Small Estate Affidavit in Maine
How to collect a loved one's property in Maine without full probate: the dollar limit, waiting period and official form.
Short answer: 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. 18-C M.R.S. § 3-1201
| 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 |
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| Simplified probate | If the inventory shows the estate is no larger than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical expenses, the personal representative may distribute the estate right away without notice to creditors and close it with a sworn closing statement. Maine also offers informal (non-hearing) probate and appointment through the register of probate. For 2026 deaths, the homestead allowance is $29,500, exempt property $19,700 and family allowance $35,400 (inflation-adjusted, per https://www.maineprobate.net/Forms2019/Cost%20of%20living%20calculations%20under%20Section%201-108%20(2020%20-%202026).pdf). Source: 18-C M.R.S. §§ 3-1203, 3-301 |
| Deadline for creditor claims | Creditors must present claims within 4 months after the first publication of the notice to creditors (published once a week for 2 weeks). A creditor mailed notice has until the later of 4 months after publication or 60 days after the mailing. In any case, claims arising before death are barred if not presented within 9 months after death. Notice rules: https://legislature.maine.gov/statutes/18-C/title18-Csec3-801.html Source: 18-C M.R.S. §§ 3-801, 3-803 |
Official forms
- Maine Probate Code cost-of-living adjustments (small estate affidavit limit, allowances, spouse shares)
- Affidavit of Surviving Spouse or Personal Representative (MVT-22)
More Maine estate law
- Medical Power of Attorney 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
- How to Avoid Probate in Maine
- Transferring a Car After Someone Dies in Maine
- All Maine wills, probate and estate rules
FAQ
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.
Is there a simplified probate process in Maine?
If the inventory shows the estate is no larger than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical expenses, the personal representative may distribute the estate right away without notice to creditors and close it with a sworn closing statement. Maine also offers informal (non-hearing) probate and appointment through the register of probate.
How long do creditors have to file claims against an estate in Maine?
Creditors must present claims within 4 months after the first publication of the notice to creditors (published once a week for 2 weeks). A creditor mailed notice has until the later of 4 months after publication or 60 days after the mailing. In any case, claims arising before death are barred if not presented within 9 months after death.
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.