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18-C M.R.S. § 3-1201 · checked 2026-10-20
Maine small estate affidavit limit
In Maine the affidavit for collection of personal property is available when the value of the entire estate, less liens and encumbrances is within $40,000 as adjusted for inflation, and it can be used 30 days after the death. It works through an affidavit handed to the bank or other holder, with no court filing.
- 1Dollar limit $40,000 base
- 2Waiting period 30 days
- 3Filed with Asset holder
- 4Statute 18-C M.R.S. § 3-1201
What 18-C M.R.S. § 3-1201 says
The operative words of the statute, as read on 2026-10-20:
“$40,000, adjusted for inflation”
That test is applied to the value of the entire estate, less liens and encumbrances.
The $40,000 figure is adjusted for inflation under 18-C M.R.S. § 1-108, and county probate courts must publish the adjusted threshold each year. Estates at or under $40,000 are within the limit; above it, the current adjusted figure decides.
Source: 18-C M.R.S. § 3-1201. Last checked 2026-10-20.
Worked examples against the $40,000 limit
| Estate value | Result under 18-C M.R.S. § 3-1201 |
|---|---|
| $24,000 | Within the limit |
| $40,000 | Within the limit |
| $41,000 | Above the base figure: compare with the current inflation-adjusted figure |
Values are the estate as the statute measures it — value of the entire estate, less liens and encumbrances — not everything the person owned. Maine's figure is $22,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 41st from the top, level with Connecticut, Missouri.
When the route opens
The statute requires 30 days to pass after the death. For a death on January 15, 2026, the earliest date is February 14, 2026. 7 of the 31 jurisdictions with a written wait make people wait longer and 3 wait less; the median is 30 days.
If the estate goes through full probate instead, creditors have 4 months counted from first publication of the notice (18-C M.R.S. § 3-801(1)). The Maine probate timeline works those dates through.
Filing and fees
This is a no-court procedure: the person entitled to the property signs the affidavit and presents it to whoever holds the asset — a bank, a transfer agent, a motor-vehicle office. The court fee schedule for Maine could not be read when this page was checked, so no fee is shown.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the affidavit for collection of personal property and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby New England jurisdictions
Connecticut: $40,000; Massachusetts: $25,000 after 30 days; New Hampshire: no dollar cap; Rhode Island: $15,000 after 30 days; Vermont: $45,000.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Maine probate court or its self-help center before filing.