✓ Verified June 2026
This guide explains what happens when someone dies dying without a will in Maine — exactly who inherits under Maine’s intestate-succession law, and what surprises families most. All shares are from Maine statute, verified as of June 2026.
In This Maine Guide:
Who Inherits When There Is No Will in Maine
Here is exactly how Maine divides an estate when there is no will:
| If the person leaves… | Who inherits in Maine |
|---|---|
| Spouse, no children | If no descendant and no parent of the decedent survives, the surviving spouse inherits the entire intestate estate (section 2-102(a)). If no descendant survives but a parent of the decedent does survive, the spouse receives the first 300000 (base, CPI-adjusted) plus 3/4 of the remaining balance; the parent(s) receive the other 1/4 of the balance (section 2-102(c)). |
| Spouse + shared children | If all surviving descendants are also descendants of the surviving spouse AND the spouse has no other surviving descendants from another relationship, the surviving spouse inherits the entire intestate estate (section 2-102(b)). The children receive nothing through intestacy in this scenario because the spouse takes everything. |
| Spouse + children from another relationship | If one or more of the decedent’s surviving descendants are NOT also descendants of the surviving spouse (i.e., the decedent had children from a prior relationship), the surviving spouse receives 1/2 of the intestate estate outright, with no minimum dollar floor (section 2-102(e)). The descendants share the other 1/2 per capita at each generation under section 2-106. Separately, if all of the decedent’s descendants ARE shared with the spouse but the spouse has additional children from another relationship, the spouse receives the first 100000 (base, CPI-adjusted) plus 1/2 of the balance, and the descendants share the remainder per capita at each generation (section 2-102(d)). |
| Children, no spouse | If there is no surviving spouse, the decedent’s descendants inherit the entire intestate estate, divided per capita at each generation under section 2-106. |
| No spouse, no children | If there is no surviving spouse and no descendants, the estate passes in this order under section 2-103: (1) to the decedent’s parent(s) equally, or to the survivor; (2) if no parents, to descendants of the parents (siblings, nieces, nephews) per capita at each generation; (3) if none, half to paternal grandparents or their descendants and half to maternal grandparents or their descendants, with the entire amount going to the other side if one side has no takers; (4) if none, to great-grandparents or their descendants under the same half-and-half split. Maine does not extend intestacy beyond descendants of great-grandparents (so-called laughing heirs are excluded). |
| No living relatives (escheat) | Under section 2-105, if there is no taker under any provision of Article 2, the intestate estate passes to the State of Maine. Any portion attributable to court-ordered crime-victim restitution paid to the decedent passes to the Elder Victims Restitution Fund instead of the general state treasury. |
These shares come from Maine intestate-succession law (Title 18-C, Article 2, Part 1 (sections 2-101 through 2-107); family protections in sections 2-402 through 2-405. Maine adopted the Uniform Probate Code effective September 1, 2019 (Public Law 2017, Chapter 402), replacing former Title 18-A. All dollar thresholds are CPI-adjusted annually under section 1-108 (base year 2017).
The base statutory amounts below apply to estates of decedents dying after 2018; check the official Maine Probate Court CPI table for the exact 2026 adjusted figures.).
How Maine divides shares among descendants: Maine uses per capita at each generation (section 2-106), the modern Uniform Probate Code method. All surviving descendants in the nearest generation to the decedent that contains at least one living member each take an equal share; shares of deceased members in that generation who left surviving descendants are pooled and redistributed equally at the next generation, repeating downward.
This ensures that descendants in the same generation always receive equal shares regardless of which family branch they belong to. This is different from traditional per stirpes.
Maine homestead and family allowance: The surviving spouse may claim a homestead allowance of 22500 (base, CPI-adjusted annually under section 1-108) under section 2-402. If there is no surviving spouse, the decedent’s minor and dependent children share the same amount equally. The homestead allowance is exempt from and has priority over all claims against the estate except costs of administration and reasonable funeral expenses.
Separately, the surviving spouse (or children if no spouse) may claim exempt property up to 15000 (base, CPI-adjusted) in tangible personal property such as household furniture, automobiles, appliances, and personal effects under section 2-403; if the estate property is worth less than the exempt amount, other estate assets make up the difference.
Under sections 2-404 and 2-405, the surviving spouse and minor or dependent children may receive a family allowance for maintenance during administration, payable as a lump sum up to 27000 (base, CPI-adjusted) or periodic installments up to 2250 per month for one year. All of these allowances are in addition to any intestate share, elective share, or benefits under a will.
Half-blood relatives in Maine: Under section 2-107, relatives of the half blood inherit the same share they would inherit if they were of the whole blood. There is no distinction or reduction for half-siblings, half-aunts, half-uncles, or any other half-blood relative.
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Assets That Pass Outside Maine Intestate Rules
Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts, transfer-on-death investment accounts), property held in joint tenancy with right of survivorship, and assets held in a living trust pass outside of Maine intestate succession rules and are not governed by Title 18-C Article 2. Only assets in the decedent’s probate estate are distributed under intestacy.
Maine also requires an heir to survive the decedent by 120 hours (5 days) to inherit under intestacy (section 2-104), established by clear and convincing evidence.
Other Maine intestacy rules: (1) All dollar thresholds in sections 2-102, 2-402, 2-403, and 2-405 are automatically adjusted for inflation each year using the Consumer Price Index under section 1-108 (base year 2017, rounded to nearest 100). The Maine Probate Court publishes an official CPI adjustment table. For deaths in 2026, consult the current table or a licensed attorney for exact adjusted amounts.
(2) An individual in gestation at the decedent’s death is treated as living at the decedent’s death if the individual lives at least 120 hours after birth (section 2-104). (3) Maine does not extend intestate inheritance beyond descendants of great-grandparents, cutting off remote laughing heirs. (4) Citizenship and immigration status do not affect the right to inherit under Maine intestacy law.
(5) The Maine Legislature Law Library provides an overview at https://legislature.maine.gov/lawlibrary/what-is-maines-law-on-intestate-succession/9475
What Dying Without a Will in Maine Really Means
When someone dies without a will in Maine, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Maine divides an estate when someone is dying without a will in Maine, and they often surprise people: a spouse may not automatically inherit everything.
Understanding dying without a will in Maine helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Maine depends on how each asset was titled.
You don’t have to do this alone
If you are settling a loved one’s estate in Maine, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
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Official Maine Sources & Resources
- Maine Court Self-Help: https://www.maineprobate.net/search/
- Maine Intestate Succession Statute: https://legislature.maine.gov/statutes/18-C/title18-Csec2-102.html
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Maine intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Maine Wills & Probate Guides
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.