Free Maine Small Estate Affidavit

Prepare the Maine small estate affidavit for estates up to $52,500, plus presentation letters for each holder. 18-C M.R.S. §§ 3-1201 to 3-1202.

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Your Information

The Maine affidavit identifies the claiming successor and the basis of entitlement.

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About Maine Small Estate Affidavits

Maine publishes AF-102 Small Estate Affidavit for Collection of Personal Property (print form); the affidavit this tool prepares is drafted to the same statutory requirements, per 18-C M.R.S. § 3-1201(1)(A)-(D).

$52,500, per 18-C M.R.S. §§ 3-1201 to 3-1202. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (18-C M.R.S. §§ 3-1201 to 3-1202). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

A person claiming to be the successor of the decedent (the affidavit is made by or on behalf of the successor, stating the claimant's entitlement to payment or delivery of the property). 18-C M.R.S. § 3-1201(1).

The person indebted to the decedent or having possession of the decedent's personal property — including proceeds of bank and investment accounts and instruments evidencing a debt, obligation, stock, or chose in action. A transfer agent of a security must change registered ownership on presentation of the affidavit (§ 3-1201(2)).

The Maine affidavit is signed before a notary (18-C M.R.S. § 3-1201(1) ("affidavit"); Form AF-102 (Rev. 04/08/20) jurat).

The person paying, delivering, transferring, or issuing personal property pursuant to the affidavit is discharged and released to the same extent as if the person dealt with a personal representative, with no duty to see to the application of the property or inquire into the truth of any statement in the affidavit (§ 3-1202). Recipients remain accountable to any personal representative or person with a superior claim.

Personal property only: the affidavit compels payment of indebtedness and delivery of tangible personal property and instruments evidencing intangible property, though the valuation gate counts the value of the entire estate, wherever located, less liens and encumbrances. Real property passes through probate (Maine's informal or formal proceedings), not by affidavit. 18-C M.R.S. § 3-1201(1).

Small Estate Collection in Maine

The Maine collection of personal property by affidavit is prepared by the successor — 18-C M.R.S. § 3-1201(1)(A)-(D) governs its contents — and collects a small estate's property without probate administration.

The 18-C M.R.S. §§ 3-1201 to 3-1202 limit is $52,500. The affidavit can be signed 30 days after the death. An estate over the limit is administered through probate instead.

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Frequently Asked Questions About Maine Small Estate Affidavits

$52,500, per 18-C M.R.S. §§ 3-1201 to 3-1202. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (18-C M.R.S. §§ 3-1201 to 3-1202). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

The Maine affidavit is signed before a notary (18-C M.R.S. § 3-1201(1) ("affidavit"); Form AF-102 (Rev. 04/08/20) jurat).

Small Estate Collection in Maine

The 18-C M.R.S. §§ 3-1201 to 3-1202 limit is $52,500. The affidavit can be signed 30 days after the death. An estate over the limit is administered through probate instead.

Free Maine Small Estate Affidavit

Your Information

Frequently Asked Questions About Maine Small Estate Affidavits