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A Small Estate

18-C M.R.S. § 3-1201 — an affidavit 30 days after a death, for an estate up to $40,000 adjusted for inflation

Thirty days after a death, anyone holding the decedent's money or personal property pays or delivers it to a person claiming as successor who presents an affidavit stating that:

  • The whole estate, less liens and encumbrances, is worth no more than $40,000, adjusted for inflation.
  • Thirty days have passed since the death.
  • No application or petition for a personal representative is pending or granted anywhere.
  • The claiming successor is entitled to the property.
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Who handles this in Maine: Maine Judicial Branch, Help Topics; and legal aid programs and the state offices, listed in the Maine directory.

Each county probate court publishes the adjusted figure on its website every year. An estate no larger than the allowances, funeral and last illness costs can be closed by the personal representative's sworn statement.

  • 18-C M.R.S. § 3-1201
  • 18-C M.R.S. § 3-1204
Sources for this section (2)
  1. 18-C M.R.S. § 3-1201 — Collection of personal property by affidavit
  2. 18-C M.R.S. § 3-1204 — Small estates; closing by sworn statement of personal representative

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maine attorney.

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