ME estate risk
Probate risk in Maine
Court-supervised estate process, timing, cost exposure, and public record requirements.
Maine allows collection of personal property by affidavit for small estates after a waiting period and within a statutory value cap.
At a glance
Key takeaways
- At least 30 days must pass after death before using the affidavit process.
- The estate value must be $40,000 or less (adjusted for inflation).
- No personal representative can be pending or appointed in any jurisdiction.
- The affidavit allows transfer of personal property and securities to the successor.
Questions to consider
Questions to consider in Maine
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
Maine allows collection of personal property by affidavit for small estates after a waiting period and within a statutory value cap.
- At least 30 days must pass after death before using the affidavit process.
- The estate value must be $40,000 or less (adjusted for inflation).
- No personal representative can be pending or appointed in any jurisdiction.
- The affidavit allows transfer of personal property and securities to the successor.
- The affidavit is a sworn statement that authorizes successors to collect property without appointment.
Sources
- https://legislature.maine.gov/statutes/18-C/title18-Csec3-1201.html
- https://www.nolo.com/legal-encyclopedia/maine-avoiding-probate-31728.html
Background sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in Maine.
Optional next steps
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