If you die without a will in Maine, state intestate succession law gives your spouse the entire estate only when you have no descendants or parents, or when every descendant is also your spouse's descendant. Outside of that, Maine uses specific dollar thresholds rather than flat percentages to divide the rest.
If you do not want Maine default rules to decide who gets your property, you can put a valid will in place in a short online session with the FastWill will builder, covered in detail near the end of this guide.
Key Takeaways
- Maine's intestacy statute at 18-C M.R.S. section 2-102 gives a spouse the whole estate only in specific no-descendant or all-shared-descendant scenarios.
- With a surviving parent but no descendants, the spouse receives the first three hundred thousand dollars plus three-quarters of the balance.
- With descendants not all shared with the spouse, the spouse's share drops to one-half of the estate.
- Section 2-103 sets the distribution order for heirs other than a surviving spouse.
For the broader picture beyond intestacy, see our Maine estate planning guide and our overview of how to make a will in Maine.
How Maine divides property when there is no will
18-C M.R.S. section 2-102 lays out several distinct scenarios, and the dollar thresholds involved make Maine's rules more detailed than a simple percentage split.
Spouse only, or spouse and all shared descendants, no other descendant of the spouse
If you have no surviving descendant or parent, or if every surviving descendant is also your spouse's descendant and your spouse has no other descendants from elsewhere, your spouse inherits the entire intestate estate.
Spouse and a surviving parent, no descendants
If you have no surviving descendants but a parent survives you, your spouse receives the first three hundred thousand dollars of the intestate estate plus three-quarters of the balance, with your parent or parents receiving the remainder.
Spouse and descendants not all shared
If one or more of your surviving descendants is not also your spouse's descendant, your spouse's share drops to one-half of the intestate estate, with your descendants from outside the marriage receiving the other half.
No spouse, descendants only
With no surviving spouse, section 2-103 directs the estate to your descendants, or further out to parents and siblings if you have no children.
What about unmarried partners and stepchildren
Maine's intestacy statute recognizes only legal spouses and blood or legally adopted relatives. An unmarried partner and an unadopted stepchild both receive nothing automatically under the statute, regardless of the relationship. If you have been building a life with a partner you never formally married, or raising a stepchild you never adopted, a will is the only way to make sure they are provided for.
What assets fall outside these thresholds
Section 2-102 only governs property titled solely in your name with no beneficiary designation. Life insurance, retirement accounts, and payable-on-death bank accounts pass directly to the named beneficiary regardless of these dollar thresholds, and jointly titled property with survivorship rights passes automatically to the surviving co-owner. A house, vehicles, and other personal property are usually what remains subject to the section 2-102 formulas described above.
Does the estate still go through Maine probate
Yes. An intestate estate in Maine still goes through probate court, applying the statutory dollar thresholds and shares instead of your own instructions. Smaller estates may qualify for a simplified process, covered in our guide to the Maine small estate affidavit. For realistic timelines, see how long probate takes in Maine.
Why write a Maine will instead of relying on these dollar thresholds
The three-hundred-thousand-dollar threshold and the one-half share for non-shared descendants were set for a generic family, and they may not match how you actually want to provide for a spouse, children from an earlier relationship, or a partner. A will lets you set your own terms, name a guardian for minor children, and choose your own personal representative instead of leaving the outcome to 18-C chapter 2.
This matters most for Maine households where real estate values have risen well past the statutory thresholds, since a formula built around a fixed dollar figure can produce very different practical results depending on how much of the estate is tied up in a single family property. For a broader look at what is at stake, see the consequences of dying without a will.
You can put a signed Maine will in place with the FastWill will builder rather than leaving your family's inheritance to a dollar-threshold formula that was not written with your specific situation, your specific property, or your specific family in mind.
Frequently Asked Questions
Does my spouse get everything if I die without a will in Maine?
Only if you have no descendants or parents, or if every descendant is also your spouse's descendant with your spouse having no other descendants of their own.
What happens if I have no children but a parent is still living?
Your spouse receives the first three hundred thousand dollars of the estate plus three-quarters of the balance, and your surviving parent or parents receive the rest.
What if I have children from a previous relationship?
Your spouse's share drops to one-half of the estate, with your children from the other relationship receiving the remaining half.
Can an unmarried partner inherit under Maine intestacy law?
No. Maine's intestacy statute only recognizes a legal spouse and blood or adopted relatives, so an unmarried partner has no automatic inheritance right.
Is probate required if I die without a will in Maine?
Yes. The estate still goes through Maine probate court, applying the statutory dollar thresholds and shares instead of your own instructions.
What happens to a retirement account without a will in Maine?
As long as it has a named, up-to-date beneficiary, a retirement account passes directly to that beneficiary and is not divided under the section 2-102 dollar-threshold formulas.
Does Maine treat adopted children the same as biological children?
Yes. A legally adopted child is treated the same as a biological child under section 2-102 and section 2-103, while an unadopted stepchild has no automatic inheritance right.
