who died, or an approximate age if you do not know the date. Enter the birth date in month, day, year form, like 07/02/1948, or write an age such as approximately 77.
The age here is important because it controls item 17: if the person was 55 or older, you must give DHHS notice. The common mistake is leaving this blank and missing the DHHS trigger, which can hold up the case while the state checks for benefits recovery. People assume age is just background detail, but it directly drives a required notice.
Item 10: Domicile of Decedent at Date of Death
This item asks the town or city of the person’s permanent home when they died. Write the municipality and state, such as Bangor, Maine. Domicile means their true, fixed home, not a temporary stay.
A common edge case is a “snowbird” who spent winters in Florida; if Maine was the permanent home, Maine is the domicile. The common mistake is listing the place of death, like a hospital, instead of the home town, which can send the case to the wrong county. Filers often confuse residence with domicile, but the form wants the permanent home that sets venue under 18-C M.R.S. §3-201.
Item 11a: Names and Addresses of Spouse, Partner, Children, and Heirs
This is the heart of the form. It asks for every heir: the spouse, registered domestic partner, children, and other heirs, with each person’s name, address, date of birth if under 18, and relationship. List them all in the grid. For example, David Caldwell, 9 Oak St, Orono, ME, son and Janet Marie Caldwell, 14 Birch Lane, Bangor, ME, daughter.
If an heir has died before the person who died, list that branch’s living descendants who now inherit in their place. This single item causes more rejected and reopened cases than any other, because leaving an heir off can void the appointment and force the estate to start over. People wrongly believe only the people named in a will matter; even with a will, the court wants the full heir list so everyone entitled to notice gets it.
Item 11b: Non-Registered Domestic Partner
This box asks whether there is a domestic partner who is not formally registered. Check YES or NO, and if yes, give the name and address. For example, check NO if the person who died was single with no partner.
The edge case is a long-term unmarried partner who shared a home; list them, because they may have rights under 18-C M.R.S. §1-201(14). The common mistake is skipping this box entirely, leaving the Register unsure whether a partner exists. Filers think only marriage counts, but Maine recognizes registered and certain unregistered partners, so the box must be answered.
Item 12: Real Estate in Maine
This item asks whether the estate includes real estate in Maine, and if so, where. Check YES or NO; if yes, list each town or city and county of the property. Do not list jointly held property that passes automatically to a survivor. For example, YES, single-family home, Bangor, Penobscot County.
The key edge case is a house owned jointly with right of survivorship, which is nonprobate and must be left off. The common mistake is listing survivorship property, which wrongly pulls it into the estate, or omitting solely owned land, which clouds the title later when an abstract should have been recorded. People assume all property goes through probate, but only assets the person owned alone in their own name belong here.
Item 13: Decedent Domiciled Outside Maine
This box asks whether the person lived outside Maine when they died. Check YES or NO; if yes, identify their property located in this county and say whether probate has started elsewhere. For example, a Florida resident who owned a cabin in Maine checks YES and lists the cabin.
This handles “ancillary” probate, where the main estate runs in another state but Maine assets still need handling. The common mistake is checking NO for an out-of-state resident, which hides the real venue question and can void the filing. Many assume Maine has no role for an out-of-state decedent, but Maine property still needs a Maine proceeding under 18-C M.R.S. §3-201.
Item 14: Prior Appointment of a Personal Representative
This item asks whether any court already appointed a representative who is still serving. Check YES or NO; if yes, give that person’s name and address. For example, most first-time filers check NO.
The edge case is an out-of-state estate where a representative was named in another state; disclose it. The common mistake is checking NO when an earlier appointment exists, which creates conflicting authority over the same estate. People think only Maine appointments count, but the form asks about any court, anywhere.
Item 15: Decedent Died More Than Three Years Ago
This box asks whether the person died more than three years before you are filing. Check YES or NO; if yes, state the circumstances that still allow the case under 18-C M.R.S. §3-108. For example, a death four years ago might be filed only to settle later-discovered property, with that reason written in.
Maine generally bars informal probate more than three years after death, with narrow exceptions. The common mistake is checking NO when the death was actually over three years ago, which the Register catches against item 8 and treats as a false statement on a sworn form. Filers wrongly think there is no deadline, but the three-year limit is real and strict.
Item 16: Demand for Notice
This item asks whether anyone has filed, or you know of, a demand for notice in this estate. Check YES or NO; if yes, list each person’s name and address. For example, a creditor who filed a formal demand goes here.
The edge case is an estranged relative who filed a demand to be told of any proceeding; they must be notified. The common mistake is ignoring a known demand, which means you fail to serve someone the law requires, voiding the smooth informal track. People assume notice is the court’s job, but item 17 makes the applicant responsible for serving these people.
Item 17: Notice Obligation and DHHS Notice
This item reminds you that you must notify anyone in item 16 and, if the person who died was 55 or older, the Department of Health and Human Services. Check the box asking the Register to serve these notices for you under Rule 4 if you want their help. For example, Janet checks the box so the registry mails the DHHS notice on her behalf.
The DHHS notice lets the state seek repayment for MaineCare benefits the person received, which is why the age 55 trigger from item 9 matters. The common mistake is skipping DHHS notice for an older decedent, which can later unwind the estate distribution. Many believe DHHS notice is optional; for a person 55 or older it is required.
Item 18: Publication of Notice to Creditors
This box lets you ask the Register to publish notice to creditors under 18-C M.R.S. §3-801. Check it if you want to start the clock that limits how long creditors have to make claims. For example, check it when the estate has unknown debts you want to cut off.
Publication starts a limited claim period, after which most late creditors are barred, which protects the heirs. The common mistake is skipping publication when debts may exist, leaving the estate open to surprise claims later. Filers think creditors can be ignored, but publishing actually shortens and ends the creditor window.
Item 19: Bond
This item asks about bond, a kind of insurance that protects heirs if the representative mishandles money. Check one: no bond required, a personal representative’s bond is attached, or an estate tax bond is attached. For example, when a will waives bond, check No bond is required.
The edge case is an out-of-state representative, where a county may still want a bond even if a will waives it. The common mistake is checking “no bond” when the heirs have not waived it and the court expects one, which delays appointment. People assume bond is always needed, but a will or heir consent often waives it under 18-C M.R.S. §3-603.
Item 20: Statement About Wills (Intestate Form)
On DE-101(I), this box asks you to confirm the will situation. Check (a) if you know of an unrevoked will and attach a statement of why it is not being probated, or check (b) if, after reasonable effort, you found no will. For example, Tom checks (b) because his father left nothing in writing.
On DE-201(I), this is where the will itself is offered for probate instead. The common mistake on the intestate form is checking (b) when a will actually exists, which is a false sworn statement. People think a will they dislike can be ignored; you must disclose any known will under 18-C M.R.S. §3-301(1)(D).
Item 21: Verification and Signature
This final item is your sworn statement, under penalty of perjury, that everything is true and that you submit to the court’s jurisdiction. Date it and sign on the Applicant line. For example, Janet writes 06/06/2026 and signs her full legal name.
The signature also asks the Register to make the findings required by 18-C M.R.S. §3-308 and appoint the person in item 4. The common mistake is leaving the date blank or signing a name that differs from item 1, which makes the verification invalid. People think a typed name counts as a signature; the registry wants your actual signature, and some counties require it before a notary.
Attorney Block and Fees Due
The last page holds an attorney block, used only if a lawyer represents you, and a fee section listing filing fee, mailing notices, publication, surcharge, abstracts, and other costs. Leave the attorney block blank if you file on your own. Enter the correct filing fee from the value tier, such as $190 for an estate between $50,001 and $75,000.
The edge case is an estate whose value is uncertain; estimate carefully and ask the registry how to handle later adjustments. The common mistake is underpaying the graduated fee, which holds acceptance until you pay the difference. Filers often think Maine probate is free; the fees in 18-C M.R.S. §1-602 are real and scale with estate value.
Three Filled-Out Examples Using Real Scenarios
These three scenarios show how different families complete the form from top to bottom.
Scenario 1: Janet, a daughter probating her mother’s will (DE-201(I))
| Form Section | What Janet Enters |
|---|---|
| Caption / Estate of | Estate of Margaret Anne Doe, Penobscot County Probate Court |
| Item 1, Applicant name | Janet Marie Caldwell |
| Item 3, Legal interest | Checks Heir (child) |
| Item 4, Representative sought | Janet Marie Caldwell, 14 Birch Lane, Bangor, ME 04401 |
| Item 7, Decedent name | Margaret Anne Doe |
| Item 10, Domicile | Bangor, Maine |
| Item 11a, Heirs | Janet and brother David, with addresses and relationships |
| Item 12, Real estate | YES, single-family home, Bangor, Penobscot County |
| Item 19, Bond | Checks No bond is required because the will waives it |
| Item 21, Signature | Signs Janet Marie Caldwell, dated 06/06/2026 |
Scenario 2: Tom, a son with no will (DE-101(I))
| Form Section | What Tom Enters |
|---|---|
| Caption / Estate of | Estate of Robert James Hale, Cumberland County Probate Court |
| Item 1, Applicant name | Thomas Robert Hale |
| Item 3, Legal interest | Checks Heir (child) |
| Item 6, Equal priority | Notes sister has equal right and signed a waiver |
| Item 7, Decedent name | Robert James Hale |
| Item 9, Birth date | 07/02/1948, triggering DHHS notice |
| Item 11a, Heirs | Tom and his sister, with addresses |
| Item 17, DHHS notice | Checks the box asking the Register to serve DHHS |
| Item 20, Will statement | Checks (b), no known will |
| Item 21, Signature | Signs Thomas Robert Hale, dated |
Scenario 3: Aisha, handling an out-of-state aunt with Maine property (DE-101(I))
| Form Section | What Aisha Enters |
|---|---|
| Caption / Estate of | Estate of Fatima Nasser, York County Probate Court |
| Item 1, Applicant name | Aisha Nasser |
| Item 3, Legal interest | Checks Heir (niece) |
| Item 7, Decedent name | Fatima Nasser |
| Item 10, Domicile | Boston, Massachusetts |
| Item 12, Real estate | YES, seasonal cabin, Wells, York County |
| Item 13, Out-of-state domicile | Checks YES, lists Maine cabin, notes MA probate pending |
| Item 14, Prior appointment | YES, Massachusetts representative already named |
| Item 19, Bond | Checks bond attached, as county requires for ancillary case |
| Item 21, Signature | Signs Aisha Nasser, dated |
How to File the Completed Form
You file in the Probate Registry of the county where the person who died lived, and Maine offers two main channels.
- By mail. Send the signed, dated application, the certified death certificate, the original will if any, and your fee payment to your county’s Probate Registry. Find the right county office through the Maine Probate Courts directory. Use certified mail so you have a record, and keep a full copy of everything you send.
- In person. Bring the same package to the registry counter during business hours. Staff can confirm your fee tier and accept payment on the spot. Ask for a date-stamped copy as your proof of filing.
The filing fee follows the graduated schedule in 18-C M.R.S. §1-602. The fee is $40 for an estate of $10,000 or under, rising through tiers such as $190 for $50,001 to $75,000, $325 for $100,001 to $150,000, and $700 for $500,001 to $750,000, up to $1,200 and beyond for the largest estates. A subsequent informal appointment costs $50, and copies of court records cost $1 per page. Accepted payment methods vary by county, so confirm whether your registry takes checks, cash, or cards before you go.
Processing time for a clean informal application is often quick, sometimes a few days to a couple of weeks, because no judge hearing is needed. Your proof of filing is your date-stamped copy or certified mail receipt, plus the Letters and order the Register issues once you are appointed. Keep the Letters safe, because banks and the Registry of Deeds will ask to see them.
What Happens After You File
Once you file, the Register reviews the application to confirm it is complete, that you have priority, and that the three-year window is met. If everything fits, the Register issues a Statement of Informal Probate or Informal Appointment and gives you Letters, the document that proves your authority to act for the estate. This usually happens without you ever appearing before a judge.
After appointment, your job as personal representative begins. You must send notice to heirs and devisees within 30 days, give the required DHHS notice for a decedent 55 or older, and, if you chose item 18, publish notice to creditors to start the claim period. You then gather assets, file an inventory, pay valid debts and taxes, and distribute what remains under the will or the intestacy rules.
If the Register finds a problem, such as a missing heir, an unsigned verification, or a fee shortfall, your application can be denied or held for correction. A serious dispute, like a challenge to the will, can push the whole matter into formal probate before a judge. Marcus, the Lewiston son, found that one missing signature delayed his appointment by two weeks, time he could not get back during an already stressful season.
Mistakes to Avoid When Filling Out the Form
- Leaving an heir off item 11a; this can void the appointment and force the estate to reopen.
- Writing your own name in the Estate of line; this names the wrong person and confuses the file.
- Using a nickname instead of full legal names; this breaks the match against the death certificate and bank records.
- Listing survivorship property in item 12; this wrongly drags nonprobate assets into the estate.
- Checking NO in item 13 for an out-of-state decedent; this hides the real venue question and can void the filing.
- Checking NO in item 15 when the death was over three years ago; this is a false sworn statement caught against item 8.
- Skipping the DHHS notice in item 17 for a decedent 55 or older; this can later unwind the distribution.
- Underpaying the graduated fee from item 24; this holds your case until the balance is paid.
- Filing an outdated pre-2019 form; this gets your paperwork rejected at the counter.
- Filing in the wrong county; this sends your application to a court with no authority over the estate.
- Forgetting the certified death certificate; the Register cannot appoint anyone without it.
- Leaving the verification undated or unsigned in item 21; this makes the whole sworn application invalid.
Do’s and Don’ts
Do’s
- Do use the current Rev. 09/12/19 form, because an old version draws a rejection.
- Do copy names and dates straight from the death certificate, because the court cross-checks them.
- Do list every heir and devisee, because complete notice protects your appointment.
- Do confirm your county’s payment methods first, because rules differ across the 16 counties.
- Do keep a date-stamped copy or certified mail receipt, because that is your proof of filing.
- Do ask the Register to serve notices in item 17, because they can mail the DHHS notice for you.
Don’ts
- Don’t guess the estate value low, because underpaying the fee stalls acceptance.
- Don’t use informal probate for a contested will, because that belongs in formal probate.
- Don’t list jointly held survivorship property, because it is nonprobate and skews the estate.
- Don’t skip item 6 when equal-priority heirs exist, because hidden heirs can void the case.
- Don’t sign a name that differs from item 1, because the verification will not match.
- Don’t mail the only original will without tracking, because a lost original forces a hard formal hearing.
Pros and Cons of Filing on Your Own vs. With Help
| Filing Pro Se (On Your Own) | Filing With an Attorney |
|---|---|
| Saves money, because you avoid hourly legal fees on a simple estate. | Costs more, but spreads risk on a complex or large estate. |
| Faster to start, because you control the timeline and filing date. | Slower to start, but the lawyer catches errors before they cause delay. |
| Builds your understanding, because you learn the estate firsthand. | Less learning, but far less stress during a hard time. |
| Works well for clean, uncontested estates with clear heirs. | Better for contested wills, missing heirs, or out-of-state property. |
| Full control over every decision and document you submit. | Shared control, but expert judgment on bonds, taxes, and notices. |
| Risk of a rejected filing if you miss a field or fee. | Lower rejection risk, because the attorney knows each county’s habits. |
FAQs
Do I file DE-201(I) or DE-101(I)?
Yes to DE-201(I) if a valid will exists, and use DE-101(I) when there is no will. The presence of a signed original will decides which form you submit.
Do I have to file informal probate at all?
No, not for very small estates that qualify for a small-estate affidavit or for assets that pass by joint ownership or beneficiary designation outside probate.
Do I write the decedent’s nickname or full legal name in item 7?
No, never use a nickname. Write the full legal name exactly as it appears on the certified death certificate, adding “also known as” only if assets use another name.
Do I list a house owned jointly with my spouse in item 12?
No, do not list survivorship property. Item 12 covers only Maine real estate the decedent owned alone, since jointly held property passes outside probate.
Do I check YES in item 13 if the decedent lived in another state?
Yes, check YES and list the Maine property. This opens an ancillary proceeding so Maine assets can be handled even when the main estate is elsewhere.
Do I need to notify DHHS in item 17?
Yes, if the decedent was 55 or older, because the state may seek MaineCare recovery. You can ask the Register to serve that notice for you.
Do I have to pay a filing fee?
Yes, Maine uses a graduated fee under 18-C M.R.S. §1-602, from $40 for estates of $10,000 or under up to $1,200 and more for the largest estates.
Do I write my own name in the Estate of line?
No, that line holds the decedent’s full legal name. Your name as applicant goes in item 1, and the two should never be swapped.
Do I need the original will or is a copy fine?
No, a copy is not enough for DE-201(I). The court wants the signed original, because a lost original can push the case into formal probate.
Do I still file if the person died more than three years ago?
No, usually not, because Maine bars informal probate after three years except in narrow situations you must explain in item 15.
Do I file in any county I choose?
No, you file in the county where the decedent was domiciled at death. Filing elsewhere sends the case to a court without authority over the estate.
Do I need a bond if the will waives it?
No, a will or heir consent can waive bond under 18-C M.R.S. §3-603, though some counties still require one for an out-of-state representative.
Do I have to appear before a judge for informal probate?
No, the Register handles informal probate without a judge, which is why a clean application can clear in days rather than months.
Do I sign in front of a notary?
Yes in some counties, because the verification in item 21 is sworn under penalty of perjury. Confirm your county’s rule before you sign the form.
Related reading
- How to Fill Out the Alaska Application for Informal Probate (Forms P-315 & P-325) + FAQs
- How to Fill Out Hawaii Application for Informal Probate (Form 4-2) + FAQs
- How to Fill Out Maine’s Final Account and Petition for Distribution + FAQs
- How to Fill Out the Maine Probate Inventory and Appraisement of the Estate (Form DE-405) + FAQs
- How to Fill Out Maine Small Estate Affidavit (w/Examples) + FAQs
- How to Fill Out New Hampshire Petition for Probate of Will + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs