Settle a small estate in Maine without probate
In Maine this is called: Small estate affidavit (collection of personal property by affidavit); summary administrative procedure for small estates. If the whole estate, minus liens, is worth no more than a set amount, the person who inherits can collect personal property such as bank accounts by giving the holder a sworn affidavit 30 days after the death, without going to probate court.
Up to $52,500 (deaths from January 1, 2026 to December 31, 2026), 30 days after the death, no court filing.
Checked against official sources: October 30, 2026.
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Free tools
Small estate checker
Add up the estate and compare it with the Maine limit for the date of death.
Letter to a bank
Present your signed affidavit to a bank or other holder in Maine.
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for Maine, by procedure.
Car, bank, house in Maine
Car or other vehicle
A surviving spouse can title the vehicle in their own name with the old title (or a duplicate title application, MVT-8, with the fee waived), an Application for Certificate of Title (MVT-2) and a notarized Affidavit of Surviving Spouse or Personal Representative (MVT-22).
Bank accounts
Money in a joint account goes to the surviving owner, and a payable-on-death (POD) account goes to the named beneficiary, without probate.
House or land
An owner can sign a transfer on death deed so Maine real estate passes to named beneficiaries at death without probate. It must have the elements of a recordable deed, say that the transfer happens at the owner's death, and be recorded in the registry of deeds of the county where the property is before the owner dies.
Related pages
Small Estate Affidavit for Collection of Personal Property
A sworn statement you give to a bank, company or person holding the person's personal property, so they pay or deliver it to you. It is not filed with the court.
- Limit
Up to $52,500 (deaths from January 1, 2026 to December 31, 2026) Counted after subtracting liens (what is owed on the property).
Date of death Limit January 1, 2026 to December 31, 2026$52,500January 1, 2025 to December 31, 2025$51,100January 1, 2024 to December 31, 2024$49,700January 1, 2023 to December 31, 2023$47,700January 1, 2022 to December 31, 2022$44,200January 1, 2021 to December 31, 2021$42,200January 1, 2020 to December 31, 2020$41,700The law sets $40,000, adjusted every year for inflation by year of death. The adjusted amount is $52,500 for deaths in 2026, $51,100 for 2025, $49,700 for 2024, $47,700 for 2023, $44,200 for 2022, $42,200 for 2021 and $41,700 for 2020. The probate courts publish the amount each year.
- What counts
The value of the entire estate, wherever located, minus liens and encumbrances. Property that passes outside probate (joint, payable-on-death, beneficiary and trust property) is not part of the estate.
- Waiting period
Thirty days must have passed since the death.
- Who can use it
A person claiming to be the successor (someone entitled to the property under the will or Maine inheritance law), or someone acting for that person. No personal representative can have been appointed or applied for in any state.
- Court or where to file
Not filed with a court. You give it to the holder of the property.
- Notary
The probate court form AF-102 is sworn before a notary public or a Maine attorney.
- Papers to attach
- Certified copy of the death certificate (holders usually ask for one)
- Sworn affidavit
- Steps
- Wait until 30 days after the death.
- Check that the whole estate, minus liens, is within the amount for the year of death.
- Fill in form AF-102 and swear to it before a notary or attorney.
- Give the affidavit to the bank, company or person holding the property.
- Fee
No court fee; the affidavit is not filed with the court.
- Debts and responsibility
If you receive property with the affidavit, you must answer for it to any personal representative appointed later and to anyone with a better right to it.
- What the bank or holder must do
After 30 days the holder must pay or deliver the property on a proper affidavit, and a transfer agent must re-register securities. A holder who does so is released as if it dealt with a personal representative and does not have to check whether the statements are true. If the holder refuses, the people entitled to the property can bring a court proceeding to make it pay or deliver.
Law: 18-C M.R.S. secs. 3-1201, 3-1202, 1-108 (as amended by P.L. 2025, ch. 76)
Source: Official page
Small estates; summary administrative procedure (with a personal representative)
If a probate case is opened and the inventory shows the estate is worth no more than the family allowances, funeral costs and last-illness medical bills, the personal representative can pay it out right away without notice to creditors and close the estate with a sworn statement.
- Limit
There is no fixed dollar amount. The estate, minus liens, cannot be worth more than the total of the family allowances (for 2026 deaths: homestead allowance $29,500, exempt property $19,700, family allowance $35,400), administration costs, funeral costs and last-illness medical bills.
- What counts
The value of the entire estate, minus liens and encumbrances, compared with the total of the homestead allowance, exempt property, family allowance, costs of administration, reasonable funeral expenses and reasonable medical and hospital expenses of the last illness.
- Waiting period
A personal representative must first be appointed by the probate court and file an inventory.
- Who can use it
The personal representative appointed by the probate court.
- Court or where to file
Probate court of the county where the person lived.
- Notary
The closing statement is verified (sworn).
- Papers to attach
- Inventory and appraisal
- Closing statement for small estate
- Copy of the closing statement sent to all distributees and known unpaid creditors
- Steps
- Open a probate case and be appointed personal representative.
- Prepare the inventory and appraisal.
- If the estate qualifies, pay and distribute it to the people entitled to it.
- Send a copy of the closing statement and a full account to the distributees and known unpaid creditors.
- File the verified closing statement with the probate court.
- Fee
Probate filing fees are set by law; ask the county probate court.
- If you can't pay
You can ask the probate court to waive fees with an indigency affidavit.
Law: 18-C M.R.S. secs. 3-1203, 3-1204
Source: Official page
What counts toward the limit in Maine
Add up the value of everything in the person's probate estate, wherever it is located (including real estate), and subtract liens and mortgages. Leave out property that passes outside probate, such as joint accounts, payable-on-death accounts, trust property and life insurance with a named beneficiary.
Law: 18-C M.R.S. secs. 3-1201, 1-108
In this state the total is counted after subtracting liens.
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Bank accounts in the person's name alone, with no payable-on-death beneficiary, count. Law: 18-C M.R.S. sec. 3-1201(1)(A); 6-212(3) |
Joint or payable-on-death (POD) bank accounts | Left out | Money in a joint account goes to the surviving owner, and a payable-on-death account goes to the beneficiary, outside the estate. Law: 18-C M.R.S. sec. 6-212(1)-(2) |
Cars and other vehicles | Counts | A car in the person's name is part of the estate and counts at its value minus any loan. The BMV has its own steps for a spouse or heir to retitle it. Law: 18-C M.R.S. sec. 3-1201(1)(A) |
Boats and mobile or manufactured homes | Counts | A boat, camper or mobile home in the person's name counts at its value minus liens. Law: 18-C M.R.S. sec. 3-1201(1)(A) |
Real estate in Maine | Counts | Real estate in the person's name counts at its value minus mortgages. The affidavit itself can be used only to collect personal property. Law: 18-C M.R.S. sec. 3-1201(1)(A) |
Main home (primary residence) | Counts | The person's home, if in their name alone, counts at its value minus the mortgage. Law: 18-C M.R.S. sec. 3-1201(1)(A) |
Real estate in another state | Counts | The law counts the entire estate 'wherever located', so real estate in another state counts at its value minus mortgages. Law: 18-C M.R.S. sec. 3-1201(1)(A) |
Unpaid wages owed to the person | Counts | Unpaid wages owed to the person are part of the estate. Law: 18-C M.R.S. sec. 3-1201(1)(A) |
Military pay owed to the person | Not clear | Money owed by the U.S. military may be paid to a beneficiary named with the military, outside probate. Ask the probate court how to count it. Law: 18-C M.R.S. sec. 3-1201(1)(A) |
Life insurance or retirement money paid to a named person | Left out | Life insurance, retirement and other benefits with a named beneficiary pass outside probate and are not part of the estate. Law: 18-C M.R.S. sec. 6-101 |
Life insurance or retirement money paid to the estate | Counts | Benefits payable to the estate are part of the estate and count. Law: 18-C M.R.S. sec. 3-1201(1)(A) |
Property in a living trust | Left out | Property in a trust passes under the trust, not through the probate estate. Law: 18-C M.R.S. sec. 6-101 |
Property owned jointly with right of survivorship | Left out | Property held jointly with right of survivorship passes to the surviving owner. Law: 18-C M.R.S. sec. 6-101 |
Property going to a surviving spouse | Counts | Probate property that goes to the spouse under the will or inheritance law is still part of the estate. Property the spouse gets as a joint owner or named beneficiary is not. Law: 18-C M.R.S. sec. 3-1201(1)(A) |
Stocks, bonds and brokerage accounts | Counts | Stocks and brokerage accounts in the person's name alone count. Securities registered in beneficiary (TOD) form go to the beneficiary and are left out. Law: 18-C M.R.S. secs. 3-1201(2), 6-301 et seq |
Furniture, jewelry and other belongings | Counts | Furniture, jewelry and other belongings count at their value minus liens. Law: 18-C M.R.S. sec. 3-1201(1)(A) |
Source: Official page
Car or vehicle title after a death in Maine
A surviving spouse can title the vehicle in their own name with the old title (or a duplicate title application, MVT-8, with the fee waived), an Application for Certificate of Title (MVT-2) and a notarized Affidavit of Surviving Spouse or Personal Representative (MVT-22). If there is no surviving spouse, no surviving joint owner and no personal representative, an heir who is a Maine resident (such as a child, parent or sibling) can title it with the title, form MVT-2, a notarized MVT-22 from each heir, a lien release if the car was financed (or lienholder consent, MVT-27), and a statement from the probate court that no will has been probated.
Law: 29-A M.R.S. ch. 7
- Agency
- Maine Bureau of Motor Vehicles (Secretary of State), Division of Title Services
- Fee
For a surviving spouse, no title fee is charged if the person was a Maine resident and the vehicle was registered and titled in Maine (a $10 rush fee applies if you want rush service). For an heir, the title application fee is $33, plus $10 for rush service.
Source: Official page
Bank accounts after a death in Maine
Money in a joint account goes to the surviving owner, and a payable-on-death (POD) account goes to the named beneficiary, without probate. For an account in the person's name alone, the successor can use the small estate affidavit 30 days after the death if the whole estate, minus liens, is within the year's limit ($52,500 for 2026 deaths). The bank must pay on a proper affidavit and is then released.
Law: 18-C M.R.S. secs. 6-212, 3-1201, 3-1202
Source: form AF-102
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in Maine
- Real estate (TOD deed)
Yes · Transfer on death deed
An owner can sign a transfer on death deed so Maine real estate passes to named beneficiaries at death without probate. It must have the elements of a recordable deed, say that the transfer happens at the owner's death, and be recorded in the registry of deeds of the county where the property is before the owner dies.
Law: 18-C M.R.S. secs. 6-401 et seq. (Uniform Real Property Transfer on Death Act), 6-405, 6-409
- Bank account (POD)
Yes
Law: 18-C M.R.S. sec. 6-212(2)
- Securities (TOD)
Yes
Law: 18-C M.R.S. sec. 6-302
Source: Official page
Surviving spouse in Maine
A surviving spouse can retitle the person's vehicle with form MVT-22, usually with no title fee (BMV). In a probate case the spouse is entitled to a homestead allowance ($29,500 for 2026 deaths), exempt property ($19,700) and a family allowance ($35,400) (18-C M.R.S. secs. 2-402, 2-403, 2-405, 1-108; probate courts' 2026 table).
Debts of the person in Maine
A person who collects property with the small estate affidavit must answer for it to a personal representative appointed later and to anyone with a better right.
Law: 18-C M.R.S. sec. 3-1202
Medicaid estate recovery in Maine
MaineCare has a claim against the estate for benefits paid when the member was 55 or older (and in some other cases, such as assets that were not disclosed). No claim is made while there is a surviving spouse, a child under 21, or a blind or permanently disabled child. In Maine, 'estate' includes the probate estate and also other property the person had an interest in at death, such as property passing by survivorship, life estate, living trust or joint tenancy in personal property (but not joint tenancy in real estate or a qualified ABLE account). A claim must be waived for undue hardship or when collection would cost more than it recovers; MaineCare also has a care-given waiver for someone who lived with and cared for the member for two or more years.
Law: 22 M.R.S. sec. 14(2-I)
- Agency
- Maine Department of Health and Human Services, Office of MaineCare Services, Estate Recovery Unit
- Official page
- Official page
Who inherits with no will in Maine
If there is no will, the spouse gets everything if no descendant or parent survives, or if all descendants are also the spouse's and the spouse has no other descendants. If a parent but no descendant survives, the spouse gets the first $394,000 (2026 deaths) plus three-quarters of the rest. If the spouse has other descendants, the spouse gets the first $131,300 (2026) plus one-half. If some of the person's descendants are not the spouse's, the spouse gets one-half. The rest goes to descendants, then parents, then brothers and sisters and their descendants, then grandparents' families.
Law: 18-C M.R.S. secs. 2-102, 2-103, 1-108
Source: Official page
Death certificates in Maine
Requests must include photo identification and, if you are not listed on the record, proof of your relationship. The state fee is $15 for the search and one certified copy and $6 for each additional copy of the same record ordered at the same time; online orders through VitalChek add a processing charge. Town clerks also issue copies.
Law: 10-146 C.M.R. ch. 7
- Where to get it
- Maine Center for Disease Control and Prevention, Data, Research and Vital Statistics (Augusta), or the clerk of the town where the death happened
- Official page
- Official page
Where to file in Maine
The small estate affidavit is not filed with any court; you give it to the holder of the property. Probate cases, including the summary procedure for small estates, are filed in the probate court of the county where the person lived. Vehicles are retitled through the Bureau of Motor Vehicles.
Good to know in Maine
- Maine's small estate affidavit limit is adjusted every year for inflation: $52,500 for deaths in 2026 (18-C M.R.S. sec. 1-108; probate courts' 2026 table).
- Since 2025, each county probate court must publish the adjusted small estate amount on its website every year.
- Maine MaineCare estate recovery reaches some property outside probate, such as living trust property and joint personal property.
Changes in 2024–2026
P.L. 2025, ch. 76 (LD 1545, 132nd Legislature): added a cross-reference so the $40,000 small estate affidavit amount is expressly 'adjusted for inflation pursuant to section 1-108', and required each county probate court to publish the adjusted amount annually. Annual amounts: $49,700 (2024 deaths), $51,100 (2025), $52,500 (2026).
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in Maine
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- Pine Tree Legal Assistance
- Maine Probate Courts: probate forms
- Maine Probate Courts: cost-of-living amounts (including the small estate affidavit limit)
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372
More help on our sister sites
Questions about small estates in Maine
What is a small estate affidavit called in Maine?
In Maine this is called: Small estate affidavit (collection of personal property by affidavit); summary administrative procedure for small estates. If the whole estate, minus liens, is worth no more than a set amount, the person who inherits can collect personal property such as bank accounts by giving the holder a sworn affidavit 30 days after the death, without going to probate court.
What is the small estate limit in Maine?
Up to $52,500 (deaths from January 1, 2026 to December 31, 2026), 30 days after the death, no court filing.
How long do I wait in Maine?
Thirty days must have passed since the death.
Do I have to go to court in Maine?
Not filed with a court. You give it to the holder of the property.
How do I transfer a car after a death in Maine?
A surviving spouse can title the vehicle in their own name with the old title (or a duplicate title application, MVT-8, with the fee waived), an Application for Certificate of Title (MVT-2) and a notarized Affidavit of Surviving Spouse or Personal Representative (MVT-22).
What happens to a bank account after a death in Maine?
Money in a joint account goes to the surviving owner, and a payable-on-death (POD) account goes to the named beneficiary, without probate. For an account in the person's name alone, the successor can use the small estate affidavit 30 days after the death if the whole estate, minus liens, is within the year's limit ($52,500 for 2026 deaths).
Who inherits in Maine if there is no will?
If there is no will, the spouse gets everything if no descendant or parent survives, or if all descendants are also the spouse's and the spouse has no other descendants. If a parent but no descendant survives, the spouse gets the first $394,000 (2026 deaths) plus three-quarters of the rest.
Do I owe the person's debts in Maine?
A person who collects property with the small estate affidavit must answer for it to a personal representative appointed later and to anyone with a better right.
- 18-C M.R.S. sec. 3-1201 (Maine Revisor of Statutes)
- 18-C M.R.S. sec. 1-108
- Maine Probate Courts: Cost-of-living calculations under sec. 1-108 (2020-2026)
- Maine Probate Courts form AF-102
- 18-C M.R.S. secs. 3-1203, 3-1204
- Maine BMV: Death of an Owner
- Maine BMV: For Heir (Maine Resident)
- Maine BMV: For Surviving Spouse
- 22 M.R.S. sec. 14 (MaineCare estate claims)
- MaineCare Estate Recovery (DHHS)
- 18-C M.R.S. secs. 6-405, 6-409 (transfer on death deed)
- Maine Legislature testimony on LD 1545 (2025)
- Maine CDC: Order Vital Records