Maine Probate Without a Will (Intestacy)

When someone dies without a will in Maine, the estate is distributed according to the state's Intestacy statutes §18-C-2-102. These default rules determine who inherits, in what proportions, and who has priority to serve as Administrator.

If there is a surviving spouse

• Spouse inherits the entire estate if no surviving descendants or parents
• Spouse receives first $300,000 plus three-quarters of the balance if the deceased has surviving parents but no children
• Spouse receives entire estate if the spouse has no other surviving descendants; first $100,000 plus half the balance if the spouse has one or more surviving descendants who are not the decedent's if there are surviving children who are also children of the surviving spouse
• Spouse receives half the intestate estate, with no preliminary dollar amount, if any surviving descendant of the decedent is not the spouse's if there are surviving children who are not children of the surviving spouse

If there is no surviving spouse

• Descendants inherit equally (Per stirpes among branches)
• If no descendants: parents inherit equally
• If no parents: siblings (and their descendants) inherit equally
• More remote kin inherit when closer relatives do not survive

Without a will naming an Executor, the court appoints an administrator. Maine law establishes a priority order: surviving spouse, then next of kin, then the largest creditor, or another suitable person at the judge's discretion.

• No ability to choose who receives specific items or property
• No ability to name who should serve as Personal representative
• No ability to disinherit a statutory heir (intestacy follows a fixed formula)
• No ability to designate a guardian for minor children
• Distribution may not reflect the deceased person's actual wishes