Maine Small Estate Affidavit (Form AF-102)

• Maximum Amount: A base of $40,000, adjusted annually for inflation under the Probate Code; the limit is keyed to the decedent’s year of death and is $52,500 currently. The affidavit covers personal property only, not real estate.^[1][2]
• Signing Requirements: Sworn and notarized (Form AF-102).^[3]
• Where to File: Not filed with the court, presented directly to the person or institution holding the asset.^[4]
• When to File: 30 days after death.^[5]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[6]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse receives the entire estate if the decedent left no descendants, or if all of the decedent’s descendants are also the spouse’s.^[7] If the decedent left descendants from another relationship, the spouse receives one-half, and the descendants share the other half.^[8]
• No Spouse, Children: The descendants take their share equally by generation, with a deceased child’s share passing to that child’s descendants. If there is no surviving spouse, the children take the entire estate.^[9]

Step 1 – Wait 30 Days

At least 30 days must pass after the decedent’s death before the affidavit may be used.^[10]

Step 2 – Confirm the Estate Qualifies

The entire estate (less liens and encumbrances) must not exceed the inflation-adjusted limit for the year of death ($52,500 for a 2026 death), the assets must be personal property, and no personal representative may be pending or appointed in any jurisdiction.^[11][12]

Step 3 – Complete Form AF-102

Complete the Small Estate Affidavit for Collection of Personal Property, stating that 30 days have passed, the estate is within the limit, no personal representative is pending or appointed, and the affiant is entitled to the property.^[12][13]

Step 4 – Sign Before a Notary

Sign the affidavit before a notary public (or attorney-at-law).^[14]

Step 5 – Present the Affidavit to the Asset Holder

Present the affidavit to the bank, transfer agent, or other holder of the property to obtain payment or transfer.^[15]