Maine Probate Bonds,
Handled Simply.

Probate in Maine is handled by a county Probate Court in each of the state's 16 counties. Maine is unusual in keeping its probate courts at the county level, each with an elected judge of probate and register of probate. Most estates move through informal probate, which the register handles without a hearing, while contested or complex estates go through formal probate before the judge.

Maine adopted the Uniform Probate Code, recodified as Title 18-C effective September 1, 2019. The estate fiduciary is called the personal representative, known as an executor when named in a will and an administrator when appointed without one. The bond rules sit in Sections 3-603 through 3-606.

Maine imposes its own estate tax on larger estates, with an exemption around $7,000,000 and rates from 8 to 12 percent, which is separate from the federal estate tax and is why Maine has a dedicated estate tax bond.

When a Maine bond is required, the amount is set under 18-C M.R.S. Section 3-604:

• Estate value plus a year of income: The bond is set at the estimated value of the estate plus the income the estate is expected to earn during the next year.
• Reduced by secured deposits: No bond is required of a personal representative who has deposited cash or collateral with a state agency to secure performance, and the court can otherwise reduce the amount.
• Names the State as obligee: Under Section 3-606, the bond names the State of Maine as obligee for the benefit of the persons interested in the estate, and sureties are jointly and severally liable with the personal representative.
• Separate estate tax bond: Under Title 36 Section 4118, when estate tax may be due and is not already secured by a lien, the Probate Court requires a bond payable to secure payment of all Maine estate taxes and interest.

Maine follows the Uniform Probate Code, so a bond is the exception rather than the rule. Under 18-C M.R.S. Section 3-603:

• No bond in informal probate: No bond is required of a personal representative appointed in informal proceedings, which covers most estates.
• Unless the will requires one: A bond is required when the will appointing the personal representative expressly calls for a bond.
• Special administrators: A bond is required on the appointment of a special administrator.
• On demand by an interested person: Under Section 3-605, an interested person can demand a bond, and the court may then require one if it is satisfied the bond is desirable.
• Formal proceedings: In a formal proceeding the court may order a bond, but not where the will relieves the personal representative of bond, unless an interested party requests it and the court finds it desirable. A required bond may be dispensed with if the court determines it is not necessary.

Filing a Maine probate bond, when one is required, follows Title 18-C and county Probate Court practice:

• Filed before you act: A personal representative may not exercise any authority until a required bond is filed with the court, so the bond goes in with or right after the appointment.
• Filed in the right county: The bond is filed with the Probate Court in the county where the decedent was domiciled at death, with the register of probate.
• Names the State of Maine: The bond names the State of Maine as obligee for the benefit of interested persons and is conditioned on the faithful discharge of the personal representative's duties.
• Estate tax bond when needed: A separate estate tax bond may be required under Title 36 to secure Maine estate tax, unless the tax is already secured by a lien or other adequate security.
• Surety remedies: Under Section 3-606, an interested person may proceed against the surety for a breach, and the bond may be proceeded against from time to time until the penalty is exhausted.
• Bond stays in force: The bond remains in effect while the personal representative serves and until the estate is closed and the court discharges the fiduciary.

A bond is often not needed in Maine, so many estates pay no bond premium at all. When a bond is required by the will, the court, or to secure estate tax, the cost is a premium paid to the surety company:

• Typical rate range: Most Maine probate bonds are priced at roughly 0.5% to 1% of the bond amount per year for well-qualified applicants. A $100,000 bond commonly costs between $500 and $1,000 per year.
• Instant issue on smaller bonds: Many sureties issue smaller probate bonds quickly with a premium based on the bond amount rather than a full credit review.
• Minimum premium: Many sureties apply a minimum premium of about $100 to $150 for small bonds.
• Prepay options: Some sureties let you prepay several years to save money, though premiums are generally not prorated or refunded if the estate closes early.
• Annual renewal: Maine estates can stay open across more than one year, so the premium is charged annually until the court discharges the personal representative.
• Premium as an estate expense: Maine courts generally allow the bond premium to be paid from estate assets as a cost of administration.

Beyond the standard personal representative bond, Maine probate practice uses several additional bond types:

• Estate Tax Bond: A bond payable to secure Maine estate tax and interest, required under Title 36 when the tax is not otherwise secured by a lien or adequate security.
• Special Administrator Bond: A bond is required whenever the court appoints a special administrator to preserve estate assets before a general personal representative is appointed.
• Guardian Bond: A guardian responsible for the property of a minor or an incapacitated person may be required to post a bond tied to the value of that property.
• Conservator Bond: A conservator appointed to manage a protected person's estate posts a bond set by the Probate Court.
• VA Fiduciary Bond: A fiduciary appointed to manage benefits for a veteran answers to both the Maine court and the federal Department of Veterans Affairs, and the bond may reflect both the estate and the benefits under management.

Maine does not run a licensing board for private professional fiduciaries, but its Uniform Probate Code places clear duties on every personal representative:

• Authority on appointment: A personal representative receives Letters from the register or judge of probate and may not act until any required bond is filed.
• Court protection power: Even where no bond is required at first, an interested person may demand a bond under Section 3-605, and in a formal proceeding the court may order one to protect the estate.
• Fiduciary standard: Under Section 3-703, the personal representative is a fiduciary who must settle and distribute the estate as expeditiously and efficiently as is consistent with the best interests of the estate.
• Guardians and conservators: A guardian or conservator serves under continuing Probate Court supervision, files inventories and accountings, and maintains any bond the court sets.
• Corporate fiduciaries: A bank or trust company authorized to act as a fiduciary may serve, with the court overseeing its accounts as with any other personal representative.

• Androscoggin, Probate Court (Auburn)
• Aroostook, Probate Court (Houlton)
• Cumberland, Probate Court (Portland)
• Franklin, Probate Court (Farmington)
• Hancock, Probate Court (Ellsworth)
• Kennebec, Probate Court (Augusta)
• Knox, Probate Court (Rockland)
• Lincoln, Probate Court (Wiscasset)
• Oxford, Probate Court (South Paris)
• Penobscot, Probate Court (Bangor)
• Piscataquis, Probate Court (Dover-Foxcroft)
• Sagadahoc, Probate Court (Bath)
• Somerset, Probate Court (Skowhegan)
• Waldo, Probate Court (Belfast)
• Washington, Probate Court (Machias)
• York, Probate Court (Alfred)