Maine Small Estate Affidavit Form

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Maine Small Estate Affidavit Form

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Last updated March 21st, 2026

A Maine small estate affidavit is used to collect the personal property and financial assets of a deceased person without court involvement. The Small Estate Affidavit for Collection of Personal Property eliminates the necessity for a formal probate hearing if the statutory requirements are met.

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A Maine small estate affidavit is used to collect the personal property and financial assets of a deceased person without court involvement. The Small Estate Affidavit for Collection of Personal Property eliminates the necessity for a formal probate hearing if the statutory requirements are met.

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Laws

  • Maximum Estate Value: $40,000[1] – Adjusted for inflation depending on the Consumer Price Index for the calendar year preceding the year of death.[2]
  • Mandatory Waiting Period: 30 days[3]
  • Where to File: Maine does not require the affidavit to be filed.

How to Use (3 Steps)

Step 1 – Check Requirements

Before putting the affidavit to use, the person claiming property/assets (the “affiant”) must ensure that the following requirements are met[4]:

  • The total value of the decedent’s estate, less any liens and encumbrances, does not exceed $40,000.
  • There hasn’t been an application or petition to the court for the appointment of a personal representative.
  • At least 30 days have elapsed from the date of the decedent’s death.
  • The affiant is entitled to the personal property or funds they are seeking.

Step 2 – Complete Affidavit

The affiant must fill out the Small Estate Affidavit for Collection of Personal Property and sign it in the presence of a notary public. Some entities may require a copy of the death certificate and the last will and testament to be attached to the affidavit.

Step 3 – Collect Assets

To collect the decedent’s assets, the affiant will need to present a copy of the affidavit to the asset holder and request that the property be released. The holder will then be legally obligated to transfer possession of the assets to the affiant.[5]

Additional steps are required to transfer the decedent’s vehicle title to another person. The requirements for transferring a vehicle title after death can be found on the Bureau of Motor Vehicles website.

Sources

  1. § 3-1201(1)(A)
  2. § 1-108(2)
  3. § 3-1201(1)(B)
  4. § 3-1201
  5. § 3-1202