Maine probate code · checked October 2026
For money and belongings, Maine's affidavit limit is $52,500 — applied to the estate after the assets that pass automatically are taken out. The Maine cap is measured on the ENTIRE estate, wherever located, less liens — so a house's equity can disqualify the affidavit even though the affidavit itself collects personal property only. The affidavit, where one exists, cannot be used until 30 days have passed since the death.
The affidavit limit today: $52,500, judged by the law in force on the date of death.
The paper: AF-102, Small Estate Affidavit for Collection of Personal Property (Maine Probate Courts).
How it moves: presented to whoever holds the property; no court case is opened.
The wait: 30 days after the death before the affidavit can be used.
For a surviving spouse: No different spousal cap; a surviving spouse claims as a successor under the will or intestacy under the same indexed cap.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $52,500 | Presented to whoever holds the property; no court case. Form: AF-102, Small Estate Affidavit for Collection of Personal Property (Maine Probate Courts). |
A vehicle is personal property collectible by the AF-102 affidavit (presented to the holder/BMV); its value counts toward the entire-estate cap - there is no separate vehicle exclusion.
No solvency precondition in 18-C 3-1201; the affidavit need only state the estate-value limit, that 30 days have elapsed, that no personal-representative application is pending or granted, and that the claiming successor is entitled to the property.
Rules checked October 2026 · Sources: 18-C M.R.S. 3-1201; 18-C M.R.S. 1-108; 18-C M.R.S. 6-401 et seq.. This page reads the published law; it is not legal advice, and the court is the final word.