Detailed Answer
In Maine, the document commonly used to establish heirs and collect personal property of a deceased person without formal probate is called a Small Estate Affidavit. It functions similarly to an heirship affidavit in other states. Under Maine law, if the deceased’s personal property in the state does not exceed $40,000 in value and there is no will, an heir can prepare and submit this affidavit to gather assets like bank accounts.
Follow these steps to prepare your affidavit:
- Verify Eligibility: Confirm that the decedent was a Maine resident or owned personal property in Maine and that the total value of that property is under $40,000 (18-A M.R.S. §2-702).
18-A M.R.S. §2-702 - Identify Heirs: List all heirs according to Maine’s intestacy laws (18-A M.R.S. §2-101 et seq.). Typically, heirs include a surviving spouse and children, or, if none, other next of kin.
- Gather Documentation: Obtain certified death certificate, proof of property value (bank statements, appraisal), and identification for each heir.
- Draft the Affidavit: Include:
- Decedent’s full name, date of death, and last known address.
- Statement that no formal probate is pending.
- List and value of personal property in Maine.
- Names, addresses, and relationships of all heirs.
- Oath confirming accuracy of statements.
- Notarize the Affidavit: All heirs who will collect property must sign in front of a Maine notary public.
- File or Present the Document: Submit the notarized affidavit to the institution holding the assets (e.g., bank or brokerage). They will release assets to the heirs based on their ownership shares.
Key Maine Statutes
- Small estates—collection by affidavit: 18-A M.R.S. §2-702
- Definitions and intestacy order: 18-A M.R.S. §2-101 and following sections
Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Helpful Hints
- Double-check property valuations—underestimating may disqualify you.
- Confirm no formal probate case exists before using the small estate procedure.
- Use clear, consistent names—avoid nicknames on legal documents.
- Keep copies of all paperwork and correspondence.
- Consider consulting a probate attorney if the estate is close to the $40,000 limit or if disputes arise.