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Small estate affidavit in Maine (2026)

In Maine, heirs can collect up to $52,500 without probate with a sworn affidavit (Small estate affidavit for collection of personal property (18-C M.R.S. §3-1201; form AF-102)). You must wait 30 days after the death. Real estate: not covered. Last checked .

Maine at a glance

Affidavit cap
$52,500
Applies to
deaths in 2026 (the amount is set by the year of death under 18-C M.R.S. §1-108)
Value counted
Net value (after liens and encumbrances)
Waiting period
30 days
If there is a will
Can still be used
File with a court
No
Real estate
Not covered
Court shortcut
Summary administration for small estates (18-C M.R.S. §§3-1203, 3-1204)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    Maine cap for this date of death

    $52,500

    A worked example for Maine

    Say a parent who lived in Maine died on March 1, 2026, leaving $42,000 in a bank account in their name only and no house. $42,000 is within the $52,500 cap for that date of death, so the family can use the affidavit from March 31, 2026. Had the death been in an earlier period, the cap would have been $51,100, $49,700, $47,700, $44,200, $42,200.

    The rules in Maine

    • The affidavit. The successor gives a sworn affidavit to the bank, debtor or other holder, who must pay or deliver the decedent's personal property; transfer agents must re-register securities. It is not filed with the probate court.
    • Cap. The statute sets $40,000 adjusted for inflation by year of death. For deaths in 2026 the published figure is $52,500, net of liens.
    • What counts. The entire estate wherever located, less liens and encumbrances (the probate courts' AF-102 form says the affidavit collects personal property only).
    • What doesn't count. Liens and encumbrances are subtracted. The statute lists no other exclusions.
    • Earlier caps. $51,100: deaths in 2025; $49,700: deaths in 2024; $47,700: deaths in 2023; $44,200: deaths in 2022; $42,200: deaths in 2021
    • Change already enacted. Re-indexed every year for inflation. The probate courts publish the amount for each year of death.
    • Waiting period. 30 days must have passed since the death.
    • Conditions. No application or petition to appoint a personal representative may be pending or granted in any jurisdiction, and the claimant must be entitled to the property.
    • Who can sign. A person claiming to be the decedent's successor (or someone acting on the successor's behalf). The statute sets no priority order.
    • Court filing. Not filed with the court. It is sworn before a notary or attorney and handed to the holder.

    Houses, land and vehicles

    • Real estate. The affidavit covers personal property and debts owed to the decedent, not land. Real estate needs a probate case (informal or formal) in the county probate court.
    • Vehicles. The BMV has separate steps for a surviving spouse (MVT-22 affidavit), a personal representative, or heirs (Maine residents only). Each has its own instruction sheet on the BMV deceased-owner page.

    When the affidavit isn't enough

    Once a personal representative is appointed, if the inventory shows the estate (less liens) is no more than allowances, exempt property, administration costs, funeral costs and last-illness medical bills, the representative may distribute right away without notice to creditors and close by sworn statement. There is no fixed dollar cap.

    Good to know in Maine

    • Whoever receives property is answerable to a later-appointed personal representative or anyone with a better right.
    • PL 2025, c. 76 requires each county probate court to publish the adjusted amount on its website every year.

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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