Collection of Personal Property by Affidavit vs. Full Probate in Maine: Which Applies?
Collection of Personal Property by Affidavit is a narrower, faster alternative to full probate in Maine — available only when the estate meets 18-C M.R.S. § 3-1201 (Collection of Personal Property by Affidavit)'s conditions (at or under $52,500 (entire estate value, wherever located, less liens and encumbrances — no Maine residency/domicile requirement for the decedent)). Once an estate falls outside those conditions, full probate is what applies instead. This is informational only and is not legal advice.
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What makes Collection of Personal Property by Affidavit different from full probate
Collection of Personal Property by Affidavit is a narrower, faster alternative to full probate in Maine — available only when the estate meets 18-C M.R.S. § 3-1201 (Collection of Personal Property by Affidavit)'s specific conditions (non-exempt property at or under $52,500 (entire estate value, wherever located, less liens and encumbrances — no Maine residency/domicile requirement for the decedent)). Full probate has no such ceiling and no comparable shortcut; it's the default process every estate falls back into once it doesn't meet a narrower mechanism's conditions.
When an estate is pushed into full probate instead
- The estate exceeds the $52,500 (entire estate value, wherever located, less liens and encumbrances — no Maine residency/domicile requirement for the decedent) cap. Even one dollar over the statutory line under 18-C M.R.S. § 3-1201 (Collection of Personal Property by Affidavit) disqualifies collection of personal property by affidavit entirely — there's no partial or reduced-scope version of this mechanism for an estate just over the ceiling.
- 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.
- 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.
Why it's worth checking first: full probate is slower and typically far more expensive than collection of personal property by affidavit — a probate attorney typically charges $1,500–$4,200+ for the more limited process this guide covers, and full probate usually costs more and takes longer on top of that. Confirm eligibility before assuming you need the bigger process — see what qualifies for Collection of Personal Property by Affidavit in Maine.
Once you know which path applies, here's the next snag
Whichever mechanism fits, presenting it to the asset holder is where families lose time. Free one-pager: what to bring and say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop.