Using a Small-Estate Affidavit in Maine to Collect a Deceased Parent’s Bank Account: What to Know
Short answer (FAQ style): In Maine, you may be able to collect funds from a deceased parent’s bank account without full probate by using a small-estate procedure or an affidavit of collection, but whether you can do so depends on how the account was titled, the total value of the decedent’s personal property, the bank’s policies, and whether other heirs or creditors have claims. If the account is payable-on-death (POD) or jointly owned, you generally present a death certificate and the bank’s required documents. If the account is solely in the decedent’s name and the estate is small, Maine’s probate rules offer simplified collection options—but banks sometimes require a court document. Read on for step-by-step guidance, documents to prepare, and when to consult an attorney.
What a “small-estate affidavit” does
A small-estate affidavit (sometimes called an affidavit for collection of personal property) is a sworn statement used to claim personal property from a bank or other holder when the decedent’s estate qualifies as a “small” estate under state law. The affidavit identifies the claimant, states the decedent’s heirs, and describes the assets to be collected. It allows transfer of funds without opening a full probate administration in many situations.
Important first checks (do these immediately)
- Obtain certified copies of the death certificate from the registrar of vital records.
- Look at the bank account’s title and beneficiary designations: joint account? payable-on-death (POD) or transfer-on-death (TOD) beneficiary named?
- Locate the deceased’s will (if any) and any estate planning documents.
- Make a preliminary inventory of the decedent’s assets and debts to estimate whether the estate will qualify as “small.”
How account title affects collection
- Joint accounts: If the account was jointly held with right of survivorship, the surviving co-owner usually becomes the account owner automatically. Bring ID and the death certificate; the bank will typically retitle the account.
- POD/TOD accounts: If a beneficiary is named, the beneficiary claims the funds by presenting identification and the death certificate. No probate is usually required.
- Account in decedent’s sole name: If there is no beneficiary or joint owner, the bank will usually require either probate appointment of a personal representative or a small-estate collection procedure if eligible.
Does Maine have a small-estate procedure?
Maine law provides simplified procedures for dealing with smaller estates and for collection of personal property without full administration. For the exact statutory language and requirements, consult the Maine Revised Statutes (Probate Code) and the Maine Courts’ probate resources. Authoritative legal texts and the statutes are available from the Maine Legislature and the Maine Judicial Branch:
Each bank may also have its own affidavit form and internal limits for paying out without probate. The required documents and the monetary threshold that qualifies an estate as “small” can vary between banks and according to the specific statutory criteria. Always confirm the bank’s requirements early.
Step-by-step: Using a small-estate affidavit in Maine
- Confirm whether a small-estate affidavit applies. Determine whether the decedent’s personal property (cash, bank accounts, personal items) falls under the threshold for simplified collection. Check the Maine statutes or ask the probate clerk what statutory procedures apply.
- Contact the bank. Ask what the bank requires to release funds: a bank affidavit form, a court document, certified death certificate, and proof of your identity and relationship.
- Complete the affidavit and gather documents. The affidavit typically requires: your name and address; the decedent’s name and date of death; a statement that you are the person entitled to collect; an inventory of the property being claimed; and disclosure of other heirs. You will need a certified death certificate and often a copy of the decedent’s will (if one exists) or proof that none exists.
- Have the affidavit notarized and, if required, filed with the probate court. Some banks accept a notarized affidavit without any court filing; others require a probate court to review or issue a small order. Follow the bank’s instructions.
- Present the affidavit to the bank with supporting documents. Bring original certified death certificate(s), your ID, and any documents showing your right to collect (e.g., will, beneficiary designation, or letters of administration if previously issued).
- Expect possible holds or requests for additional documentation. Banks may place a short hold while they verify the affidavit and search for other claims or co-owners.
- If the bank refuses or another heir objects. If the bank refuses to release funds or another person contests the claim, you may need to open a formal probate administration or ask the probate court for a ruling.
Common pitfalls and how to avoid them
- Don’t assume an affidavit will work if the estate has significant assets or unresolved debts—creditors may have priority and a court-supervised probate may be required.
- Be careful about deadlines for creditor claims and probate filings—missing a deadline can affect the estate’s ability to pay obligations.
- Disclose all known heirs and assets in the affidavit. Omitting someone can create disputes and may lead a bank to refuse payment.
- Banks vary. Even if state law allows a simple affidavit, a bank’s internal policy may require letters testamentary/administration from the probate court.
When to consult an attorney
Talk to an attorney if:
- The estate seems to exceed the small-estate threshold or has real estate or complex assets.
- There are likely creditor claims, tax issues, or contested heirs.
- The bank rejects the affidavit or a named beneficiary disputes the claim.
For help finding a lawyer in Maine, see the Maine State Bar Association’s referral services: https://www.mainebar.org
Hypothetical example (illustrative)
Suppose your father died owning a single bank account of $8,000 in his sole name, no real estate, and no significant debts. You find no named beneficiary and there is no will. You obtain a certified death certificate, confirm with the bank that they accept an affidavit for amounts under their internal threshold, complete the bank’s affidavit form (or a Maine affidavit of collection if provided), have it notarized, and present it with your ID and the death certificate. If the bank accepts the affidavit, it releases the funds to you without probate. If the bank refuses, you may file a simple probate petition with the probate court to obtain letters of administration.
Helpful hints
- Call the bank early. Ask for their specific form and checklist. Banks often have trained staff for deceased-account procedures.
- Get several certified death certificates—banks and other institutions each often require originals or certified copies.
- Keep a written record of every phone call and the names of people you speak with at the bank or court.
- If there’s a will, bring it; if there isn’t, be prepared to establish heirship.
- Be honest in the affidavit. False statements can lead to legal penalties and personal liability.
- If more than one heir wants the funds, consider mediation or an attorney to avoid disputes.
- When in doubt, call the local probate court clerk and ask whether the proposed affidavit route is appropriate for your situation.
Disclaimer: This article explains general principles under Maine law and is for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed Maine attorney or the probate court.