Maine Small Estate Affidavit: Collecting Personal Property Without Probate
Maine lets a successor collect a decedent’s personal property by presenting a signed, notarized affidavit directly to the holder of the property, without opening probate and without appointing a personal representative.
Based on 18-C M.R.S. § 3-1201
What Is a Maine Small Estate Affidavit?
A Maine small-estate affidavit is the collection-of-personal-property affidavit authorized by 18-C M.R.S. § 3-1201. A successor may use it when 30 days have passed since the death, the value of the entire estate, wherever located, less liens and encumbrances, does not exceed the inflation-adjusted threshold (a $40,000 base under § 1-108, published as $52,500 for deaths in 2026 and $51,100 for deaths in 2025), and no application or petition for appointment of a personal representative is pending or has been granted. The successor presents the affidavit (Maine Form AF-102) to the bank, transfer agent, or other holder, which then pays or delivers the property. The affidavit collects personal property only; it does not transfer Maine real estate.
Do you qualify?
- Qualifying threshold
- $52,500 for deaths in 2026 (the inflation-adjusted figure under 18-C M.R.S. § 1-108; $40,000 statutory base, $51,100 for deaths in 2025); personal property only, and no real propertyThe threshold applies to the value of the entire estate, wherever located, valued at the date of death, less liens and encumbrances. Maine adjusts the $40,000 statutory base for inflation under 18-C M.R.S. § 1-108, so the applicable figure is keyed to the year of death: $52,500 for deaths in 2026 and $51,100 for deaths in 2025. Property that passes outside probate by beneficiary designation, payable-on-death or transfer-on-death registration, survivorship, or a trust is not counted, and real property is not covered by this affidavit at all.
- Waiting period
- 30 days after death
- Court filing fee
- $0 (the affidavit is presented to the asset holder, not filed as a court petition)
- Attorney
- Not typically neededNo statewide requirement; counsel may help with debts, disputes, or real estate
- Real estate
- Not covered by this procedureThe 18-C M.R.S. § 3-1201 affidavit collects personal property only, such as bank accounts, wages, securities, and debts owed to the decedent. It does not transfer Maine real estate. Real property the decedent owned in their own name generally needs an appointment of a personal representative, unless it passes automatically by survivorship or under a recorded transfer-on-death deed (18-C M.R.S. §§ 6-401 to 6-417). A very small estate that includes real property may instead be closed by the summary administrative procedure under § 3-1204, which still requires an appointed personal representative.
Main Requirements
Estate Within the Inflation-Adjusted Threshold
The value of the entire estate, wherever located, less liens and encumbrances, must not exceed the figure for the year of death ($52,500 for deaths in 2026; $51,100 for deaths in 2025), a $40,000 base adjusted under 18-C M.R.S. § 1-108.
30 Days Have Passed Since Death
At least 30 days must have elapsed since the date of death before the affidavit is presented to a holder of the property.
No Personal Representative Appointed or Pending
No application or petition for appointment of a personal representative may be pending or have been granted in any jurisdiction.
Personal Property Only
The affidavit collects personal property such as bank accounts, wages, securities, and debts owed to the decedent. It does not transfer real estate.
Claimed by an Entitled Successor
The affiant must be a successor entitled to payment or delivery of the property, such as a beneficiary named in the will or an heir under Maine’s intestate succession rules.
Signed and Notarized
The affidavit must be signed and notarized. Present it with a certified death certificate to each asset holder.
Available Small-Estate Options
Collection of Personal Property by Affidavit (18-C M.R.S. § 3-1201)
- Limit
- Entire estate, less liens and encumbrances, within the inflation-adjusted threshold ($52,500 for 2026 deaths); personal property only
- Real Estate
- Not included
- Timeline
- 30 days after death; presented directly to the asset holder
- Typical Fee
- No court filing fee
Summary Administrative Procedure (18-C M.R.S. § 3-1204)
- Limit
- Estate value does not exceed the homestead allowance, exempt property, family allowance, administration costs, funeral expenses, and last-illness medical expenses (a formula, not a fixed dollar cap)
- Real Estate
- Can be included
- Timeline
- Follows an appointment; the personal representative closes by a verified statement
- Typical Fee
- The graduated § 1-602 petition fee for the appointment, by estate value
Full Administration (informal or formal appointment)
- Limit
- No dollar cap; used when the estate exceeds the affidavit threshold or includes real property to be administered
- Real Estate
- Can be included
- Timeline
- Appointment before the register of probate, an inventory within 3 months, and a published creditor period
- Typical Fee
- The graduated § 1-602 petition fee, from $40 by estate value
The affidavit is a sworn statement with real responsibility
A Maine collection-of-personal-property affidavit is signed under oath before a notary. The successor who signs it is responsible for the accuracy of the estate value, the 30-day wait, and the statement that no personal representative has been appointed or applied for, and remains answerable to anyone with a superior claim. Confirm the estate is within the figure published for the year of death, and that no real property needs to be transferred, before signing, and ask counsel if anything is uncertain.
Step-by-Step Process
Wait 30 Days After Death
Covered in the "Do you qualify?" checklist at the top of this page.
Confirm the Estate Fits the Inflation-Adjusted Threshold
Value the entire estate, wherever located, less liens and encumbrances, as of the date of death. Confirm it does not exceed the figure for the year of death: $52,500 for deaths in 2026 or $51,100 for deaths in 2025. Do not count nonprobate assets that pass by beneficiary form, survivorship, or trust.
Confirm No Personal Representative Is Involved
The affidavit path requires that no application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction.
Separate Out Any Real Property
The affidavit cannot transfer Maine real property. If the estate includes real estate the decedent owned in their own name, look at an appointment or the summary administrative procedure under § 3-1204 instead.
Prepare the Affidavit
Complete the collection-of-personal-property affidavit (Maine Form AF-102), stating the value of the estate, that 30 days have passed, that no personal representative is appointed or pending, and that the successor is entitled to the property. Sign it before a notary.
Present the Affidavit to Each Asset Holder
Give the signed, notarized affidavit and a certified death certificate to the bank, transfer agent, or other holder. On receipt the holder pays or delivers the property and is discharged as if it had dealt with a personal representative.
County Note: The affidavit is presented to the asset holder rather than filed to open a court case, so no petition goes to the register of probate. Asset holders set their own documentation requirements, and each of Maine’s 16 county probate courts publishes the current inflation-adjusted value under § 3-1201(3). Confirm what a bank, transfer agent, or other holder needs, and the published figure for the year of death, before relying on the affidavit.
FAQ: Maine Small Estate Affidavit
Does Maine have a small estate affidavit?
What is the Maine small estate limit?
How long do you have to wait to use the affidavit in Maine?
Can a Maine small estate affidavit transfer real estate?
Do you need a lawyer for a small estate in Maine?
Why does the Maine threshold change from year to year?
Official Forms, Sources, and VerificationOfficial references used for this page
- 18-C M.R.S. § 3-1201, Collection of personal property by affidavitMaine Legislature (Maine Revised Statutes). Current official statute text, accessed July 2026.
- 18-C M.R.S. § 1-108, Cost-of-living adjustment of dollar amountsMaine Legislature (Maine Revised Statutes). Current official statute text, accessed July 2026.
- 18-C M.R.S. § 3-1204, Small estates; closing by verified statementMaine Legislature (Maine Revised Statutes). Current official statute text, accessed July 2026.
Information current as of May 31, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Maine can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.