Disclaimer: This article provides general information about Maine law and is not legal advice. Consult a qualified attorney for advice specific to your situation.
Detailed Answer
In Maine, if an estate’s personal property (excluding certain exemptions like the homestead) totals no more than $40,000, heirs may use the Small Estate Affidavit process under Title 18-A M.R.S. §3-1208. This streamlined procedure lets eligible individuals collect and distribute assets without opening full probate.
1. Confirm Eligibility
- Determine the value of all non-exempt assets. Exemptions include up to $40,000 in personal property and statutory homestead allowances. See 18-A M.R.S. §3-1208 (https://legislature.maine.gov/statutes/18-A/title18-Asec3-1208.html).
- Ensure no pending formal probate or administration exists for the decedent’s estate.
- Confirm at least 30 days have passed since the decedent’s death to allow creditors to come forward.
2. Gather Required Documents
- Original death certificate.
- List of all known heirs and their relationship to the decedent.
- Affidavit form, available from the clerk of the probate court or online at your county probate court website.
- Supporting documents showing asset ownership (e.g., bank statements, titles or deeds).
3. Complete the Small Estate Affidavit
- Provide the decedent’s name, date of death and last residence.
- Itemize each asset, its fair market value and location.
- State that all known creditors have been paid or none exist.
- Swear or affirm the truth of the statements before a notary public.
4. File with the Probate Court
- Submit the notarized affidavit and death certificate to the clerk of the probate court in the county where the decedent lived.
- Pay any applicable filing fee (varies by county).
- The clerk will review and, if approved, issue an order authorizing distribution of the estate assets.
5. Distribute Assets to Heirs
- Divide assets according to Maine’s intestacy laws if there is no will (Title 18-A M.R.S. §2-101 et seq.).
- Transfer title or close accounts in the heir’s names, presenting the court’s order and affidavit as proof of authority.
- Keep copies of all transfers, receipts and distributions for at least two years.
Helpful Hints
- Verify asset values using recent statements or appraisals.
- Notify all potential heirs early to prevent disputes.
- Allow adequate time for creditor claims before distributing assets.
- Use certified mail to serve notice on heirs and creditors, creating a paper trail.
- Maintain clear records; proper documentation can protect you from future challenges.
- Consult an attorney if assets exceed the threshold or if disputes arise.