How Maine law treats jointly held bank accounts and property when someone dies without a will

Short answer: In Maine, whether money or property passes automatically to a co-owner or becomes part of the deceased person’s estate depends on how the asset is titled (joint tenancy with rights of survivorship, tenancy in common, or a payable-on-death/beneficiary designation). Assets titled to pass automatically to a surviving owner or a named beneficiary normally avoid probate. Assets that are owned as part of the decedent’s estate go through probate and are distributed under Maine’s intestacy rules if there is no will.

Detailed answer

Key concepts you need to understand

• Nonprobate transfers: These are transfers that occur automatically outside probate. Common examples are joint accounts with right of survivorship, payable-on-death (POD) accounts, transfer-on-death (TOD) designations, and life insurance or retirement accounts with named beneficiaries.
• Probate assets: Assets titled solely in the decedent’s name (and without a valid beneficiary designation) become part of the probate estate and are distributed under Maine’s intestacy rules when there is no will.
• Title words matter: The specific words on a deed or account agreement—such as “joint tenants with right of survivorship,” “tenants in common,” or simply “joint account”—determine the legal effect.

Joint bank accounts

Most jointly held bank accounts fall into one of two categories:

• Joint with right of survivorship: When an account is expressly set up with right of survivorship, the surviving joint owner typically becomes the sole owner immediately on the other owner’s death. The bank will usually require the death certificate and proof of identity to release funds. Because ownership passes by operation of law, the account generally does not go through probate.
• Joint without survivorship or ambiguous wording: If the account is held as tenants in common or the paperwork is unclear, the decedent’s share may become part of the probate estate. In that case, the bank may freeze the account until a personal representative (executor/administrator) is appointed by the probate court.

Practical note: Banks often freeze accounts briefly after a death (to protect against improper withdrawals) even when title suggests an automatic transfer. Plan ahead: banks will ask for the death certificate, identification, and sometimes the probate court paperwork before releasing funds.

Payable-on-death (POD) / Transfer-on-death (TOD) accounts and beneficiary designations

POD or TOD designations on bank accounts, investment accounts, and many titled assets override intestacy and pass directly to the named beneficiary outside of probate. Similarly, life insurance policies and retirement accounts pass to named beneficiaries. Review beneficiary forms periodically—these designations are powerful and generally control over a will.

Real property (land and houses)

• Joint tenancy with right of survivorship: If real estate is titled with survivorship language, the surviving owner(s) will automatically own the property after the other owner dies. The surviving owner should record the death certificate and new deed or an affidavit of survivorship with the county registry to clear title.
• Tenants in common: If owners hold property as tenants in common, each owns a distinct share. A deceased tenant in common’s share becomes part of the probate estate and passes under Maine’s intestacy rules if there is no will.
• Mortgage and liens: Joint ownership does not eliminate mortgage obligations. A surviving co-owner who keeps the property remains responsible for mortgage payments or risk foreclosure. Creditor claims against the decedent may also reach probate assets.

What happens when there is no will (intestate) in Maine?

When someone dies intestate (without a valid will) and assets are part of the probate estate, Maine law determines who inherits. Nonprobate assets (survivorship accounts, POD/TOD, beneficiary-designated accounts) typically bypass this process. For more information about probate procedures and intestate succession in Maine, see the Maine Judicial Branch probate resources and the Maine statutes directory:

• Maine Judicial Branch — Probate Division
• Maine Revised Statutes (searchable)

Because intestacy rules vary based on surviving family (spouse, children, parents, siblings), a personal representative appointed by the probate court will collect assets, pay debts and taxes, then distribute what remains according to Maine’s intestacy scheme.

Creditors and debts

Whether an asset passed automatically or through probate, creditors may have claims against the decedent’s estate. Probate provides a process for creditors to submit claims. Assets that passed outside probate can still be subject to creditor actions in certain circumstances, especially if the transfer was intended to avoid known creditors.

Common real-world scenarios (hypothetical)

• Spouse A and Spouse B hold a bank account labeled “John Doe and Jane Doe, joint tenants with right of survivorship.” If John dies, Jane becomes sole owner of the account outside probate after the bank sees the death certificate.
• Sibling A dies owning a house as “tenants in common” with Sibling B. Sibling A has no will. Sibling A’s half interest enters probate and passes to A’s heirs under Maine intestacy rules.
• Person C names a friend as POD beneficiary on a savings account. When Person C dies, the named friend receives the account proceeds directly without probate.

Practical steps to take after a death in Maine

1. Obtain multiple certified copies of the death certificate from the funeral home or Vital Records.
2. Locate the decedent’s account statements, deeds, titles, and beneficiary forms to determine how assets are titled.
3. Contact banks and financial institutions to learn what documents they require to release funds.
4. If assets are probate property, contact the Maine probate court for guidance on opening an estate or appointing a personal representative: Maine Probate Division.
5. Keep clear records of bills and communications; identify any likely creditors.
6. Consult a Maine estate or probate attorney if title is unclear, the estate has significant assets or debts, or disputes arise among heirs.

Helpful Hints

• Check the exact wording on deeds and account agreements—those words usually determine what happens on death.
• Don’t assume a “joint” label means survivorship—ask the institution for the account’s legal status in writing.
• Get several certified death certificates early; institutions often require originals or certified copies.
• Keep beneficiary designations up to date—these override wills for many assets.
• Even when assets pass outside probate, you may still need to record paperwork (e.g., a death certificate or affidavit) to clear title for real estate or transfer accounts.
• If creditors or tax issues appear likely, consider opening probate so you can resolve claims formally and limit personal exposure.
• When in doubt, contact the Maine Probate Division or a Maine-licensed attorney to confirm next steps for your situation: https://www.courts.maine.gov/maine_courts/probate/.

Disclaimer: This article explains general principles of Maine law and is for educational purposes only. It is not legal advice. For advice about a specific estate, probate, or property matter in Maine, consult a licensed Maine attorney.