Maine Small Estate Affidavit 2025

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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.
Obtain a blank small estate affidavit form. In most cases, you can find it by visiting the probate court website. Note that this should be the court located in the county in which the decedent lived. Most county websites offer a self-help center where the form can be downloaded online.
Normally, it does not take long or cost a lot to probate a Will in Maine. Many people go through this process without an attorney. The probate court simply makes sure everything is in order and the Will is followed.
In Maine, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
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.
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In Maine, if an estate is worth no more than $40,000, it is considered a small estate. Small estates can be wrapped up quickly by filing a document called a Small Estate Affidavit. This is usually a simple process, but there are some legal steps that must be taken before you can wrap up a small estate.

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