Dying Without a Will
18-C M.R.S. § 2-102 — the spouse's share depends on who else survives
| Who else survives | The surviving spouse takes |
|---|---|
| Who else survivesNo descendant or parent, or only descendants the couple share and none of the spouse's own from elsewhere | The surviving spouse takesEverything |
| Who else survivesNo descendant, but a parent | The surviving spouse takesThe first $300,000 and 3/4 of the rest |
| Who else survivesOnly shared descendants, but the spouse has others of their own | The surviving spouse takesThe first $100,000 and 1/2 of the rest |
| Who else survivesDescendants of the one who died who are not the spouse's | The surviving spouse takesOne-half |
Who handles this in Maine: legal aid programs and the state offices, listed in the Maine directory.
What does not go to a spouse goes in order to the descendants, then the parents, then the parents' descendants, then the grandparents and their descendants, half on each side of the family, then the great-grandparents and theirs.
Sources for this section (2)
- 18-C M.R.S. § 2-102 — Share of spouse
- 18-C M.R.S. § 2-103 — Share of heirs other than surviving spouse
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maine attorney.