In Maine, if a person dies with a “small estate,” they do not need to go through the formal probate process. Instead, an affidavit can be signed affirming that the estate meets certain requirements. That affidavit can then be used to conduct the remaining affairs of the estate and collect assets. It does not get submitted to a probate court at all. This process is called the “Collection of personal property by affidavit” and is outlined in the Maine Probate Code (Title 18-C, §3-1201).
In order to use this affidavit,
- The decedent must have died at least 30 days prior to when the affidavit is signed
- The value of the decedent’s estate, less encumbrances and liens, must be less than $40,000 (as indexed for inflation: maximum value for a person dying in 2026 is $52,500. Current information can be found on www.maineprobate.net under the CPI-U Adjustments page)
- If the decedent cannot own real estate in his/her name alone
- The person signing the affidavit must be entitled as the claiming successor
- If a formal probate process has already been initiated with a Probate Court, this affidavit cannot be used
With this affidavit properly prepared and notarized, the claiming successor can receive the proceeds from accounts, pay final bills, and handle any remaining affairs of the estate while avoiding a formal probate process.
Does an attorney need to help you with this? Not necessarily, but it’s recommended. An attorney familiar with this process can confirm that all estate assets have been considered, prepare the affidavit, and guide you through the process.
Rev 1/26
The information presented on this website is general in nature and not intended to be legal advice. No attorney-client relationship will exist with JKS, LLC unless we agree in writing after a personal consultation. Please contact us for a consultation on your particular situation.
