Maine Intestate Succession: Who Inherits When There Is No Will

When someone dies without a valid Will in Maine, the state's intestate succession laws — found in Title 18-C of the Maine Revised Statutes — determine who inherits and in what proportions. The estate doesn't automatically go to the surviving spouse. It depends on whether the decedent had children, whether those children are also the surviving spouse's children, and the total value of the estate.

Here's how Maine's rules work, who gets what, and what steps come next.

The Surviving Spouse's Share

The surviving spouse's share under Maine intestate succession depends on who else survives the decedent:

If the decedent leaves a surviving spouse and no surviving children or parents: The surviving spouse inherits the entire intestate estate.

If the decedent leaves a surviving spouse and children who are all also the children of the surviving spouse: The surviving spouse still inherits the entire intestate estate. Maine's law was updated under the Maine Uniform Probate Code (MUPC) to reflect the modern reality that in most first-marriage families, spouses want to leave everything to each other.

If the decedent leaves a surviving spouse and one or more children from a prior relationship (not the surviving spouse's children): The surviving spouse receives the first $150,000 from the estate, plus half of the remainder. The other half goes to the decedent's children.

If the decedent leaves a surviving spouse and surviving parents but no children: The surviving spouse receives the first $300,000 from the estate, plus 75% of any amount above that. The parents share the remaining 25%.

Example: An estate worth $400,000, with a surviving spouse and one child from a prior marriage. The surviving spouse receives $150,000 plus half of the remaining $250,000 ($125,000) = $275,000 total. The child receives $125,000.

What Children Inherit

Children inherit the portions not taken by the surviving spouse under the scenarios above. All children of the decedent inherit equally, including children from prior relationships and children born outside of marriage if legally established.

If a child predeceased the decedent but left living descendants (grandchildren of the decedent), those descendants inherit by representation — meaning they step into their parent's share and divide it equally among themselves.

What If There Is No Surviving Spouse?

If there is no surviving spouse, the entire estate passes to:

1. The decedent's children (and their descendants by representation)
2. If no children or descendants: to the decedent's parents equally, or to the surviving parent
3. If no parents: to the decedent's siblings and their descendants
4. Further up the family tree if none of the above survive

Maine intestate succession eventually reaches "escheat" — if no qualifying heirs exist, the estate passes to the state of Maine. This is rare in practice.

What Is Not Covered by Intestate Succession

Intestate succession governs only the probate estate — assets owned solely in the decedent's name with no survivorship mechanism.

Assets that pass outside of intestate succession include:

• Jointly held property (joint tenancy with right of survivorship): Passes automatically to the surviving joint owner
• Payable-on-death (POD) bank accounts: Passes directly to the named beneficiary
• Transfer-on-death (TOD) deeds for real property: Passes to the named beneficiary without probate (see maine-transfer-on-death-deed)
• Life insurance with named beneficiaries: Passes to the beneficiary outside of probate
• IRA and 401(k) accounts with named beneficiaries: Same — outside of probate
• Trusts: Assets in a properly funded trust pass according to trust terms, not intestate succession

This means the probate estate — the part governed by intestate rules — may be much smaller than the total estate. A couple that set up joint accounts and beneficiary designations years ago may have very little in the probate estate even if the overall estate value is substantial.

The Small Estate Path for Intestate Estates

If the probate estate (property actually subject to intestate succession) is worth $52,500 or less in 2026, and doesn't include real estate, the estate can bypass the probate court entirely using the Small Estate Affidavit (Form AF-102). This affidavit can be used by heirs after 30 days have elapsed from the date of death, provided no probate petition has been filed.

For larger estates or those involving real property, the heir or surviving spouse must open a probate case by filing Form DE-101 (Petition for Formal Adjudication or Formal Appointment — Intestate) with the county Probate Court.

The Cost Penalty for Dying Without a Will

Dying intestate in Maine typically increases estate administration costs by 20% to 40% compared to estates with a valid Will. The reasons:

• Surety bond: The personal representative of an intestate estate is usually required to post an annual surety bond costing approximately 0.5% to 1% of the estate value. This requirement can be waived by the court but is not automatic.
• Heir disputes: Without a Will to specify the decedent's wishes, disputes among heirs are more common, particularly in blended families.
• Court involvement: Intestate estates are more likely to require formal probate (rather than informal) to adjudicate the heirs.

Protecting the Surviving Spouse's Rights

Even in an intestate estate, the surviving spouse's statutory allowances take priority over everything else:

• Homestead Allowance: $29,500 (2026)
• Exempt Property: $19,700 in household goods and personal property
• Family Allowance: $35,400 for household maintenance during estate administration

These are paid from the estate before any distribution to heirs — even in an intestate proceeding where children from a prior marriage might otherwise argue about shares.

The surviving spouse also retains the right to claim the elective share if the intestate distribution would result in receiving less than their statutory entitlement — though this is less likely in a standard intestate scenario where the surviving spouse receives the bulk of the estate.

Opening an Intestate Probate Case

If probate is required, the surviving spouse or another interested person files Form DE-101 with the county Probate Court. The court will appoint a personal representative (similar to an executor) to administer the estate. The personal representative then:

1. Notifies creditors and allows the creditor claim period to run
2. Inventories the estate (Form DE-405, due within 3 months of appointment)
3. Pays valid debts and the statutory allowances
4. Distributes the remainder according to intestate succession rules
5. Files the final accounting (Form DE-406) to close the estate

Filing fees are tiered based on estate value — $40 for estates under $10,000, rising to $325 for estates between $100,001 and $150,000, and up from there.

What to Do Right Now

If there is no Will and the estate involves real estate, significant personal property, or any complexity (prior marriages, children from multiple relationships, business interests), open a probate case promptly. Delay creates complications: creditor deadlines run from the date notice is given, and the automatic estate tax lien on real property sits unresolved until a personal representative is appointed and the lien discharge process begins.

The Maine Survivor Benefits Navigator covers the full intestate process, including the forms, the fee schedule, the statutory allowances, and the MaineCare estate recovery rules that apply when a deceased spouse received long-term care benefits.

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