Maine Small Estate Affidavit | Affidavit of Heirship
In the state of Maine, successors may file either an affidavit of heirship for real or personal property, or a small estate affidavit for real estate, after 30 days past their loved one’s death have elapsed. Successors may wait up to 2 years to file the affidavits if necessary. Maine statutes define a small estate as $40,000, including liens and encumbrances, or the estate will automatically go to probate for distribution without a decedent’s last will and testament.
Affidavit of Heirship: If a decedent’s personal property, including bank accounts, vehicles, heirlooms, and other personal property, values at $40,000 or less, then successors may file an affidavit of heirship in Maine to collect and distribute that property without going to probate court.
Small Estate Affidavit: Estate value may not exceed $40,000 including liens, encumbrances, the homestead and family allowance, reasonable funeral expenses, and other taxes and values, and successors must wait at least 30 days after the decedent’s passing to file the small estate affidavit.