Small estate affidavit in Maine: who can use it and how

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.

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.

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	$52,500
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

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.

Forms

Law: 18-C M.R.S. secs. 3-1201, 3-1202, 1-108 (as amended by P.L. 2025, ch. 76)

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

Questions about small estates in Maine

How long must I wait to use the affidavit in Maine?

Thirty days must have passed since the death.

What does the affidavit cost in Maine?

No court fee; the affidavit is not filed with the court.

Am I responsible for debts if I use the affidavit in Maine?

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.

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.