Maine Small Estate Affidavit

The Maine Small Estate Affidavit allows the heirs (called the “Successors”) to a family member that has passed away (called the “Decedent”) to lawfully collect the deceased loved one’s estate, so long they have waited a minimum of thirty (30) days since the individual’s death. The document may be provided to any individual who is a) indebted to the Decedent, b) in possession of the Decedent’s tangible personal property, or c) in possession of any instrument that is defined by state law as a debt, obligation, or stock regarding the Decedent. Once presented with the affidavit, the person must make the due payment or delivery of property owed to the Successor(s).

Laws & Required Conditions

Laws: 18-A, Part 12

Maximum Estate Value: $20,000

Required Conditions: In addition to the fact that the value of the estate must fall within the prescribed maximum, the state outlines three (3) rules that apply to the execution of all Maine Small Estate Affidavits:

  1. The Affidavit must only be presented at least thirty (30) days after the Decedent’s death,
  2. It is not possible to execute one if there is a current or pending appointment of a personal representative,
  3. The individual making use of the Affidavit must be lawfully entitled to the payment or property they are trying to claim.