Overview
Franklin County is located in Maine with a population of approximately 30,902. The Franklin County Probate Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Maine probate is governed by Title 18-C (Maine Uniform Probate Code). The process begins with filing an Application for Informal Probate of Will and Appointment of Personal Representative (Form DE-101) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Maine offers a simplified procedure for small estates. If the value of the estate (less liens and encumbrances) does not exceed $40,000, successors may collect assets via a Small Estate Affidavit (Form AF-102) thirty days after the death, without full probate administration.
Maine law allows personal representatives to receive reasonable compensation for their services, typically ranging from 1% to 5% of the estate value, though this is not a fixed statutory percentage.
This guide provides an informational overview of the Franklin County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Franklin County Probate Court
Probate matters in Franklin County are handled at the Franklin County Courthouse.
Address: 140 Main Street, Suite 6, Farmington, Maine 04938
Phone: (207) 778-5888
Hours: Monday through Friday, 8:30 AM to 4:00 PM
Important Notice: Wednesday is a designated court day and services may be limited or unavailable during normal business hours.
The Probate Court is located in the county courthouse in downtown Farmington. The Register of Probate oversees filings and records.
Parking and Access
Parking is available on Main Street near the courthouse. Visitors pass through security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $40,000 or less (net of liens), you may be able to collect assets using Form AF-102 after a 30-day waiting period.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the survivor.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application or Petition
If probate is needed, file the appropriate forms with the Franklin County Probate Court. For informal probate, file Form DE-101 (Application for Informal Probate). Include:
- Original Will and codicils (if any)
- Certified death certificate
- Form DE-401 (Acceptance of Appointment)
- Filing fee (based on estate value)
- Form DE-104 (Notice of Appointment)
Maine Probate Courts utilize an electronic filing system, though paper filings are often accepted for initial petitions.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and devisees within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Franklin County (such as The Franklin Journal) once a week for two successive weeks.
Step 4: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and appraise all estate assets within 3 months of appointment.
- Pay valid creditor claims (creditors generally have 4 months from publication to file claims).
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- Close the estate by filing a Sworn Statement of Personal Representative Closing Estate (Form DE-601) no earlier than 6 months after appointment.
Local Requirements
Franklin County-Specific Procedures
- Electronic Filing: Maine has implemented a statewide e-filing system for probate courts. Check with the Register of Probate for current e-filing mandates.
- Notices: Notices to creditors are typically published in The Franklin Journal or the Sun Journal.
- Bond: A bond may be required unless the will waives it or all beneficiaries agree to waive it.
The court may require specific local forms or cover sheets; always check with the Register of Probate before filing.
Timeline & Fees
Filing Fees (Franklin County)
Filing fees in Maine are determined by the value of the estate:
- $0 – $10,000: $20
- $10,001 – $20,000: $40
- $20,001 – $30,000: $60
- $30,001 – $40,000: $75
- $40,001 – $50,000: $95
- $50,001 – $75,000: $125
- $75,001 – $100,000: $175
- $100,001 – $150,000: $225
- Over $500,000: $575 + $50 for every additional $50,000
- Certified Copies: $10 for certificate + $1 per page
- Filing Will (no probate): $15
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted for e-filing or with a convenience fee.
Estimated Timelines
- Simple estates: 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in Maine is 4 months from the date of first publication of the notice to creditors.
Local Resources
Franklin County Court Resources
- Court Website: franklincountymaine.gov
- Maine Probate Forms: courts.maine.gov
- Maine Probate Search: maineprobate.net
Legal Aid and Attorney Referrals
- Maine State Bar Association: (800) 860-1460 — Lawyer Referral Service
- Pine Tree Legal Assistance: (207) 774-8211 — Legal aid for low-income residents
- Legal Services for the Elderly: (800) 750-5353
Publication
- The Franklin Journal: (207) 778-2075 — Local newspaper
- Sun Journal: (207) 784-5411 — Regional newspaper