A house or land without probate in Maine

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.

Checked against official sources: October 30, 2026.

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

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
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)

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).

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

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.