Who Inherits If You Die 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.

The surviving spouse of a person who died living in Maine may elect to take 50% of the marital-property portion of the augmented estate (which includes probate property and many nonprobate transfers). The marital-property portion grows with the length of the marriage, from 3% for under one year to 100% after 15 years. Homestead allowance, exempt property and family allowance are added on top of the elective share.

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.