Written by Attorney Daintria W. McClure, CPA, Esq., Massachusetts Probate Attorney, BBO# 009513 | Last Reviewed: February 2026 | Covers Maine Probate and Family Court practice under 18-CMRS Sec 2-102 and 18-CMRS Sec 2-103.
Maine intestacy law transfers probate property under 18-C M.R.S. §2-102 and 18-C M.R.S. §2-103 when a person dies without a valid will. A surviving spouse usually ranks first, followed by descendants, then parents, then siblings, subject to the statute’s scenario rules.
Probate inheritance depends on asset ownership. A joint account with survivorship and a life insurance policy with a beneficiary transfer outside probate, even when the decedent died intestate.
A correct intestacy analysis starts by classifying each asset as probate or non-probate.
If your family needs a clear plan for court filings, notices, and distributions, probate services provide structure so you can reduce delays and avoid distribution mistakes.
Key Takeaways
- Maine intestacy determines who inherits probate property under 18-C M.R.S. §2-102 and 18-C M.R.S. §2-103 when no valid will controls the estate.
- Maine reduces a surviving spouse’s share under 18-C M.R.S. §2-102 in parent-survival and blended-family scenarios, so a spouse does not always inherit 100%.
- Maine distributes descendant shares using “per capita at each generation†under 18-C M.R.S. §2-106, which can shift outcomes for grandchildren when a child predeceases the decedent.
Maine Intestacy Explained. Who Inherits When There Is No Will
Maine applies a statutory order of inheritance to the probate estate when a person dies without a valid will.
The statute assigns who qualifies as an heir and how much each heir receives through 18-C M.R.S. §2-102 for spouse scenarios and 18-C M.R.S. §2-103 for non-spouse priority.
The probate court supervises intestacy administration. The court identifies heirs, appoints a personal representative, and authorizes distributions after debts and taxes are addressed.
Families often need a timeline benchmark, especially when a house sale or account access depends on an appointment. Use Maine probate timelines to set expectations and plan next steps.
Heir Priority Order Under Maine Law
Maine generally prioritizes these classes of heirs in 18-C M.R.S. §2-103:
- Surviving spouse
- Descendants
- Parents
- Siblings and descendants of siblings
- Grandparents and descendants of grandparents, then more remote relatives
What Property Intestacy Controls In Maine? Probate Vs Non-Probate Assets
Maine intestacy controls only probate property. Beneficiary designations and survivorship titles usually transfer property outside probate, so “who inherits†changes asset by asset.
Probate Assets That Usually Follow Intestacy
Probate assets commonly include:
- Maine real estate titled only in the decedent’s name
- Bank accounts titled only in the decedent’s name with no beneficiary designation
- Vehicles titled solely in the decedent’s name
- Personal property, including household goods and jewelry
A personal representative inventories probate assets, pays enforceable claims, and distributes the remainder to heirs under 18-C M.R.S. §2-103.
Probate costs can affect decision-making in early administration, especially when heirs disagree about timing or liquidation.
Non-Probate Assets That Usually Bypass Intestacy
Non-probate assets commonly include:
- Joint accounts with rights of survivorship
- Real estate held with survivorship features
- Life insurance with a named beneficiary
- Retirement accounts with designated beneficiaries
- Assets titled in a living trust
A trust distribution follows the trust terms rather than the intestacy rules. A planning comparison often starts with living trusts so families can see which assets can bypass probate administration.
Take Control of Tomorrow by Acting Today
Schedule your consultation with Spinnaker Probate Group and gain peace of mind for the future.
Maine Intestacy Inheritance Chart. Who Inherits What
Maine uses a scenario system rather than a single-spouse share. Maine spouse shares come from 18-C M.R.S. §2-102, and Maine non-spouse heir priority comes from 18-C M.R.S. §2-103.
If You Are Married. What The Surviving Spouse Inherits
Maine grants the surviving spouse 100% in some structures under 18-C M.R.S. §2-102.
Maine may reduce the spouse’s share when a parent survives or when the decedent has descendants who are not the surviving spouse’s descendants.
Blended-family intestacy surprises often push families toward a simple plan built around wills so the decedent’s intent controls distribution.
If You Are Not Married. Children, Then Parents, Then Siblings
Maine distributes the intestate probate estate to descendants first, then parents, then siblings and their descendants under 18-C M.R.S. §2-103.
If There Are No Heirs. When Property Can Escheat To The State
Maine allows escheat to the State when no qualifying heir exists under 18-C M.R.S. §2-105. Friends and charities do not inherit by intestacy because Maine intestacy distributes only to statutory heirs.
Maine Intestacy Chart. Probate Estate Scenarios
| Scenario | Who Inherits Under Maine Intestacy | Share (Per Statute) | Governing Subsection |
| Spouse only, no descendants, no parents | Surviving spouse | 100% | 18-C §2-102(1)(A) |
| Spouse plus shared descendants only, and spouse has no other descendants | Surviving spouse | 100% | 18-C §2-102(1)(B) |
| Spouse plus parent or parents, no descendants | Spouse and parent(s) | Spouse receives the first $300,000, plus 3/4 of the balance. Parent(s) receive 1/4 of balance | 18-C §2-102(2) |
| Spouse plus decedent’s descendants, all are the spouse’s descendants, and the spouse has descendants from another relationship | Spouse and decedent’s descendants | Spouse receives the first $100,000, plus 1/2 of the balance. Descendants receive the remainder | 18-C §2-102(3) and 18-C §2-103 |
| Spouse plus decedent’s descendants who are not the spouse’s descendants | Spouse and decedent’s descendants | Spouse receives 1/2. Descendants receive 1/2 | 18-C §2-102(4) |
| No spouse, descendants survive | Decedent’s descendants | 100% to descendants per capita at each generation | 18-C §2-103(1)(A) and 18-C §2-106 |
| No spouse, no descendants, parents survive | Parent(s) | 100% to parent(s) | 18-C §2-103(1)(B) |
| No spouse, no descendants, no parents | Highest-priority surviving class | 100% to the highest-priority class | 18-C §2-103(1)(C)–(E) |
Common misconception: Maine does not guarantee a 100% spouse share because 18-C M.R.S. §2-102 reduces the spouse’s share in certain family structures.
How Shares Are Divided Among Children And Other Relatives. Per Capita At Each Generation
Maine divides descendant shares using “per capita at each generation†in 18-C M.R.S. §2-106.
Per capita, each generation allocates shares to the closest generation with a living descendant, then reallocates combined shares to the next generation when a descendant in the closer generation is deceased but has living descendants.
Example. Three Children, Two Deceased, With Descendants
Assume the decedent had three children:
- Anna, living
- Ben, deceased, survived by two children
- Cara, deceased, survived by one child
Maine divides the estate into three equal shares at the child generation under 18-C M.R.S. §2-106 because the child generation includes a living descendant. Anna receives 1/3.
Maine combines the two remaining shares and divides them equally among Ben’s two children and Cara’s one child under the same statute.
| Person | Share |
| Anna | 1/3 |
| Ben’s Child 1 | 2/9 |
| Ben’s Child 2 | 2/9 |
| Cara’s Child | 2/9 |
Who Does Not Inherit Under Maine Intestacy? Partners, Stepchildren, Friends, Charities
Maine intestacy prioritizes legally recognized family relationships under Title 18-C. A person who feels like family may still receive nothing without a will, trust, or beneficiary designation.
Unmarried Partners And Registered Domestic Partners
Unmarried partners generally do not inherit under Maine intestacy unless they have a legal status recognized by the probate code as spouse-equivalent.
The Social Security Administration discusses Maine intestacy treatment for registered domestic partners in SSA POMS GN 05005.022, and inheritance rights can turn on documentation and the specific facts.
A will or trust provides direct control over partner inheritance, so a baseline plan often starts with estate planning services.
Stepchildren And Adoption Status
Stepchildren generally do not inherit by intestacy unless the decedent completed a legal adoption. Adopted children generally inherit like biological children under Maine intestacy.
Friends And Charities
Friends and charities do not inherit by intestacy. A friend or charity inherits only through a will, trust, or beneficiary designation.
Take Control of Tomorrow by Acting Today
Schedule your consultation with Spinnaker Probate Group and gain peace of mind for the future.
What Happens Next In The Maine Probate Court When There Is No Will
A probate case usually begins when an interested person petitions for the appointment of a personal representative.
The personal representative identifies heirs, inventories probate assets, notifies creditors, pays enforceable claims and taxes, and distributes the remaining probate estate under 18-C M.R.S. §2-103.
The court uses a priority structure for appointments, and spouses or adult children are commonly given priority in practice.
Families can reduce administration friction by organizing asset records early, especially when the estate includes real property, multiple accounts, or missing beneficiary forms.
How To Avoid Intestacy Outcomes In Maine. Minimum Effective Plan
A basic estate plan replaces Maine’s default distribution rules with written instructions.
A valid will allows the testator to name beneficiaries, nominate a personal representative, and specify probate distributions. Parents can also nominate guardians for minor children.
A minimum effective Maine plan usually includes:
- A will
- Durable financial power of attorney
- Health care directive and HIPAA release
- Updated beneficiary designations for insurance and retirement accounts
A trust can reduce probate exposure for certain assets and provide continuity in incapacity planning.
Trust planning commonly starts with trust services and continues into trust administration when a trustee needs post-death guidance.
Frequently Asked Questions
What Happens If You Die Without A Will In Maine?
Maine transfers probate property under 18-C M.R.S. §2-102 and 18-C M.R.S. §2-103 when a person dies without a valid will. The probate court appoints a personal representative to pay enforceable debts and distribute remaining probate assets to statutory heirs.
Who Inherits In Maine If There Is No Will?
Maine intestacy usually prioritizes spouse, then descendants, then parents, then siblings under 18-C M.R.S. §2-103. The exact share depends on the family scenario rules in 18-C M.R.S. §2-102.
Does A Spouse Automatically Inherit Everything In Maine?
Maine does not guarantee a 100% spouse share. Maine reduces the spouse’s share in parent-survival and blended-family scenarios under 18-C M.R.S. §2-102.
What If The Decedent Had A Spouse And Children From A Prior Relationship?
Maine reduces the spouse’s share when one or more of the decedent’s descendants are not descendants of the surviving spouse under 18-C M.R.S. §2-102, and the remainder passes to descendants under 18-C M.R.S. §2-103.
Do Stepchildren Inherit If There Is No Will In Maine?
Stepchildren generally do not inherit through intestacy without legal adoption. A will, trust, or beneficiary designation is the standard way to provide for a stepchild.
Can An Unmarried Partner Inherit If There Is No Will In Maine?
An unmarried partner generally does not inherit by intestacy unless the relationship is treated as a spouse-equivalent, and fact patterns can matter. The SSA discusses Maine treatment in SSA POMS GN 05005.022, and a will or trust remains the most reliable solution.
Do Beneficiary-Designated Assets Still Follow Intestacy Rules?
Beneficiary-designated assets usually transfer by contract outside probate, including insurance proceeds and retirement accounts. A failed beneficiary designation can push the asset into the probate estate, which then follows intestacy.
What Happens If Someone Dies With No Heirs In Maine?
Maine allows escheat when no qualifying heirs exist under 18-C M.R.S. §2-105. Escheat is uncommon, but it can occur when no relatives qualify under the statutory order.
