What Happens If You Die Without a Will in Maine?
Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.
Frequently Asked Questions
Maine intestacy laws determine who inherits when there is no will.18-C M.R.S. § 2-102Verified May 7, 2026 Maine follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.
The surviving spouse's share in Maine depends on family structure.18-C M.R.S. § 2-102Verified May 7, 2026 With no children: If no parent survives: entire estate. If parent survives: first $394,000 (2026 CPI-adjusted) plus 3/4 of the remaining estate.. With shared children: If all descendants are shared AND spouse has no other descendants: entire estate. Otherwise: first $131,300 (2026 CPI-adjusted) plus 1/2 of remaining estate.. When children from a prior relationship survive: One-half of the intestate estate.
Maine uses the "per capita at each generation" distribution method.18-C M.R.S. § 2-106Verified May 7, 2026 Under this method, surviving descendants at each generational level share equally, with deceased members' shares pooled and redistributed at the next level. Per capita at each generation
Maine requires an heir to survive the decedent by 120 hours to inherit.18-C M.R.S. § 2-102Verified May 7, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.
Under Maine intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.18-C M.R.S. § 2-102Verified May 7, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Maine will signing requirements page outlines what is needed to execute a valid will.
Probate costs in Maine depend on estate size and complexity. Estates valued at $52,500 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Maine probate cost calculator for a detailed estimate.
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Maine Estate Planning Resources
In-depth guides covering Maine probate laws, trust requirements, and estate planning strategies.
