Detailed Answer

Short answer: In Maine you determine whether you can use the small‑estate process by totaling the decedent’s probate assets (assets that pass through the estate) as of the date of death. If the total of those probate personal property assets is at or below the Maine small‑estate threshold, you may be able to use the simplified collection procedure. To do that for a bank account, you must determine the account’s value as of the date of death, confirm whether the account is a probate asset (not jointly owned with right of survivorship or payable‑on‑death), and document that value with bank statements or a written bank confirmation.

Which Maine law governs small estates?

Maine probate law that governs simplified collection and small estate procedures is found in the Maine Revised Statutes, Title 18‑B (Probate Code). For general information and forms from the Maine Probate Court, see the Maine Judicial Branch Probate Court pages:

• Maine Revised Statutes, Title 18‑B (Probate Code)
• Maine Judicial Branch — Probate Court

Step‑by‑step: How to find out if a bank account is under the $20,000 small‑estate threshold

Below are clear steps you can follow, assuming no prior legal knowledge. (Note: references to “$20,000” reflect the commonly applied small‑estate limit for collection of personal property in Maine; confirm current statutory thresholds and procedures before acting.)

1. Identify whether the account is a probate asset.

   Ask these questions:

   • Is the account solely in the decedent’s name? If yes, it is usually a probate asset.
   • Is the account a joint account with right of survivorship? If so, the surviving joint owner often becomes the owner automatically and that portion is not part of the probate estate.
   • Is the account designated payable‑on‑death (POD) or transfer‑on‑death with a named beneficiary? If yes, that asset usually passes to the named beneficiary outside probate.
2. Establish the account value as of the date of death.

   Small‑estate eligibility is normally based on the value of probate personal property at the decedent’s date of death. Methods to establish that value:

   • Collect the bank statement that includes the date of death. The ending balance on that statement is the best starting point.
   • If the death date is between statement cycles, ask the bank for a ledger showing the exact balance on the date of death or a written statement certifying the balance on that date.
   • Get copies of checks, automatic payments, or deposits that occurred on or immediately after the date of death to adjust the balance if needed.
3. Total all probate personal property values.

   Small‑estate qualification requires you total all personal property in the estate subject to administration (not just a single account). Common probate personal property items include:

   • Bank and savings accounts in the decedent’s sole name;
   • Cash, brokerage accounts without beneficiary designation, personal property (vehicles, jewelry) if they must be collected through the estate;
   • Note: Retirement accounts, life insurance payable to a named beneficiary, jointly owned assets with rights of survivorship, and POD accounts usually bypass probate and are excluded from the estate total.
4. Subtract liens or valid debts secured against those assets, if applicable.

   Some simplified procedures look to net estate value after secured debts. Confirm whether Maine’s small‑estate process requires gross or net calculations (check Title 18‑B guidance or ask a probate clerk).

5. Compare the total to the Maine small‑estate threshold.

   If the total probate personal property value is at or below the small‑estate limit (commonly $20,000), you are likely eligible to use the simplified collection process. If the total exceeds the limit, you will likely need formal administration (probate appointment of a personal representative).

6. Prepare documentation the bank or the probate court will accept.

   Acceptable documentation commonly includes:

   • Bank statements showing the balance on the date of death;
   • A written, signed bank statement or ledger confirming the balance on the date of death;
   • Death certificate; and
   • If using the small‑estate affidavit or other simplified form, the completed affidavit and any required supporting documents or identification.

How banks typically treat accounts when someone dies

Banks have internal policies. Common responses include:

• Freezing the account when presented with a death certificate until legal authority to access funds is shown (e.g., small‑estate affidavit, letters of appointment, or beneficiary documentation).
• Releasing funds to the surviving joint owner or named beneficiary without probate if documentation shows joint ownership or beneficiary designation.
• Requiring a small‑estate affidavit or letters from the probate court for accounts that are solely in the decedent’s name and under the threshold.

Practical tips for dealing with the bank

• Call the bank’s probate or estate department and explain you need the balance as of the date of death and what documentation they will accept.
• Bring the certified death certificate and photo ID of the person making the inquiry.
• Request a written confirmation from the bank showing the account’s balance as of the date of death; this can be attached to the small‑estate affidavit or shown to the probate court.
• Keep copies of all statements, letters and emails from the bank.

Common complications and what they mean

• Joint accounts: Often pass to the surviving owner and are not included in the estate’s small‑estate calculation.
• POD or beneficiary designations: These typically bypass probate entirely and are not counted as probate assets.
• Accounts with overdrafts or pending automatic payments: These can change the balance; obtain the bank ledger for the exact date to avoid surprises.
• Conflicting bank policies: Different banks or branches may ask for different proof. Ask to speak to a manager or the bank’s legal/probate contact.

When to consult the probate court or an attorney

Contact the probate court clerk if you need guidance about forms, filing, or Maine’s exact dollar threshold and how the court calculates estate value. If the estate has disputes, unclear ownership, large debts, or tax concerns, consult an attorney.

Probate court contact: Maine Judicial Branch — Probate Court.

Example (hypothetical)

Hypothetical: Jane Doe died owning a checking account in her sole name with a balance of $12,500 on the date of death, an automobile titled solely in her name worth $3,000, and a life insurance policy naming a beneficiary. Total probate personal property = $12,500 + $3,000 = $15,500. Because the life insurance proceeds pass to the named beneficiary outside probate, they are not included. If Maine’s small‑estate threshold is $20,000, Jane’s estate would likely qualify for the small‑estate process. To proceed, gather bank statements showing the $12,500 balance on the date of death and prepare the small‑estate affidavit or form required by the probate court.

Helpful Hints

• Start with the decedent’s most recent bank statement and ask the bank for a ledger balance on the date of death if needed.
• Confirm whether an account is joint, POD, or has named beneficiaries; these usually avoid probate.
• Get a written bank confirmation of the balance — it’s often easier for the bank and the probate court to accept than relying on informal phone statements.
• Record exactly what you ask the bank and who you speak with (name, date, and what they said).
• Use the probate court’s forms and guidance. The court clerk can tell you if the small‑estate procedure applies and what evidence you must present.
• If the bank refuses to provide a dated balance, ask for a copy of the account ledger or a signed letter from the bank’s legal department.
• If you are unsure whether an asset counts as probate property, ask the probate clerk or an attorney before filing an affidavit.

Where to find official Maine resources

• Maine Revised Statutes, Title 18‑B (Probate Code) — statutory framework for probate and small‑estate procedures.
• Maine Judicial Branch — Probate Court — forms, local clerk contact information, and practical guidance.

Disclaimer

This information is educational only and is not legal advice. It summarizes common Maine procedures and practical steps to determine whether a decedent’s bank account and other property may qualify for the small‑estate process. Laws and court practices change; for advice about a specific case, consult the Maine probate court clerk or a licensed Maine attorney.