Maine Small Estate Affidavit Explained

Maine’s small estate affidavit is genuinely unusual in one respect: the dollar threshold changes every single year.

Why does the threshold change every year?

Maine’s small estate affidavit (18-C M.R.S. § 3-1201) is tied to a base statutory figure of $40,000, but this amount is adjusted annually for inflation under § 1-108, using the Consumer Price Index. For 2026 deaths, multiple sources place the adjusted figure at roughly $52,500 - each county probate court is required to publish the current figure on its website, so it’s genuinely worth confirming the exact number that applies for the specific year of death rather than assuming a figure from an older source.

How long must you wait after death, and what else must be true?

At least 30 days must have passed since the death before the affidavit can be signed. No personal representative appointment can be pending or already granted anywhere for the estate, and the claimant must be entitled to the property being claimed.

Does this require any court filing?

No filing is required - the affiant presents the affidavit directly to whoever holds the property, such as a bank.

Does this cover real estate?

No - this mechanism covers personal property only - it cannot be used to transfer any Maine real estate, no matter how small the parcel. Vehicle title requirements are handled separately through the Bureau of Motor Vehicles.

What should I do next?

Check the specific county probate court’s website for the current year’s exact threshold rather than relying on a figure you’ve seen elsewhere, since it changes annually. If real estate is involved, plan for Maine’s separate summary administrative procedure instead.

Where can I find the exact figure for the year of death?

Maine’s statute now requires it to be published. A 2025 amendment (Public Law 2025, chapter 76) wrote the inflation adjustment into section 3-1201 and added a duty for each county probate court to publish the adjusted figure on the court’s website every year. The Maine Probate Courts also post a cost-of-living table by year of death; it shows, for example, $41,700 for 2020, $44,200 for 2022, $47,700 for 2023, and $49,700 for 2024. Use the figure for the year the person died, not the year you sign the affidavit. The $52,500 figure for 2026 deaths on this page comes from secondary sources that cite the Maine Probate Courts’ table.

Add this to your Final Day Plan: a rough total of your personal property’s value - given how the threshold shifts every year, a current estimate is more useful to your family than trying to track the exact figure themselves.

Maine’s small estate threshold changes every year - confirm the specific figure for the actual year of death. This is general educational information, not legal advice - consult a Maine-licensed attorney for guidance specific to your situation.