Maine Small Estate Affidavit: $52,500 Limit, 30-Day Wait and Form

In Maine, a successor can collect a deceased person's personal property with a small estate affidavit under 18-C M.R.S. § 3-1201 once 30 days have passed since the death, if the entire estate, less liens and encumbrances, does not exceed $40,000 adjusted for inflation. For a person who died in 2026, the Maine Probate Courts list that adjusted figure as $52,500.

Nothing is filed with a court. You sign the official affidavit under oath and present it to the bank, employer or other holder of the property. To compare Maine with other states, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers collection of personal property by affidavit under the Maine Probate Code (18-C M.R.S. §§ 3-1201 and 3-1202), the inflation adjustment in § 1-108, the summary procedure for small estates (§§ 3-1203 and 3-1204), Social Security payments to relatives (§ 3-1205), and the Bureau of Motor Vehicles' rules after an owner's death. It does not cover full probate administration, who inherits under Maine intestacy law, estate tax, or other states' rules. For opening an estate, see our Maine probate guide.

The Maine small estate limit: $40,000 in the statute, $52,500 for 2026 deaths

Section 3-1201 sets the cap this way:

"The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $40,000, adjusted for inflation pursuant to section 1-108" (18-C M.R.S. § 3-1201)

The $40,000 is a base figure, not the current limit. Section 1-108 adjusts it using the Consumer Price Index for the calendar year before the year of death, measured against a 2017 base and rounded to $100, for anyone who died after 2018. The Maine Probate Courts publish the resulting figures by year of death:

For other years, check the Maine Probate Courts' cost-of-living table. Use the year the person died, not the year you sign the affidavit.

The Legislature made the adjustment explicit in 2025. PL 2025, c. 76 (LD 1545) amended § 3-1201 to add the cross-reference to § 1-108 and a new requirement that each county probate court publish the adjusted value on its website every year. Testimony on the bill explained that the figure was already indexed and the section simply did not say so: "this bill adds a cross-reference to that statute."

What counts toward the cap. The test is the value of the "entire estate, wherever located," after subtracting liens and encumbrances. Section 3-1201 does not say whether jointly owned accounts, payable-on-death or transfer-on-death assets, trust property, life insurance or real estate count toward the cap. If the estate is near the limit or includes those kinds of assets, ask the probate court in the county where the person lived how it treats them before you sign.

The 30-day wait and the no-probate condition

The affidavit cannot be used until "Thirty days after the death of a decedent." It is also closed off once a probate estate is underway. The affidavit must state:

"No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction" (18-C M.R.S. § 3-1201)

If someone has already applied to be appointed personal representative, in Maine or elsewhere, the estate goes forward through that proceeding instead.

Who can sign

Section 3-1201 lets a person claiming to be the successor of the person who died collect the property "upon being presented an affidavit made by or on behalf of the successor." The affidavit states that the successor is entitled to the payment or delivery.

The Probate Code defines "successors" as "those persons, other than creditors, who are entitled to property of a decedent under the decedent's will or this Code" (18-C M.R.S. § 1-201). So the successor is a person who inherits under the will or, without a will, under Maine's intestacy rules; a creditor cannot use the affidavit. If more than one person is entitled, or you are unsure whether you are a successor, ask the probate court before you sign.

What the affidavit must say

Section 3-1201 requires the affidavit to state four things:

• The value of the entire estate, wherever located, less liens and encumbrances, does not exceed the inflation-adjusted cap.
• Thirty days have passed since the death.
• No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.
• The claiming successor is entitled to payment or delivery of the property.

How to use the affidavit, step by step

1. Wait 30 days after the death, and confirm no one has applied to be appointed personal representative.

2. Confirm the estate is under the limit for the year of death, counting the whole estate less liens and encumbrances.

3. Get the official form. The Maine Probate Courts publish AF-102, Small Estate Affidavit for Collection of Personal Property on their probate forms page. The current version on the forms page is Rev. 04/08/20. The courts also note that "all forms are available at your local Probate Court."

4. Sign under oath. AF-102 is sworn before a notary public or an attorney-at-law; the signer "made oath that the foregoing is true to the best of Affiant's knowledge, information and belief."

5. Present it to the holder. Give the completed affidavit to the bank, brokerage, employer or other person holding the property. Nothing is filed with a probate court.

6. Collect and account for what you receive. You are answerable to any personal representative appointed later and to anyone with a better right to the property (see below).

What the affidavit covers, and what it does not

Bank accounts, money owed and securities. Under § 3-1201, anyone "indebted to the decedent or having possession of personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the personal property" to the successor. Transfer agents re-register securities in the successor's name. The current AF-102 (Rev. 04/08/20) describes the property as personal property and instruments evidencing a debt, obligation, stock or chose in action, including the proceeds of bank and investment accounts.

Real estate. Not covered. Section 3-1201 is headed "Collection of personal property by affidavit" and reaches only debts, personal property and instruments, so the affidavit is not a way to transfer a house or land. Real estate generally needs a probate proceeding; see our Maine probate guide.

Vehicles. The Bureau of Motor Vehicles runs its own death-of-an-owner process, and its pages do not mention the small estate affidavit. Under the BMV's instructions for Maine-resident heirs, if no personal representative has been appointed, immediate heirs (children, parents, siblings) can title the vehicle by submitting:

• An Application for Certificate of Title (MVT-2), with a $33 fee and an optional $10 rush fee.
• An MVT-22 from each heir. The BMV states: "An MVT-22 completed by each heir. This document must be notarized."
• A statement from the probate court that no will has been probated.
• The title, or an MVT-8 duplicate title application (fee waived).
• A lien release or lienholder consent (MVT-27) if the vehicle was financed, and a transfer of ownership.

A surviving spouse titles the vehicle with an MVT-2 and a notarized MVT-22; no title fee is due if the person who died was a Maine resident and the vehicle was registered and titled in Maine, though the $10 rush fee for rush service is not waived.

The BMV has separate instructions for a surviving spouse, a personal representative, a joint owner and a surviving common owner, and a vehicle titled in another state must go through that state's process first.

Final wages. We did not find a Maine statute that deals specifically with paying a deceased employee's final wages to family, so we cannot say how an employer must handle them. Ask the employer what it will accept before you rely on the affidavit for a paycheck.

Social Security payments. Section 3-1205 is a separate, narrow rule. It allows up to $1,000 of a monthly Social Security benefit paid at least 30 days after the death to go to the surviving spouse, then children or descendants of deceased children, then a parent, then a brother or sister, "preference being given in the order named." The affidavit is filed with the federal agency, not a Maine court, and states the date of death, the relationship, that no personal representative has been appointed and qualified, and that the affiant knows of no closer relative.

Unclaimed property. We could not confirm how the Maine State Treasurer handles a small estate affidavit for a deceased owner's unclaimed funds, or whether it applies its own cap. Ask the Treasurer's office before filing a claim, and see our Maine unclaimed property guide.

Protection for holders, and your responsibility

Section 3-1202 protects the bank or other holder that acts on the affidavit:

"is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. The person is not required to see to the application of the personal property or evidence of personal property or to inquire into the truth of any statement in the affidavit" (18-C M.R.S. § 3-1202)

That protection shifts the risk to the person who collects. The same section provides: "Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable to any personal representative of the estate or to any other person having a superior right." The statute states no time limit on that duty.

The affidavit is also a sworn statement, made under oath before a notary public or attorney-at-law. Check every figure before you sign.

If a holder refuses. Under § 3-1202, the property "may be recovered or its payment, delivery, transfer or issuance compelled upon proof of their right in a proceeding brought for the purpose."

The summary procedure for small estates (court-appointed personal representative)

Maine also has a court-supervised shortcut that works differently from the affidavit. Under § 3-1203, it applies when:

"the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses and reasonable and necessary medical and hospital expenses of the last illness of the decedent" (18-C M.R.S. § 3-1203)

There is no fixed dollar cap; the test, applied from the inventory and appraisal, compares the estate with those allowances and expenses (the dollar amounts in the homestead, exempt property and family allowance sections are themselves adjusted for inflation under § 1-108). A personal representative must first be appointed by the probate court. If the test is met, "the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate."

To close, the personal representative files a verified closing statement with the court under § 3-1204, using form DE-603, Closing Statement for Small Estate. The statement says the estate was within the limits, has been fully distributed, and that a copy and a full written account went to the distributees and known unpaid creditors. Under § 3-1204, if no proceeding involving the personal representative is pending one year after the closing statement is filed, the appointment terminates.

When to open probate instead

The small estate affidavit will not fit if any of these apply:

• The estate, less liens and encumbrances, is worth more than the inflation-adjusted cap for the year of death ($52,500 for 2026 deaths).
• An application or petition to appoint a personal representative is pending or has been granted.
• The property you need to transfer is real estate.
• A holder refuses the affidavit and you would rather open an estate than bring a proceeding to compel delivery.

Our Maine probate guide explains how an estate is opened in the county probate courts.

Related

• Small estate affidavit rules by state
• Maine probate
• Maine unclaimed property
• New Hampshire small estate affidavit

Disclaimer: This article is general legal information about Maine law (18-C M.R.S. §§ 1-108 and 3-1201 to 3-1205), verified on 2026-10-07. It is not legal advice. For your specific situation, contact the probate court in the county where the person lived, a legal aid office, or a lawyer licensed in Maine.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in Maine?

18-C M.R.S. § 3-1201 sets $40,000, adjusted for inflation under § 1-108. For a person who died in 2026, the Maine Probate Courts list the adjusted figure as $52,500, measured on the entire estate less liens and encumbrances.

Is the Maine small estate limit still $40,000?

Only as the base figure written in the statute. Since PL 2025, c. 76, § 3-1201 itself says the $40,000 is adjusted for inflation, and the Maine Probate Courts list $52,500 for 2026 deaths, $51,100 for 2025 deaths, $49,700 for 2024 deaths and $47,700 for 2023 deaths.

How long after death can I use a small estate affidavit in Maine?

Thirty days after the death, under 18-C M.R.S. § 3-1201, and only if no application or petition to appoint a personal representative is pending or has been granted in any jurisdiction.

Does a small estate affidavit need to be filed with the court in Maine?

No. Under § 3-1201, you present the sworn affidavit to the bank, employer or other person holding the property. The official form is AF-102 from the Maine Probate Courts, sworn before a notary public or attorney-at-law.

Can I transfer a house with a small estate affidavit in Maine?

No. Section 3-1201 provides for collecting personal property by affidavit; it does not transfer real estate. A house generally needs a probate proceeding through the county probate court.

Who can sign a Maine small estate affidavit?

The affidavit is made by or on behalf of the successor of the person who died, and states that the successor is entitled to the payment or delivery (§ 3-1201). The Probate Code defines successors as the people, other than creditors, entitled to the property under the will or the Code (§ 1-201), so a creditor cannot use it. If you are unsure whether you are the successor, ask the probate court before signing.

What happens if a bank refuses a Maine small estate affidavit?

Under 18-C M.R.S. § 3-1202, the property may be recovered or its payment or delivery compelled, on proof of the successor's right, in a proceeding brought for that purpose.

How do I transfer a car when the owner dies in Maine?

The Maine BMV has its own death-of-an-owner process. If no personal representative has been appointed, immediate heirs file an MVT-2 title application ($33 fee), a notarized MVT-22 from each heir and a probate court statement that no will has been probated, among other documents.