Overview
Hancock County is located in Maine with a population of approximately 57,000. The Hancock 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 a Petition for Formal Probate of Will or Appointment of Personal Representative (Form DE-201) 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 (adjusted for inflation), successors may collect assets via a Small Estate Affidavit (Form AF-102) thirty days after death without full probate administration.
Maine does not have a statutory fee schedule for attorneys or personal representatives; fees must be "reasonable" based on the time and complexity of the work.
This guide provides an informational overview of the Hancock 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
Hancock County Probate Court
Probate matters in Hancock County are handled at the Hancock County Courthouse.
Address: 50 State Street, Suite 6, Ellsworth, ME 04605
Phone: (207) 667-8434 (Registry of Probate)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Registry of Probate is located on the first floor of the county courthouse. The Register of Probate manages all filings and records.
Parking and Access
Public parking is available in the lot adjacent to the courthouse and along State Street. The building is accessible to persons with disabilities; security screening is required 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 (adjusted for inflation), you may be able to collect assets by affidavit 30 days after death.
- Survivorship/Joint Tenancy: Assets owned jointly with rights of survivorship pass automatically to the surviving owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Formal Probate of Will or Appointment of Personal Representative (Form DE-201) with the Hancock County Probate Court. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Probate Information Sheet (Form DE-400)
- Filing fee (based on the value of the estate)
- Notice of Appointment (Form DE-401)
E-filing is available and encouraged through the Maine Probate EZ-File system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing.
- Publish notice in a newspaper of general circulation in Hancock County (typically The Ellsworth American) for two successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters of Authority (Letters Testamentary or Letters of Administration).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims must be presented within 4 months of publication or 9 months of death)
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims and administrative expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Sworn Statement of Personal Representative Closing Estate (Form DE-602)
Local Requirements
Hancock County-Specific Procedures
- E-filing: Hancock County participates in the statewide Maine Probate EZ-File system. Attorneys are generally expected to e-file.
- Bond requirements: Bond may be required unless waived by the will or by all interested parties.
- Publication: Notice to creditors and interested parties is typically published in The Ellsworth American.
- Mediation: The court may refer contested matters to mediation prior to a hearing.
Always check with the Registry of Probate for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Hancock County)
Filing fees in Maine are based on the value of the estate:
- Small Estate Affidavit: $15.00
- Estates up to $10,000: $40.00
- Estates $10,001 - $20,000: $60.00
- Estates $20,001 - $30,000: $75.00
- Estates over $30,000: Fee increases incrementally (e.g., $95 for up to $40k, $125 for up to $50k, etc.)
- Certified copies of Letters: $10.00 + $1.00 per page
- Publication costs: Approximately $150-$200 depending on the newspaper
Payment Methods
The court accepts cash, checks, and money orders. Credit cards are accepted for e-filing via the online system (convenience fees apply).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
Creditors have 4 months from the date of first publication to file claims, which sets a minimum duration for administration.
Local Resources
Hancock County Court Resources
- Court Website: hancockcountymaine.gov
- Probate Self-Help: Maine Probate Courts
- Maine Probate Forms: Official Forms
Legal Aid and Attorney Referrals
- Hancock County Bar Association: Local referral information available via court clerk.
- Pine Tree Legal Assistance: (207) 942-8241 — Civil legal aid for low-income residents.
- Maine State Bar Lawyer Referral: mainebar.org
Publication
- The Ellsworth American: (207) 667-2545 — Primary legal organ
- Mount Desert Islander: (207) 288-0556 — Serving MDI area