Detailed Answer
Under Maine law, a small estate affidavit allows certain heirs or personal representatives to claim and distribute personal property without full probate when the total value of the estate does not exceed the statutory limit. The process is governed by 18-A M.R.S. § 2-911 (intestate estates) and § 2-912 (testate estates). You file the affidavit with the clerk of probate in the county where the decedent last resided. To complete the affidavit and collect estate assets, gather the following documents:
Required Documents
- Certified copy of the decedent’s death certificate.
- Completed Small Estate Affidavit form—use the version matching intestate (18-A M.R.S. § 2-911) or testate (§ 2-912).
- Copy of the decedent’s will, if one exists, and proof that no personal representative has been appointed.
- Detailed list of personal property assets and their fair market values.
- Evidence of ownership for each asset, such as:
- Bank, investment, or retirement account statements.
- Vehicle titles or registration certificates.
- Deeds or property descriptions if real estate is involved.
- Proof of heirship (e.g., birth or marriage certificate) if you are claiming as an heir.
- Notarized signature(s) of the affiant(s) before a Maine notary public.
- Payment of any required filing fees.
Statutory References: 18-A M.R.S. § 2-911 & § 2-912.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Maine for advice specific to your situation.
Helpful Hints
- Verify asset values with recent statements or appraisals.
- Confirm the total estate value stays within Maine’s small estate limit.
- Wait at least 30 days after the decedent’s death before filing to satisfy statutory timing.
- Check that no probate proceeding is pending in any jurisdiction.
- Keep a complete copy of all submitted documents.
- Contact your local probate clerk for filing procedures and fee schedules.
- Seek legal advice if the estate includes complex assets or potential disputes.