Small estate checker for Maine
Enter the date of death and what the person owned. The page adds what the state counts and compares it with the limit for that date. It does not decide anything.
The limits this checker uses
These come from the state's law as we checked it. The checker picks the row that matches the date of death you enter.
Small Estate Affidavit for Collection of Personal 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 |
30 days after the death.
Also in Maine (not tested here)
These procedures have their own rules, so the checker does not test them. See the state page.
- Small estates; summary administrative procedure (with a personal representative)
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
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
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
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).
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.
- 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