Overview
Washington County is located in Maine with a population of approximately 31,383. The Washington 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 Maine Revised Statutes Title 18-C (Probate Code). The process begins with filing a Petition for Formal Probate (Form DE-401) or Application for Informal Probate (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 valued at $51,100 or less (adjusted for inflation). This involves filing an Affidavit for Collection of Personal Property (Form DE-310).
Maine probate filing fees are based on the value of the estate, starting at $40 for estates under $10,000 and scaling up to $1,200+ for estates valued over $2 million.
This guide provides an informational overview of the Washington 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
Washington County Probate Court
Probate matters in Washington County are handled at the Washington County Probate Court.
Address: 85 Court Street, Machias, ME 04654
Phone: (207) 255-6591 (Registry of Probate)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Court is located in the county seat of Machias. The Registry of Probate handles all filings and records.
Parking and Access
Street parking is available near the courthouse. Public access is generally unrestricted during business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists entirely of personal property valued at $51,100 or less, successors may collect assets via affidavit 30 days after death.
- Summary Administration: For estates where the value does not exceed the homestead allowance, exempt property, family allowance, costs of administration, and funeral expenses.
- 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 (Form DE-401) or Application for Informal Probate (Form DE-201) with the Washington County Probate Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Filing fee (based on estate value)
- Acceptance of Appointment (Form DE-305)
- Any additional required documents
Maine Probate Courts utilize an official e-filing system at maineprobate.net.
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 (for formal probate)
- Publish notice in a newspaper of general circulation in Washington County once a week for two successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — creditors have 4 months from the date of first publication to file claims
- Inventory and appraise all estate assets within 3 months
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Washington County-Specific Procedures
- E-Filing: Filings are typically done online via the Maine Probate e-filing system.
- Bond requirements: Bond may be required unless waived by the will or the court.
- Mediation: Contested matters may be referred to mediation.
- Publication: Notice must be published in a newspaper of general circulation in Washington County for two successive weeks.
Follows Maine Uniform Probate Code; e-filing mandatory for most attorneys.
Timeline & Fees
Filing Fees (Washington County)
- Formal/Informal Probate: $40 to $1,200+ (based on estate value)
- Will for No Probate: approximately $15
- Certified copies of Letters: approximately $10 for first copy, $5 for subsequent
- Publication costs: approximately $150-$300 depending on the newspaper
- Estate Value Surcharges: Fees scale with estate value, capping at $1,200+ for estates over $2M
Maine entitles personal representatives to "reasonable compensation" rather than a fixed statutory percentage.
Payment Methods
The court accepts checks, money orders, and credit cards (via e-filing). Credit card payments may incur a processing fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The 4-month creditor claim period sets a minimum duration for closing the estate.
Local Resources
Washington County Court Resources
- Court Website: washingtoncountymaine.com
- Probate Self-Help: Maine Probate Court Forms & Instructions
- Maine Probate Forms: Official Forms
Legal Aid and Attorney Referrals
- Maine State Bar Association: (207) 622-7523 — Lawyer Referral Service
- Pine Tree Legal Assistance: (207) 255-8656 — Legal aid for low-income residents
- State Bar Lawyer Referral: mainebar.org
Publication
- Machias Valley News Observer: (207) 255-6561 — General circulation
- The Calais Advertiser: (207) 454-3561 — General circulation