Small Estate Affidavit for Estates Not More Than 40,000 - Maine 2025

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The document is a Small Estate Affidavit for the collection of personal property in the State of Maine. It outlines the necessary information and declarations required from a successor of a decedent, including details about the decedent, their death, and the value of the estate, which must not exceed $20,000. The affidavit must be sworn under penalty of perjury and includes an acknowledgment section for notarization.

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What is the minimum estate value for probate?

Probate is the legal process that takes place after someone dies. To start the probate process, you need to file an Application for Probate in the probate court in the county where the decedent lived. In Maine, each county has its own probate court. If there is a Will, it needs to be submitted to the probate court.

What is the limit for a small estate affidavit in Maine?

The value of the decedents estate, less encumbrances and liens, must be less than $40,000 (indexed to inflation: $51,100 in 2025) If the decedent had a real estate interest in his/her name alone, a Small Estate Affidavit cannot be used. The person signing the affidavit must be entitled as the claiming successor.

What assets are exempt from probate in Maine?

There is no set minimum legal threshold for estates to avoid probate. Each bank or institution sets its own limit. This dictates whether family and loved ones of the deceased will require a Grant of Probate to access the funds held in the particular institution.

What triggers probate in Maine?

If enough assets are categorized as nonprobate assets, that will ensure that the value of the probate estate remains below $51,100, making probate unnecessary. Some methods to help achieve this include jointly titling assets, fully funding a revocable trust, and naming pay-on-death beneficiaries for bank accounts.

How much does an estate have to be worth to go to probate in Maine?

If the probate estate has a total value (value of probate assets minus any liens and encumbrances) of $51,100 or less (for deaths in 2025) and does not include any real property, then probate is not necessary.

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How to file a small estate affidavit in Maine?

No. Certain kinds of property can be passed without going through probate. Property owned with a Right of Survivorship automatically transfers to the joint owner at death and that person owns the property fully. Property can also pass through a Trust established during the decedents lifetime.

Small Estate Affidavit for Estates Not More Than 40,000 - Maine 2025

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