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Estate Affidavit Guide

Maine Collection of Personal Property by Affidavit Checklist: How to File, Step by Step

Maine does not publish a fill-in form for Collection of Personal Property by Affidavit — 18-C M.R.S. § 3-1201 (Collection of Personal Property by Affidavit) instead lists what a compliant filing must contain. Below is that requirement, explained in plain language and cited section by section. This is informational only and is not legal advice; we do not draft or individualize the filing.

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Maine does not publish a fill-in form for Collection of Personal Property by Affidavit — 18-C M.R.S. § 3-1201 (Collection of Personal Property by Affidavit) instead sets out what a compliant filing must contain. Here is the full sequence, with the statutory fact behind each 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. View source →

  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.

The step families get stuck on is presenting the completed filing to a bank, DMV, or title company — see also how long the whole process actually takes once the waiting period passes.

What Maine requires instead of a fill-in form

Maine does not publish a fill-in collection of personal property by affidavit form. That means the requirements above — read directly against 18-C M.R.S. § 3-1201 (Collection of Personal Property by Affidavit) — are what a compliant filing has to satisfy, whether you prepare it yourself where permitted or bring it to an attorney to draft.

The step that isn't really paperwork

Presenting it to the bank, DMV, or title company is where families actually lose time — most front-line staff have never processed this kind of filing before. Free one-pager: what to bring and what to say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop. No ongoing newsletter.

Email only — we never ask for estate value, family details, or account numbers, and never sell your address.