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ME · Probate Court

Maine

Small-estate-affidavit threshold and procedure under § 18-C M.R.S. § 3-1201.

Verified 2026-05-04
Personal property
$51,100
statutory cap
30-day wait

CPI-adjusted to $51,100 for 2025 deaths (statutory base $40K). P.L. 2025 c. 76 added court-publication requirement.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Maine's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: CPI-adjusted to $51,100 for 2025 deaths (statutory base $40K). P.L. 2025 c. 76 added court-publication requirement.

Waiting period
State requires 30 days to elapse from date of death (personal-property path) before filing.
Real property
Excluded — personal property only

The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).

03

Where to file

File with the Probate Court in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Maine judicial system operates an authoritative court locator.

Find your county’s Probate Court via the Maine judicial council website. Search for “Maine Probate Court county locator” or visit the state government court directory.

Note: in Maine, the small-estate affidavit is generally presented to the property holder (bank, brokerage, registrar) rather than filed with the court. The court named above is the venue for related probate matters and any contested questions.

04

Form & statute

Form
Statute
§ 18-C M.R.S. § 3-1201
https://legislature.maine.gov/legis/statutes/18-C/title18-Csec3-1201.html
small estate by affidavit