What is the small estate limit in Maine?

The statute states $40,000, but the figure is adjusted for inflation. The maximum for a person dying in 2026 is about $52,500, and it was about $51,100 for 2025 deaths.

Where can I find the current Maine figure?

A 2025 amendment requires each county probate court to publish the current value, including the inflation adjustment, annually on its public website.

Do I file the Maine affidavit with the probate court?

No. Maine's collection of personal property by affidavit does not require filing with or approval from the probate court. You present Form AF-102 directly to the asset holder with a death certificate.

How long do I have to wait?

Thirty days must have elapsed since the death, and no application or petition for appointment of a personal representative may be pending or granted in any jurisdiction.

Maine Small Estate Affidavit: The Statute Understates It

General information, not legal advice. The indexed figure changes annually and county courts publish the current amount. Confirm the number for the year of death before relying on it.

Do not trust the number in the statute: Title 18-C section 3-1201 says $40,000, but the same sentence indexes it for inflation, and the real ceiling for a person dying in 2026 is about $52,500. That gap of more than twelve thousand dollars decides eligibility for plenty of Maine families who read the statute and stopped there.

Check the Maine figure by year ↓

Why the statute and the real limit disagree

Maine wrote the base figure into the code and then attached an inflation adjustment to it under section 1-108, so the printed $40,000 has not been the operative number for years. For a person dying in 2025 the maximum was roughly $51,100, and for a 2026 death it is about $52,500. Anyone comparing an estate to the figure they see in the statute text, or in the many form sites that quote it, is working from a number that understates the true ceiling by a wide margin. The value measured is the entire estate, wherever located, less liens and encumbrances.

The courts now have to publish it

The Legislature evidently noticed the confusion. A 2025 amendment added a publication duty: each county probate court must annually publish on its publicly accessible website the value described in the statute, including the inflation adjustment. That is a small change with real practical value, because it gives families and bank staff an authoritative current figure to point to rather than an argument about indexing. If you are near the line, pull up your county court's published number and bring it with you, since a teller comparing your estate to the $40,000 they found online is otherwise going to say no.

No court involvement for the bank

Maine's procedure is a true out-of-court affidavit. It does not require filing anything with the probate court or obtaining approval from it. After thirty days have elapsed, and provided no personal representative is pending or appointed in any jurisdiction, you complete the small estate affidavit, Form AF-102, sign it before a notary, and present it with a death certificate directly to the bank or other holder. The paying institution is discharged by honoring the affidavit, while the affiant remains accountable if a personal representative is later appointed. The form expressly covers the proceeds of bank accounts and other personal property.

Vehicles pull the court back in

There is one notable exception to the no-court framing, and it catches families who assume the affidavit covers everything. To retitle a motor vehicle, the Bureau of Motor Vehicles wants its own paperwork, a title application and a form from each heir, along with a fee and a short statement from the probate court confirming that no will has been probated. So the car requires a trip to the court even though the bank account does not, and it is worth requesting that statement at the same time you handle everything else rather than discovering the requirement at the BMV counter.

Maine small estate questions

What is the limit?: The statute says $40,000, but it is indexed for inflation. The maximum is about $52,500 for a 2026 death and was about $51,100 for 2025.
Where do I find the current figure?: A 2025 amendment requires each county probate court to publish the current value, with the inflation adjustment, on its website annually.
Do I file it with the probate court?: No. You present Form AF-102 directly to the asset holder with a death certificate. No court filing or approval is needed.
How long do I wait?: Thirty days since the death, with no personal representative pending or appointed in any jurisdiction.
How do I transfer a vehicle?: The BMV wants its own paperwork, a fee, and a statement from the probate court that no will has been probated.

Written by the Trámites Notariales US editorial team, based on Maine Title 18-C section 3-1201 as amended by PL 2025 c. 76. The indexed figure changes annually; check your county court's published amount.