Maine Collection of Personal Property by Affidavit
If a bank told you an account is frozen and didn't explain what that actually means, you're not stuck, and
you're not the only one this has happened to. A probate attorney would typically charge $1,500–$4,200+ to walk you through exactly what Maine law
already lets you do yourself. This guide is $37,
one-time, and covers the same ground — the eligibility rule, the official form, and what to say if a bank or
clerk pushes back.
When a decedent's entire estate — wherever located, less liens and encumbrances — is worth $52,500 or less (the inflation-adjusted threshold for deaths in 2026), a successor can collect personal property directly from banks, employers, and other holders using a sworn affidavit under 18-C M.R.S. § 3-1201, instead of opening a probate case. The affidavit cannot be used for real estate. This is informational only, written by researchers, not attorneys.
Last reviewed
Why this guide exists
The state's own form is usually clear about the fields and silent about the process. Families commonly report
a bank branch insisting on court-issued Letters of Administration that the small estate statute doesn't
actually require, and each extra trip lands in the same weeks as the funeral. Closing that gap — between a
downloaded form and an asset holder who actually releases the property — is the whole reason this
guide exists. Written under the pen name James Whitfield; not an attorney.
Built on the statutory requirements, not a guess
Every claim cited to 18-C M.R.S. § 3-1201 (Collection of Personal Property by Affidavit)
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Why timing matters: Maine's threshold isn't a fixed number — it changes every year under 18-C § 1-108's Consumer Price Index formula, and each of Maine's 16 county probate courts must publish the current figure on its own website. An estate that was over the limit a few years ago may qualify today, and the reverse is also true: don't rely on an old figure you've seen cited elsewhere. Separately, if a bank or other holder refuses a properly completed affidavit, § 3-1202 already gives a direct answer — it fully protects a holder who complies, and it lets a refused successor bring a proceeding to compel payment or delivery, so a stalled account is something concretely actionable, not an open-ended wait. Miss the window and the estate is generally pushed into full probate instead — a probate attorney typically charges $1,500–$4,200+ for work this guide is built to help you avoid.
The Maine $52,500 Collection of Personal Property by Affidavit cap
Filing Collection of Personal Property by Affidavit in Maine starts with one number — the statutory cap. The estate, measured the way the statute measures it, has
to be at or under $52,500 (entire estate value, wherever located, less liens and encumbrances — no Maine residency/domicile requirement for the decedent), under 18-C M.R.S. § 3-1201 (Collection of Personal Property by Affidavit). This is a
statutory line, not a judgment call — the court or asset holder either sees the total under the cap or they
don't.
There's also a fixed 30-day waiting period after death before
you can file at all — separate from the eligibility question, and it doesn't move regardless of how quickly
you gather everything else.
Collection of Personal Property by Affidavit is presented directly to the asset holder — no court filing required. Maine does not publish a fill-in form for this mechanism — see the how-to-file guide below for what the statute requires instead.
How to file, step by step
1
Confirm the estate qualifies
Add up the entire estate's value, wherever located, less any liens and encumbrances. It must not exceed the current year's adjusted threshold ($52,500 for deaths in 2026 — check your county probate court's own published figure if the death occurred in a different year, since this amount changes annually). Confirm at least 30 days have passed since the death, and that no one has applied for or been granted appointment as personal representative in any jurisdiction.
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2
Prepare the affidavit to meet the statute's four required statements
The affidavit must state: the entire estate's value, wherever located, doesn't exceed the current year's adjusted threshold; 30 days have elapsed since death; no personal representative petition is pending or granted anywhere; and you're entitled to the property as successor. Maine's probate courts publish a widely-used affidavit (AF-102) built around these same four statements, available through maineprobate.net.
3
Sign before a notary
The affidavit must be signed by or on behalf of the claiming successor and notarized before it's presented to any holder of the decedent's property.
4
Present the affidavit to the holder
Deliver the notarized affidavit to whoever holds the property — a bank, an employer owing final wages, or a corporation's transfer agent for stock. A transfer agent must re-register securities from the decedent to you upon presentation of the same affidavit.
5
If the holder refuses, cite the discharge and compel-compliance statute directly
18-C § 3-1202 fully discharges a holder that pays or delivers property in reliance on a compliant affidavit, and separately allows a proceeding to recover the property or compel payment, delivery, transfer, or issuance if a holder refuses despite a properly completed affidavit.
Maine lets a successor collect a decedent’s personal property — bank accounts, uncashed checks,
stock, and similar assets — directly from whoever holds it, without opening a probate case, when
the entire estate, wherever located and less any liens and encumbrances, is worth $52,500 or
less (the threshold for deaths in 2026 — this figure adjusts every year). The process is a sworn
affidavit under 18-C M.R.S. § 3-1201 (“Collection of Personal Property by Affidavit”), presented
directly to the bank, employer, or other holder — not filed with a court. Maine publishes an
official statewide fill-in form, AF-102, to complete it.
The affidavit cannot be used for real estate. If a probate case is already open and a personal
representative has already been appointed, a different, separate procedure (18-C §§ 3-1203, 3-1204)
may let that personal representative close the estate quickly once it’s confirmed to be small — but
that option only exists inside an already-open case, not as an alternative first step for a family
that hasn’t filed anything yet.
This page is informational only. It is not legal advice, and it does not draft, file, or
individualize any affidavit. For advice on a specific estate, consult a licensed Maine attorney.
What it actually looks like
Sample pages from the guide
Real pages from the Maine guide PDF. Click any page to enlarge.
Print-friendly, readable on a phone or tablet, and designed to be taken to the bank or clerk. Every operational
claim cites the actual statute or official publication.
Maine doesn't publish a fill-in form for this mechanism, so an attorney drafts the filing either way. The
$37 is for the guide — the requirements checklist and everything around it — that turns the attorney's
job into drafting alone, instead of research-and-drafting on your bill.
This guide
Attorney alone (no prep)
DIY research, no guide
Doing nothing
Cost
$37 + attorney's drafting fee
$1,500–4,200+ (research + drafting)
$0 upfront — real risk of a rejected filing
Eventually full probate, if the estate is never settled
Time to filed
Faster — drafting only
2–6 weeks (research + drafting)
Unpredictable
Not until you act
Bank/DMV/clerk pushback script
Yes
Sometimes
No
n/a
Statute citations
Yes
n/a
If you find them yourself
n/a
Delivery time
Instant (guide); attorney schedules separately
After consult + retainer
Instant, but unverified
n/a
Attorney costs reflect typical Maine probate-attorney retainers for this kind of filing.
The most-searched sticking point
What to do when a bank, DMV, or clerk pushes back
A facially valid filing still gets rejected on the first try more often than it should — usually because front-line staff have never processed one before, not because anything is actually wrong. This is the single biggest gap in every free state resource: none of them tell you what to actually say. The guide's Section 5 gives you the exact script and citation for each of these:
Bank or other holder refuses to honor a properly completed affidavit
Family isn't sure whether they should use this affidavit or wait for the estate to go through probate
Each one has a specific script and statutory citation behind it — not just "you're right, they're wrong," but
exactly what to say and what document to hand over. That's in the guide.
If a bank, DMV, title company, or court clerk rejects your filing for a reason traceable to following this
guide, you get a full refund.
Email the stated rejection reason to support@estateaffidavitguide.com within 30 days of
purchase and we refund the full purchase price within one business day. No phone tag, no forms, no fight.
Not covered: an estate that turns out to be over the dollar limit, a dispute among heirs, or a missing document
unrelated to the filing itself. Changed your mind for any other reason? You have 7 days, no questions asked.
Full refund policy.
Avoid these
4 common reasons filings get rejected
▸ Estate's total value exceeds the current year's adjusted threshold
The entire estate, wherever located, valued less any liens and encumbrances, must not exceed the amount published for the year of death under 18-C § 1-108's cost-of-living adjustment — $52,500 for decedents dying in 2026. This is a whole-estate test, not a per-account test: several modest accounts and a vehicle that together exceed the threshold do not qualify even if no single asset does on its own. — 18-C M.R.S. § 3-1201(1)(A); § 1-108
▸ Fewer than 30 days have passed since death
The affidavit cannot be presented to a holder, and cannot even truthfully state the required 30-day fact, until at least 30 days have elapsed since the decedent's death. — 18-C M.R.S. § 3-1201(1)(B)
▸ A personal representative has already been appointed, or a petition is pending
If any application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction, this affidavit is no longer available — the affidavit must affirmatively state that no such appointment is pending or granted anywhere. — 18-C M.R.S. § 3-1201(1)(C)
▸ The asset is real estate
18-C § 3-1201 only ever describes personal property, an instrument evidencing a debt or obligation, or securities — it has no provision transferring real property. A family whose main asset is the decedent's home needs a different process (commonly a probate proceeding) to transfer real estate, regardless of the estate's total value. — 18-C M.R.S. § 3-1201
Before you present the Maine Collection of Personal Property by Affidavit
Most rejected-on-the-first-try filings are a front-line-staff problem, not an eligibility problem. This free one-pager has what to bring and what to say the first time you hand it to a bank, DMV, or clerk — emailed now. We'll also send a few short follow-ups over the next few weeks (why most pushback is unfamiliarity not law, the exact citation to point to, when to call an attorney) — then we stop. No ongoing newsletter.
Questions
Frequently asked questions
What is Maine's small estate affidavit called officially?
18-C M.R.S. § 3-1201 titles it "Collection of personal property by affidavit." Maine's own statewide form, published by its probate courts, calls it the "Small Estate Affidavit for Collection of Personal Property" (Form AF-102) — both names refer to the same process.
What is Maine's current small estate affidavit threshold?
$52,500 for decedents who died in 2026. This figure adjusts every year under 18-C § 1-108's Consumer Price Index formula and is published annually by every one of Maine's 16 county probate courts. If the death occurred in an earlier year, a lower figure applies — 2025's was $51,100, 2024's was $49,700 — so check the year of death, not just the current year's number.
Is there an official Maine small estate affidavit form?
Yes. Form AF-102, "Small Estate Affidavit for Collection of Personal Property," is published statewide on maineprobate.net, the shared portal used by all 16 county probate courts. It's a one-page sworn affidavit built directly around § 3-1201's own required statements.
Does this affidavit cover a house or other real property?
No. 18-C § 3-1201 only describes personal property, debts, and securities — it has no provision for transferring real estate, regardless of the estate's total value. A family whose main asset is the decedent's home generally needs a probate proceeding to transfer real property.
Do I have to file this affidavit with a court?
No. It's presented directly to the bank, employer, or other holder of the property — never filed with a probate court. A Maine probate court only becomes involved if a holder wrongfully refuses to honor a compliant affidavit, since § 3-1202 allows a proceeding to compel payment or delivery in that situation.
What if a personal representative has already been appointed for the estate?
Then this affidavit isn't available — § 3-1201 requires that no application or petition for a personal representative be pending or granted anywhere. If a probate case is already open and a personal representative has already been appointed, that PR may instead be able to use a separate summary-closing procedure (18-C §§ 3-1203, 3-1204) to wind the estate down quickly once it's confirmed to be small — a different process available only inside an already-open case, not an alternative starting point for a family that hasn't filed anything yet.
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reason within 7 days.
No waiting room, no retainer. The 30-day wait after death is fixed, but most of the
remaining delay families hit is an avoidable rejection or a second trip back to the same bank, DMV, or clerk —
this guide is built to help you avoid both on the first visit.
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Primary sources
State sources
▸
Every claim here cites the actual statute or an official publication — see them
What to bring and what to say the first time you hand a Maine Collection of Personal Property by Affidavit to a bank, DMV, or clerk — emailed now, plus a few short follow-ups over the next few weeks, then we stop. No ongoing newsletter.
Free checklist
Before you present the Maine Collection of Personal Property by Affidavit
What to bring and what to say the first time you hand it to a bank, DMV, or clerk — so unfamiliarity on their end doesn't turn one trip into two. Emailed now, plus a few short follow-ups over the next few weeks, then we stop. No ongoing newsletter.
