What happens if you die without a will? Learn about intestacy in Maine.
If you die without a will in Maine, your assets will go to your closest relatives under state "intestate succession" laws. Here are some details about how intestate succession works in Maine.
Which Assets Pass by Intestate Succession
Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
- property you've transferred to a living trust
- life insurance proceeds with a named beneficiary
- funds in an IRA, 401(k), or other retirement account with a named beneficiary
- securities held in a transfer-on-death account
- real estate for which you have a transfer on death deed
- vehicles for which you have a transfer on death registration
- payable-on-death bank accounts, or
- property you own with someone else in joint tenancy or tenancy by the entirety.
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don't have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Maine.
Who Gets What in Maine?
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here's a quick overview:
If you die with: | here's what happens: |
| children but no spouse | children inherit everything |
| spouse but no descendants or parents | spouse inherits everything |
| spouse and all of your descendants also are your spouse's descendants (and your spouse has no other surviving descendants) | spouse inherits everything |
| spouse and all of your descendants are also your spouse's descendants but your spouse has other descendants who aren't your descendants | spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
| spouse and parents but no descendants | spouse inherits the first $300,000 of your intestate property, plus 3/4 of the balance parents inherit everything else |
| spouse and descendants from you who aren't your spouse's descendants | spouse inherits 1/2 of the intestate estate descendants inherit the other 1/2 |
| parents but no spouse or descendants | parents inherit everything |
| siblings but no spouse, descendants, or parents | siblings inherit everything |
(Me. Rev. Stat. tit. 18-C, §§ 2-102; 2-103 (2023).)
The Spouse's Share in Maine
In Maine, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first $300,000 of your intestate property, plus 3/4 of the balance. (Me. Rev. Stat. tit. 18-C, § 2-102 (2023).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry's retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also owns $400,000 worth of property that would have passed under a will if she had made one. Joe inherits $375,000 worth of that property -- that is, $300,000 plus 3/4 of the $100,000 balance. The remaining $25,000 worth of Gerry's intestate property goes to Gerry's father.
If you die with children or other descendants from you and the surviving spouse, but your spouse has other descendants who aren't your descendants. Your surviving spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance. (Me. Rev. Stat. tit. 18-C, § 2-102 (2023).)
Example: Bill is married to Karen, and they have two grown children. Karen also has a grown child from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $400,000 worth of other property that would have passed under a will, so Karen inherits $250,000 worth of that property -- that is, $100,000 plus 1/2 of the $300,000 balance. The two children split the remaining $150,000 worth of property.
If you die with descendants who are not the descendants of your surviving spouse. Your spouse inherits 1/2 of your intestate property. (Me. Rev. Stat. tit. 18-C, § 2-102 (2023).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $100,000 worth of Barrett's property. Barrett's daughter inherits the remaining $100,000 share of Barrett's property.
Children's Shares in Maine
If you die without a will in Maine, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married, and whether your spouse is also their parent. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Maine must consider them your children, legally. For many families, this is not a confusing issue. But it's not always clear. Here are some things to keep in mind.
- Adopted children. Children you legally adopted will receive an intestate share, just as your biological children do. (Me. Rev. Stat. tit.18-C, § 9-105 (2023).)
- Foster children and stepchildren. Foster children and stepchildren you never legally adopted will not automatically receive a share.
- Children placed for adoption. Children you placed for adoption and who were legally adopted by another family will not receive a share unless the decree of adoption specifically provides for continuation of inheritance rights. If, however, your biological children were adopted by your spouse, that won't affect their intestate inheritance from you. (Me. Rev. Stat. tit. 18-C, § 2-117 (2023).)
- Posthumous children. A child conceived by you but not born before your death will receive a share if the child was in utero within 36 months of your death or was born within 45 months of your death. (Me. Rev. Stat. tit. 18-C, § 2-118 (2023).)
- Children born outside of marriage. If you were not married to your children's mother when she gave birth to them, they will receive a share of your estate if (1) you participated in a marriage ceremony which later turned out to be void, (2) you adopt the children, (3) you acknowledge your paternity in writing before a notary public, or (4) your paternity is otherwise legally established under Maine law. (Me. Rev. Stat. tit.19-A, §§ 1851; 1881 (2023).)
- Grandchildren. A grandchild will receive a share only if that grandchild's parent (your son or daughter) is not alive to receive his or her share. (Me. Rev. Stat. tit. 18-C, § 2-106 (2023).)
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
Will the State Get Your Property?
If you die without a will and don't have any family, your property will "escheat" into the state's coffers. (Me. Rev. Stat. tit. 18-C, § 2-105 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won't go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, cousins, aunts, uncles, or great grandparents.
Other Maine Intestate Succession Rules
Here are a few other things to know about Maine intestacy laws.
- Survivorship period. To inherit under Maine's intestate succession statutes, a person must outlive you by 120 hours. So, if you and your brother are in a car accident and he dies a few hours after you do, his estate would not receive any of your property. (Me. Rev. Stat. tit. 18-C, § 2-104 (2023).)
- Half-relatives. "Half" relatives inherit as if they were "whole." That is, your sister with whom you share a father, but not a mother, has the same right to your property as she would if you had both parents in common. (Me. Rev. Stat. tit. 18-C, § 2-107 (2023).)
- Immigration status. Relatives entitled to an intestate share of your property will inherit whether or not they are citizens or legally in the United States. (Me. Rev. Stat. tit. 18-C, § 2-110 (2023).)
- Advancements. If you gave property to your relative during your lifetime, the value of this gift is subtracted from your relative's share only if you wrote this down when you gave the gift or your relative admits this in writing. (Me. Rev. Stat. tit. 18-C, § 2-108 (2023).)
Learn More
To learn more about intestate succession, read How an Estate Is Settled If There's No Will.
You can find Maine's intestate succession laws here: Title 18-C, Article 2: Intestacy, Wills And Donative Transfers.
For more about estate planning, go to the section of Nolo.com.
