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).

Checked against official sources: October 30, 2026.

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

Do bank accounts count toward the small estate limit?

Kind of propertyHow it is treatedDetails
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)

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.

FDIC insurance after a death

After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured. After six months, coverage is based on who actually owns the money.

Law: 12 CFR 330.3(j)

Transfer-on-death (TOD) and payable-on-death (POD) in Maine

Bank account (POD)

Yes

Law: 18-C M.R.S. sec. 6-212(2)

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

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).

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 deathLimit
January 1, 2026 to December 31, 2026
$52,500
January 1, 2025 to December 31, 2025
$51,100
January 1, 2024 to December 31, 2024
$49,700
January 1, 2023 to December 31, 2023
$47,700
January 1, 2022 to December 31, 2022
$44,200
January 1, 2021 to December 31, 2021
$42,200
January 1, 2020 to December 31, 2020
$41,700

The 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
  1. Wait until 30 days after the death.
  2. Check that the whole estate, minus liens, is within the amount for the year of death.
  3. Fill in form AF-102 and swear to it before a notary or attorney.
  4. 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

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).

Letters to a bank

Use the free tools below to ask a bank for the balance on the date of death or to present a signed small estate affidavit.

Related pages

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.