Overview
York County is located in Maine with a population of approximately 220,143. The York 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-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 the statutory threshold (base $40,000, adjusted annually for inflation to approximately $51,100 for 2025/2026), successors may file a Small Estate Affidavit (Form DE-105) to collect assets without full probate administration.
Filing fees in Maine are based on the value of the estate. There is no statutory fee schedule for attorneys or personal representatives; fees must be "reasonable" based on the time and effort required.
This guide provides an informational overview of the York 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
York County Probate Court
Probate matters in York County are handled at the York County Courthouse.
Address: 45 Kennebunk Road, Alfred, ME 04002
Phone: (207) 324-1577 (Registry of Probate)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Court is located within the county government complex in Alfred. The Registry of Probate is responsible for processing all filings and maintaining records.
Parking and Access
There is a free public parking lot available directly at the courthouse complex in Alfred. Visitors must pass through security screening upon entering the building.
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 approximately $51,100 or less (adjusted for inflation), you may be able to use a Small Estate Affidavit (Form DE-105) after a 30-day waiting period.
- Survivorship/Beneficiary Designations: Assets held in joint tenancy or with named beneficiaries (like life insurance or payable-on-death accounts) pass directly to the survivor and do not require probate.
- 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-101) with the York County Probate Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Probate Information Sheet (Form DE-400)
- Filing fee (based on estate value)
- Acceptance of Appointment (Form DE-102)
Maine courts are transitioning to e-filing; check with the Registry of Probate for the latest e-filing requirements.
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 York County (such as the Portland Press Herald or Portsmouth Herald) once a week 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 (Form DE-103) which empower the Personal Representative to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors generally have 9 months to file claims, or 4 months if specific notice is provided).
- Inventory and appraise all estate assets within 3 months of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Sworn Statement of Personal Representative Closing Estate (Form DE-104) to close the matter.
Local Requirements
York County-Specific Procedures
- E-filing: Maine is implementing e-filing systems; verify with the York County Registry of Probate if mandatory e-filing applies to your case type.
- Bond requirements: A bond may be required unless the will waives it or all beneficiaries agree to waive it.
- Publication: Notice to creditors must be published in a newspaper of general circulation within York County, such as the Portland Press Herald or Sanford Springvale News.
- Mediation: Contested matters may be referred to mediation prior to a trial.
Always check with the Registry of Probate for the most current local rules and administrative orders.
Timeline & Fees
Filing Fees (York County)
Filing fees are determined by the value of the estate:
- Will for no probate: $15.00
- Will for probate (no appointment): $20.00
- 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 in increments based on value (e.g., $90 for up to $40k, $105 for up to $50k).
- Certified copies of Letters: approximately $10-$20 per copy
- Publication costs: approximately $150-$300 depending on the newspaper
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (informal): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period in Maine is generally 9 months from the date of death, which often sets the minimum duration for closing an estate.
Local Resources
York County Court Resources
- Court Website: yorkcountymaine.gov
- Probate Self-Help: courts.maine.gov
- Maine Probate Forms: mjbportal.courts.maine.gov
Legal Aid and Attorney Referrals
- Maine State Bar Association: (207) 622-7523 — Lawyer Referral Service
- Pine Tree Legal Assistance: (207) 774-8211 — Legal aid for qualifying low-income residents
- Maine Legal Services for the Elderly: 1-800-750-5353
Publication
- Portland Press Herald: (207) 791-6000 — Major regional paper
- Portsmouth Herald: (603) 436-1800 — Covers southern York County