Maine Small Estate Affidavit Form

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Maine Small Estate Affidavit Form

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Last updated April 8th, 2026

A Maine small estate affidavit is used to collect the personal property and financial assets of a deceased person without court involvement. The form eliminates the necessity for a formal probate process provided the estate meets the statutory requirements.

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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 form eliminates the necessity for a formal probate process provided the estate meets the statutory requirements.

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Laws

  • Maximum Estate Value: $52,500 (as of this writing) [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: Filing not required.

How to Use (3 Steps)

Step 1 – Check Requirements

Before completing the affidavit, 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’s no 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.

Step 3 – Collect Assets

The affiant will need to present a copy of the affidavit to the asset holder and request the release of the decedent’s assets, who will then be obligated to transfer possession to the affiant.[5]

The requirements for transferring the decedent’s vehicle title can be found on the Bureau of Motor Vehicles website.

Sources

  1. § 3-1201(1)(A), Maine Probate Code Cost-of-Living Adjustment
  2. § 1-108(2)
  3. § 3-1201(1)(B)
  4. § 3-1201
  5. § 3-1202