What the rule says
Under Me. Rev. Stat. tit. 18-C, § 3-1201, a Maine successor can collect personal property of a Maine decedent without going through formal probate, if:
- The total value of the personal property does not exceed $40,000 - The decedent has been dead for at least 30 days - No application for the appointment of a personal representative has been granted - The successor presents an affidavit
What this means in practice
Key practical points:
- 30-day waiting period. - $40,000 threshold counts personal property only. - Real property requires separate procedures. Maine recognizes TOD deeds. - No court involvement for the affidavit procedure.
How this fits with ME's other tools
Maine offers:
- Small estate affidavit (§ 3-1201): Personal property up to $40,000. - Summary administration: For specific simple cases. - Informal probate: Standard streamlined procedure. - Formal probate: Court-supervised when warranted. - TOD deed (Me. Rev. Stat. tit. 18-C, § 6-401 et seq.): Maine recognizes TOD deeds.
What you can do about it
For a survivor of a Maine decedent:
1. Calculate personal property value. Stay within $40,000. 2. Wait 30 days from death. 3. Prepare and present the affidavit. 4. Distribute property.
Who this affects most
Maine's small-estate affidavit is most relevant for survivors of Maine decedents with modest probate estates.