What the rule says
Maine adopted the revised Uniform Probate Code effective September 1, 2019. The intestacy statute, Me. Rev. Stat. tit. 18-C, § 2-102, follows the UPC framework:
- Spouse and all descendants are mutual: The spouse takes the entire estate. - Spouse and at least one descendant from prior relationship of decedent: The spouse takes the first $100,000 plus one-half of the balance. - Spouse and at least one descendant from prior relationship of spouse (not decedent's child): The spouse takes the first $100,000 plus one-half of the balance. - Spouse but no descendants: The spouse takes the entire estate. - Descendants but no spouse: Descendants take the entire estate by representation.
What this means in practice
- Maine resident dies without a will, leaving spouse and three mutual children. Estate $400,000. Spouse takes the entire $400,000. - Maine resident dies without a will, leaving spouse and one child from prior relationship. Estate $400,000. Spouse takes $100,000 + 50% of $300,000 = $250,000. Child takes $150,000.
What you can do about it
- Maine will requirements (Me. Rev. Stat. tit. 18-C, § 2-502). A will must be in writing, signed by the testator, and signed by two witnesses. - Maine recognizes harmless-error doctrine under § 2-503. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under Me. Rev. Stat. tit. 18-C, § 2-202, surviving spouse can elect against the will.
Who this affects most
Maine's intestacy formula is most consequential for married Maine residents in mutual-descendants families (favorable) and blended families with the $100,000 floor.