Affidavit of Heirship in Maine
Whether Maine lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Maine has no affidavit-of-heirship statute for real estate. Heirs are determined by the Probate Court: a petition for formal probate of a will, or for adjudication of intestacy, asks the court to determine the heirs after notice and hearing, and a petition may request an order… 18-C M.R.S. §§ 3-401, 3-402
| Affidavit / determination of heirship | Maine has no affidavit-of-heirship statute for real estate. Heirs are determined by the Probate Court: a petition for formal probate of a will, or for adjudication of intestacy, asks the court to determine the heirs after notice and hearing, and a petition may request an order determining intestacy and heirs without appointing an administrator. Source: 18-C M.R.S. §§ 3-401, 3-402 |
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| Who inherits without a will | Surviving spouse: the entire estate if the deceased left no descendants or parents, or if all of the deceased's descendants are also the spouse's and the spouse has no other descendants. If no descendants but a parent survives, the spouse takes a set dollar amount plus 3/4 of the rest. If all descendants are shared but the spouse has other descendants, the spouse takes a set dollar amount plus 1/2 of the rest. If the deceased has descendants who are not the spouse's, the spouse takes 1/2. For deaths in 2026 the set amounts are $394,000 and $131,300 (the statute's $300,000 and $100,000, adjusted yearly for inflation). Whatever does not pass to the spouse goes to descendants; if none, to parents; if none, to brothers and sisters and their descendants; then to grandparents' families. Inflation-adjusted amounts are published by the Maine probate courts: https://www.maineprobate.net/Forms2019/Cost%20of%20living%20calculations%20under%20Section%201-108%20(2020%20-%202026).pdf. Other heirs: https://legislature.maine.gov/statutes/18-C/title18-Csec2-103.html |
More Maine estate law
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- Small Estate Affidavit in Maine
- Power of Attorney in Maine
- Quitclaim Deeds and Transferring Property in Maine
- Who Inherits If You Die Without a Will in Maine
- How to Make a Valid Will in Maine
- How Probate Works in Maine
- Living Wills and Advance Directives in Maine
- Revocable Living Trusts in Maine
- Executor Duties in Maine
- Letters Testamentary in Maine
- How to Avoid Probate in Maine
- Transferring a Car After Someone Dies in Maine
- All Maine wills, probate and estate rules
FAQ
Does Maine have an affidavit of heirship?
Maine has no affidavit-of-heirship statute for real estate. Heirs are determined by the Probate Court: a petition for formal probate of a will, or for adjudication of intestacy, asks the court to determine the heirs after notice and hearing, and a petition may request an order determining intestacy and heirs without appointing an administrator.
Who inherits if someone dies without a will in Maine?
Surviving spouse: the entire estate if the deceased left no descendants or parents, or if all of the deceased's descendants are also the spouse's and the spouse has no other descendants. If no descendants but a parent survives, the spouse takes a set dollar amount plus 3/4 of the rest. If all descendants are shared but the spouse has other descendants, the spouse takes a set dollar amount plus 1/2 of the rest. If the deceased has descendants who are not the spouse's, the spouse takes 1/2. For deaths in 2026 the set amounts are $394,000 and $131,300 (the statute's $300,000 and $100,000, adjusted yearly for inflation). Whatever does not pass to the spouse goes to descendants; if none, to parents; if none, to brothers and sisters and their descendants; then to grandparents' families.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.