The statute starts with a $40,000 base, adjusted annually and requires annual inflation adjustments. The published amount is keyed to the year of death, so use the Probate Court table for an earlier death rather than applying the current-year figure retroactively.
Apply the net-estate ceiling
Count the entire estate wherever located, then subtract liens and encumbrances. The successor must be entitled to the property, and no application or petition for a personal representative may be pending or granted anywhere.
- For a current-year death, use the published $52,500 ceiling.
- For an earlier death, use that year's amount in the Probate Court table.
- Wait at least 30 days after death.
- Count the entire estate, not only the property being collected.
- Use this affidavit for personal property and debts owed to the decedent.
Make the four statutory statements
The affidavit states the adjusted value test, that 30 days have elapsed, that no personal-representative proceeding is pending or granted, and that the claiming successor is entitled to receive the property. Deliver it to the debtor or holder; the statute does not require opening a probate estate for this collection step.
Securities can be re-registered
A transfer agent must change registered ownership from the decedent to the successor or successors when presented with the conforming affidavit.
The collection affidavit does not transfer land
Section 3-1201 covers personal property, instruments, securities, and debts. Maine's separate informal-probate and summary-administration provisions may help a modest estate that includes property this affidavit cannot collect, but they are different court procedures.
Use another route when a condition fails
- The current indexed ceiling is exceeded.
- A personal representative is already sought or appointed.
- The property is real estate rather than personal property.
- The claimant's right to receive the property is disputed.
Where to read next
- Maine estate & inheritance tax — the state’s estate, inheritance-tax, and probate overview.
- Maine transfer-on-death deed — the separate route for real property, and whether Maine offers one.
- The Executor & Heir’s Guide — the probate deadlines for Maine, cited to the controlling statute.
Sources & methodology
Sources and current rules
| Ceiling for deaths in the current year | $52,500Maine Probate Code Cost-of-Living Adjustment under § 1-108 · estates of decedents dying in 2026 |
|---|---|
| Statutory base and adjustment | $40,000 base, adjusted annually18-C M.R.S. § 3-1201 · amended by 2025 Public Law chapter 76 |
| Wait before collection | 30 days18-C M.R.S. § 3-1201(1)(B) · current |
| Recipient accountability | 18-C M.R.S. § 3-120218-C M.R.S. § 3-1202 · current |
Methodology & sources
The Maine Probate Court cost-of-living table supplies the year-specific ceiling. Sections 1-108, 3-1201, and 3-1202 supply the adjustment rule, timing, affidavit contents, personal-property scope, securities transfer, and recipient accountability.
Editorial review draft. The source record supporting the ceiling is listed above when one is available. The procedural questions identified in the article are not yet certified.
This page is educational and is not legal advice. Whether the affidavit procedure is right for a particular estate — and what liability the signer takes on — turns on facts a general page cannot resolve, including debts that have not surfaced yet. Confirm your own situation with an attorney licensed in Maine.
Sources reviewed August 23, 2026.