Detailed answer: Which assets to list on a Maine small‑estate affidavit

Short answer: Only list assets that are part of the decedent’s probate estate and that the small‑estate procedure in Maine is intended to reach. Do not list property that passes automatically by operation of law (for example, joint tenancy with right of survivorship or assets with a designated beneficiary). Use “0” only when the decedent owned the item but its value is zero or effectively zero; leave an item blank only when it clearly does not apply.

What a small‑estate affidavit does and why you must pick assets carefully

A small‑estate affidavit is a simplified procedure that lets an eligible person collect certain assets of a deceased person without full probate administration. The affidavit is intended to cover only property that needs a claimant to show title to third parties and that is within any statutory dollar limit or categories the state allows.

Because the affidavit replaces formal probate for those assets, you should list only assets that (1) were owned by the decedent alone at death, and (2) are eligible under the small‑estate rules in Maine. Listing assets that are not probate assets can create confusion, delay, or even wrongful transfers. Conversely, failing to list an asset that is a probate asset can leave you unable to collect it through the affidavit.

Step‑by‑step: How to decide whether to list an asset

1. Gather documents. Get the decedent’s will (if any), death certificate, bank statements, account titles, deeds, vehicle titles, insurance policies, retirement account statements, and any beneficiary designation forms.
2. Ask: Did the decedent own this asset solely in their name?
   • If the answer is yes and the asset otherwise qualifies under Maine’s small‑estate rules, you generally list it.
   • If the asset was jointly owned with right of survivorship or has a valid payable‑on‑death (POD) or transfer‑on‑death (TOD) beneficiary, it usually passes outside probate and you typically do not include it on the affidavit.
3. Check for beneficiary designations. Life insurance, IRAs, 401(k)s, annuities, and some bank accounts often name beneficiaries. If a non‑probate beneficiary is named, do not list that asset as part of the probate estate; instead, the beneficiary files the claim with the institution.
4. Identify real property. Many states exclude real estate (land and houses) from small‑estate affidavits. If the decedent owned real property in their sole name, you must confirm whether Maine’s simplified forms cover real property or whether formal probate or another transfer procedure is required. Contact the Maine probate court or check official resources before trying to transfer title based on an affidavit.
5. Determine the type and value. For items you will list, find a realistic value at the date of death. Small‑estate procedures often have statutory caps; include only assets that can permissibly be collected under the affidavit process.
6. Decide how to enter amounts.
   • Put an actual dollar value for an asset you list (e.g., a bank account balance or vehicle fair market value).
   • Use “0” only when the asset exists in the decedent’s name but has no market value or balance (for example, a closed account showing $0 or a personal item with no resale value).
   • Leave a field blank when the line does not apply (for example, the form asks for a mortgage on an asset you are not listing) or when the form-maker’s instructions say to omit non‑applicable items.
7. Remember debts and liabilities are separate. The affidavit usually deals with assets, not creditors. Do not list debts as assets. If a creditor claims against the estate, handle that according to Maine probate rules.

Common asset categories — whether to list them

• Bank accounts in decedent’s sole name: Usually list. If account is POD or joint with survivor, do not list.
• Savings bonds, CDs, brokerage accounts: List if payable to the decedent’s estate or titled solely in the decedent’s name. Exclude if POD/TOD or named beneficiary exists.
• Retirement accounts and life insurance: Exclude if they have named beneficiaries; list only if payable to the estate.
• Vehicles: Many states allow transfer of a vehicle via small‑estate affidavit when the vehicle is titled solely to the decedent and within the scope of the small‑estate procedure. Check Maine Bureau of Motor Vehicles title rules before listing or attempting a transfer: https://www.maine.gov/sos/bmv/
• Real estate / houses: Often excluded from small‑estate affidavits and may require probate administration or other transfer documents. Confirm with the Maine probate court before listing or attempting to transfer.
• Household goods and personal effects: These are typically part of the probate estate and can be listed; many low‑value personal items are often grouped together with a combined value.
• Assets already transferred by operation of law: (e.g., joint tenancy, tenancy by the entirety, transfer on death). Do not list these as part of the probate estate.

Where to check Maine rules and forms

Procedures and allowable assets vary by state. Start with official Maine probate resources and forms and confirm any dollar limits or special rules:

• Maine Judicial Branch – Probate and estate information: https://www.courts.maine.gov/selfhelp/probate/
• Maine statutes and probate code (searchable): https://legislature.maine.gov/statutes/
• Maine Bureau of Motor Vehicles — titles and transfers: https://www.maine.gov/sos/bmv/

Practical examples

Example 1 — Bank account with POD to sibling: Do not list. The sibling presents the death certificate and collects the funds directly from the bank.

Example 2 — A checking account in the decedent’s sole name with a $5,200 balance: List it, with the $5,200 value shown on the form.

Example 3 — A life insurance policy naming the estate as beneficiary: List that asset and its policy cash or death benefit value as required by the form and Maine rules.

Example 4 — House titled solely to decedent: Confirm whether Maine allows a small‑estate affidavit for real estate; if not, do not attempt to list for transfer via affidavit — seek probate opening or other transfer mechanism.

When to get help

• If you cannot determine whether an asset passes outside probate (joint titles, POD, TOD, beneficiary designations).
• If the total estate value may exceed Maine’s small‑estate statutory limits or if real property is involved.
• If a financial institution or third party refuses to accept the affidavit — the probate clerk or an attorney can advise on next steps.

Helpful hints

• Start by separating probate assets from non‑probate assets — that separation is the key to filling the affidavit correctly.
• Always obtain certified copies of the death certificate; institutions will usually require them with the affidavit.
• If a joint account’s title is unclear, get a copy of the account agreement or speak with the bank — don’t guess on the affidavit.
• When in doubt, contact the local probate court clerk for guidance before filing or presenting an affidavit.
• Keep a clear inventory and copies of all documents you relied on to prepare the affidavit — this protects you if questions arise later.
• Use “0” only for items that exist but have no value; otherwise omit non‑applicable lines or follow the form’s instructions about blanks.
• Remember that a wrongful transfer can expose you to liability; when unsure, seek legal advice.

Disclaimer: This information is educational only and does not constitute legal advice. I am not a lawyer. For legal advice specific to your situation, contact the Maine probate court or a qualified attorney licensed in Maine.