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Dying Without a Will

18-C M.R.S. § 2-102 — the spouse's share depends on who else survives

Who else survivesThe surviving spouse takes
Who else survivesNo descendant or parent, or only descendants the couple share and none of the spouse's own from elsewhereThe surviving spouse takesEverything
Who else survivesNo descendant, but a parentThe surviving spouse takesThe first $300,000 and 3/4 of the rest
Who else survivesOnly shared descendants, but the spouse has others of their ownThe 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'sThe surviving spouse takesOne-half
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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.

  • 18-C M.R.S. § 2-103
Sources for this section (2)
  1. 18-C M.R.S. § 2-102 — Share of spouse
  2. 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.

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