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Maine Small Estate: Filing How-To

Check the county's own website first — the threshold you find there is worth more than any number printed here.

18-C §3-1201

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: wait 30 days, confirm the current inflation-adjusted threshold on your county probate court's own website, confirm no real property is involved, and present the affidavit directly to the asset holder. Check whether an estate qualifies with the Maine small estate checker.

Step by step

  1. Wait 30 days from the date of death.
  2. Confirm the current adjusted threshold on your county probate court's own website.
  3. Confirm no real property is involved in what's being transferred.
  4. Confirm no personal representative appointment is pending or already granted anywhere.
  5. Present the affidavit directly to the bank or other holder of the property.

A number that changes every year, by law

Genuinely distinctive: the base statutory figure of $40,000 is inflation-adjusted annually under 18-C §1-108, tied to the CPI-U, with each county probate court required to publish the current adjusted figure on its website — a static number from last year, or a different state's guide, could easily be wrong.

Real property never fits, regardless of value

This mechanism covers personal property only; it cannot be used to transfer any Maine real estate, no matter how small the parcel.

Facing probate in Maine?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Maine attorney

Each of Maine's 16 county probate courts publishes its own current figure, but 18-C §3-1201's underlying rules apply identically statewide.

How-to — frequently asked questions

Why is it important to check the county probate court's website before filing?

Because the threshold changes every year under an inflation adjustment tied to the CPI-U, and each county probate court is required to publish the current adjusted figure — using last year's number could be inaccurate.

Where does the completed affidavit actually go?

Directly to the bank or other holder of the property — it is not filed with any court.

What must be confirmed before filing?

That at least 30 days have passed since death, that no personal representative appointment is pending or already granted anywhere, and that the claimant is entitled to the property.

Can real property ever be included, even a small parcel?

No — the mechanism covers personal property only and cannot transfer any Maine real estate, no matter how small the parcel.

Keep going

Maine Small Estate Affidavit CheckerDoes this estate qualify? Do I Need Probate in Maine?Why the house always needs its own path Transferring a Car in Maine Without ProbateUsing the affidavit at the BMV Maine Probate Cost CalculatorIf this estate needs full probate

This page provides general guidance only and is not legal advice. Based on 18-C §3-1201, §1-108. Confirm current requirements and the exact adjusted threshold with your county probate court or a licensed Maine attorney before acting.