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State rules · Maine

Maine: estate, probate and Medicaid rules in one place

What applies in Maine, collected from the site’s state datasets: estate and inheritance tax, transfer-on-death deeds, small-estate procedure, Medicaid long-term-care rules, and state income tax on retirement income. Where the dataset holds a source, the entry links it with its effective marker and check date; where it does not, the entry shows its verification status and the reason.

Quick answers

Does Maine have a state estate tax?

State estate tax: Yes (Me. Rev. Stat. tit. 36 §§ 4102, 4103). Estate-tax exemption: $7,160,000 (Me. Rev. Stat. tit. 36 §§ 4102, 4103; 2026 deaths). Estate-tax top rate: 12% (Me. Rev. Stat. tit. 36 §§ 4102, 4103; 2026 deaths).

Does Maine have an inheritance tax?

Inheritance tax: No (Me. Rev. Stat. tit. 36 §§ 4102, 4103).

Can you use a transfer-on-death deed in Maine?

Transfer-on-death deed for real estate: Available — Transfer-on-death deed (18-C M.R.S. ch. 6, pt. 4 — Uniform Real Property Transfer on Death Act; enacted 2017 (PL 2017 c. 402); operative with the recodified Probate Code July 1, 2019).

What is the Medicaid look-back period in Maine?

Look-back period: 60 months for transfers made on or after February 8, 2006 (Maine transfer-of-assets law, H.P. 1023; Sixty-month rule applies to transfers made on or after February 8, 2006).

Does Maine tax Social Security benefits?

Social Security benefits: pending. Primary-source classification has not yet been completed for this income type.

State estate tax

Estate-tax dataset 2026.v2

State estate tax
YesVerified

Source: Me. Rev. Stat. tit. 36 §§ 4102, 4103 · Checked July 18, 2026

Estate-tax exemption
$7,160,000Verified

Source: Me. Rev. Stat. tit. 36 §§ 4102, 4103 · Effective: 2026 deaths · Checked July 18, 2026

Estate-tax filing threshold
$7,160,000Verified

Source: Me. Rev. Stat. tit. 36 §§ 4102, 4103 · Checked July 18, 2026

Estate-tax top rate
12%Verified

Source: Me. Rev. Stat. tit. 36 §§ 4102, 4103 · Effective: 2026 deaths · Checked July 18, 2026

Inheritance tax

Estate-tax dataset 2026.v2

Inheritance tax
NoVerified

Source: Me. Rev. Stat. tit. 36 §§ 4102, 4103 · Checked July 18, 2026

Transfer-on-death deed

Transfer-on-death deed for real estate
Available — Transfer-on-death deedVerified

Source: 18-C M.R.S. ch. 6, pt. 4 — Uniform Real Property Transfer on Death Act · Effective: enacted 2017 (PL 2017 c. 402); operative with the recodified Probate Code July 1, 2019 · Checked July 26, 2026

Controlling statute
18-C M.R.S. §§ 6-401 to 6-417Verified

Source: 18-C M.R.S. ch. 6, pt. 4 — Uniform Real Property Transfer on Death Act · Effective: enacted 2017 (PL 2017 c. 402); operative with the recodified Probate Code July 1, 2019 · Checked July 26, 2026

Small-estate procedure

Ceiling for deaths in the current year
$52,500Verified

Source: Maine Probate Code Cost-of-Living Adjustment under § 1-108 · Effective: estates of decedents dying in 2026 · Checked August 23, 2026

Statutory base and adjustment
$40,000 base, adjusted annuallyVerified

Source: 18-C M.R.S. § 3-1201 · Effective: amended by 2025 Public Law chapter 76 · Checked August 23, 2026

Wait before collection
30 daysVerified

Source: 18-C M.R.S. § 3-1201(1)(B) · Effective: current · Checked August 23, 2026

Recipient accountability
18-C M.R.S. § 3-1202Verified

Source: 18-C M.R.S. § 3-1202 · Effective: current · Checked August 23, 2026

Medicaid long-term-care eligibility

Medicaid dataset 2026.v16

Categorically needy nursing-care and HCBS income limit
$2,982 per month for 2026 (three times the maximum federal SSI payment for an individual)Verified
  • Applies to: individual applicant seeking nursing-facility or qualifying HCBS coverage.

Source: MaineCare Eligibility Manual, 10-144 C.M.R. Chapter 332, Charts 4.1 and 4.4 · Also: CMS 2026 SSI and spousal-impoverishment standards (December 9, 2025) · Effective: Secretary of State filing 144c332-App.-2025-101; nonsubstantive corrections May 20, 2026; Chart 4.1 sets the income limit at three times the maximum federal SSI payment; Chart 4.4 gives the spousal resource maximum by the federal formula and calls the spousal income standards an amount set by federal law · Checked November 14, 2026

Long-term-care applicant resource limit
Not yet verified
  • Applies to: individual applicant.

The reviewed primary material did not provide a current, effective-dated value or rule for this cell.

· Checked November 14, 2026 · Ask the state agency

Minimum community-spouse resource allowance
Not yet verified
  • Applies to: institutionalized applicant with a community spouse.

The reviewed primary material did not provide a current, effective-dated value or rule for this cell.

· Checked November 14, 2026 · Ask the state agency

Maximum community-spouse resource allowance
$162,660 for 2026Verified
  • Applies to: institutionalized applicant with a community spouse.

Source: MaineCare Eligibility Manual, 10-144 C.M.R. Chapter 332, Charts 4.1 and 4.4 · Also: CMS 2026 SSI and spousal-impoverishment standards (December 9, 2025) · Effective: Secretary of State filing 144c332-App.-2025-101; nonsubstantive corrections May 20, 2026; Chart 4.1 sets the income limit at three times the maximum federal SSI payment; Chart 4.4 gives the spousal resource maximum by the federal formula and calls the spousal income standards an amount set by federal law · Checked November 14, 2026

Community-spouse monthly maintenance-needs allowance
$2,705 minimum to $4,066.50 maximum per month (federal amounts, which Maine's Chart 4.4 adopts)Verified
  • Applies to: institutionalized applicant with a community spouse under Maine Chart 4.4's federal formulas.

Source: CMS updated 2026 SSI and spousal-impoverishment standards (April 27, 2026) · Also: MaineCare Eligibility Manual, 10-144 C.M.R. Chapter 332, Charts 4.1 and 4.4 · Effective: Minimum monthly maintenance-needs allowance effective 7-1-26; maximum effective 1-1-26 · Checked November 14, 2026

State-selected substantial home-equity limit
Not yet verified
  • Applies to: applicant subject to Maine's substantial-home-equity rule.

The reviewed primary material did not provide a current, effective-dated value or rule for this cell.

· Checked November 14, 2026 · Ask the state agency

Medicaid look-back

Medicaid dataset 2026.v16

Look-back period
60 months for transfers made on or after February 8, 2006Verified

Source: Maine transfer-of-assets law, H.P. 1023 · Effective: Sixty-month rule applies to transfers made on or after February 8, 2006 · Checked September 5, 2026

Transfer-penalty divisor
Not yet verified

The reviewed primary material did not provide a current, effective-dated value or rule for this cell.

· Checked September 5, 2026 · Ask the state agency

How the state administers the penalty
Divide uncompensated value by the current average monthly private-pay semiprivate-room rate. Maine recalculates that rate annually from facility cost reports with June 1 effective dates.Verified

Source: MaineCare Rule 302, Chart 4.3 penalty-divisor method · Effective: Effective June 5, 2023; annual rate effective dates begin June 1 · Checked September 5, 2026

Medicaid estate recovery

Medicaid dataset 2026.v16

Recovery scope
Maine limits recovery to nursing-facility services, home- and community-based services, and related hospital and prescription-drug services. Its expanded estate includes probate property and specified nonprobate interests, but excludes joint tenancy in real property.Verified

Source: MaineCare Benefits Manual Chapter VII, section 5 estate-recovery adoption · Also: Maine Revised Statutes, Title 22, § 14(2-I) · Effective: Effective February 20, 2022 · Checked November 14, 2026

Controlling authority
Maine Revised Statutes, Title 22, § 14(2-I) governs claims against MaineCare recipients' estates.Verified

Source: Maine Revised Statutes, Title 22, § 14(2-I) · Effective: Generated January 5, 2026; section history through PL 2023, c. 162 · Checked November 14, 2026

Exemptions and deferrals
A claim does not proceed until there is no surviving spouse and no surviving child who is under 21, blind, or permanently disabled.Verified

Source: Maine Revised Statutes, Title 22, § 14(2-I) · Effective: Generated January 5, 2026; section history through PL 2023, c. 162 · Checked November 14, 2026

Hardship waiver
Maine must waive all or part of a claim when collection would create undue hardship or cost more than the amount likely to be recovered. The statute does not allow hardship relief for an intentional divestment made to prevent recovery.Verified

Source: Maine Revised Statutes, Title 22, § 14(2-I) · Effective: Generated January 5, 2026; section history through PL 2023, c. 162 · Checked November 14, 2026

Lien practice
Maine does not impose liens, including pre-death liens on a member's home. After death the Department may file a claim in probate court against the estate, or a claim in any court of competent jurisdiction against property in which the member had an interest at death.Verified

Source: Maine Medicaid State Plan, Attachment 4.17-A (TN 18-0003) · Also: MaineCare Benefits Manual, 10-144 C.M.R. Chapter 101, Chapter VII, Section 5 (Estate Recovery), 5.04-1 · Effective: TN No. 18-0003; approved 8/8/18; effective 2/1/2018 · Checked November 14, 2026

State income tax on retirement income

Retirement-income tax dataset 2026.v4

Social Security benefits
Pending

Primary-source classification has not yet been completed for this income type.

Public pensions
Pending

Primary-source classification has not yet been completed for this income type.

Private pensions
Pending

Primary-source classification has not yet been completed for this income type.

IRA and 401(k) distributions
Pending

Primary-source classification has not yet been completed for this income type.

Military retirement pay
Pending

Primary-source classification has not yet been completed for this income type.

About this page

This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.

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