How to Avoid Probate in Maine
The legal ways to pass property outside probate in Maine: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.
Short answer: Non-probate options include: transfer on death deeds for real estate, recorded before death (18-C M.R.S. §§ 6-406 to 6-409); joint and POD bank accounts, where sums pass to the surviving party or beneficiary (18-C M.R.S. § 6-212); 18-C M.R.S. §§ 6-409, 6-212, 6-302, 3-1201; 29-A M.R.S. § 663
| Ways to avoid probate | Non-probate options include: transfer on death deeds for real estate, recorded before death (18-C M.R.S. §§ 6-406 to 6-409); joint and POD bank accounts, where sums pass to the surviving party or beneficiary (18-C M.R.S. § 6-212); securities registered in transfer-on-death (beneficiary) form (18-C M.R.S. § 6-302); a revocable living trust (18-B M.R.S. § 602); the small estate affidavit for personal property (18-C M.R.S. § 3-1201); and automatic transfer of a married resident's registered vehicle to the surviving spouse (29-A M.R.S. § 663). |
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| Small estate affidavit | Personal property can be collected by affidavit if the entire estate, less liens and encumbrances, is no more than $40,000 adjusted for inflation ($52,500 for deaths in 2026), at least 30 days have passed since death, and no personal representative has been applied for or appointed. The person entitled presents the affidavit to whoever holds the property (banks, transfer agents for securities). This procedure covers personal property only, not real estate. Amended by P.L. 2025, ch. 76, which also requires the probate courts to post the adjusted figure each year. 2026 figure ($52,500; $51,100 for 2025 deaths) from the probate courts' cost-of-living table: https://www.maineprobate.net/Forms2019/Cost%20of%20living%20calculations%20under%20Section%201-108%20(2020%20-%202026).pdf Source: 18-C M.R.S. § 3-1201 |
| Transfer-on-death deed | Yes. Maine has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded before the owner's death in the registry of deeds for the county where the property is located. The owner needs the same mental capacity as for a will, and the deed can always be revoked. Revocability: https://legislature.maine.gov/statutes/18-C/title18-Csec6-406.html; capacity: https://legislature.maine.gov/statutes/18-C/title18-Csec6-408.html. A transfer on death deed is exempt from the real estate transfer tax declaration of value requirement (36 M.R.S. § 4641-D). |
More Maine estate law
- Medical Power of Attorney in Maine
- 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
- Affidavit of Heirship in Maine
- Transferring a Car After Someone Dies in Maine
- All Maine wills, probate and estate rules
FAQ
How can you avoid probate in Maine?
Non-probate options include: transfer on death deeds for real estate, recorded before death (18-C M.R.S. §§ 6-406 to 6-409); joint and POD bank accounts, where sums pass to the surviving party or beneficiary (18-C M.R.S. § 6-212); securities registered in transfer-on-death (beneficiary) form (18-C M.R.S. § 6-302); a revocable living trust (18-B M.R.S. § 602); the small estate affidavit for personal property (18-C M.R.S. § 3-1201); and automatic transfer of a married resident's registered vehicle to the surviving spouse (29-A M.R.S. § 663).
What is the small estate limit in Maine?
Personal property can be collected by affidavit if the entire estate, less liens and encumbrances, is no more than $40,000 adjusted for inflation ($52,500 for deaths in 2026), at least 30 days have passed since death, and no personal representative has been applied for or appointed. The person entitled presents the affidavit to whoever holds the property (banks, transfer agents for securities). This procedure covers personal property only, not real estate.
Does Maine allow transfer-on-death deeds?
Yes. Maine has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded before the owner's death in the registry of deeds for the county where the property is located. The owner needs the same mental capacity as for a will, and the deed can always be revoked.
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.