What Happens if You Die Without a Will in Maine?
Without a valid will, your estate in Maine passes according to a fixed legal formula, known as intestate succession. Here's how you need to know.
If You are Married with Children
- If all of your children are also your spouse's children, and your spouse has no other children, your spouse inherits your entire estate.
- If your children are shared with your spouse, but your spouse also has children from another relationship, your spouse inherits the first $131,300 (as of 2026) of your estate, plus 1/2 of the remaining balance. Your descendants inherit the rest.
- If you have children who are not your spouse's, your spouse inherits 1/2 of your estate. Your children inherit the other 1/2.
If You are Married Without Children
Your spouse inherits your entire estate if you have no living parents. If you have living parents, your spouse inherits the first $394,000 (as of 2026), plus 3/4 of the remaining balance, and your parents inherit the rest.
If You Don't Have a Spouse, but Have Children
Your children inherit all of your assets, divided equally.
If You Don't Have a Spouse or Children
Your parents inherit all of your assets. If neither parent survives, your siblings inherit next.
If No Living Relatives Can Be Found
Your property reverts to the state of Maine, though this is rare given how broadly the law searches for relatives first.
Other Things to Know about Dying Without a Will in Maine
- Registered domestic partners generally have the same inheritance rights in Maine as married spouses.
- Stepchildren generally are only considered for inheritance if they were adopted.
- Maine imposes its own state estate tax, separate from the federal estate tax, which is worth knowing even without a will in place.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Maine, your estate may still avoid full probate if the personal property is valued at roughly $52,500 or less (as of 2026), using a small estate affidavit available 30 days after death. Larger estates go through the Probate Court.
Read this article to learn more about probate in Maine.
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