I’m handling my late husband’s estate, and discovered through my attorney that Maine Probate Code Title 18-C M.R.S. Sections 3-1201 and 3-1202 allow financial institutions to release funds to a survivor using a Small Estate Affidavit without having to be appointed as personal representative by the Probate Court. My attorney said the upper limit of a small estate in Maine as of this year is $63,800; this amount excludes any assets dispersed by direct beneficiary and any real estate that has the survivor as a joint tenant owner.

I visited a local credit union to confirm that my husband’s share account and our joint checking account could be closed on this basis. I was told that the credit union needed a copy of the death certificate (which they had) and personal representative paperwork; this paperwork can only be obtained by spending more money and time to go through probate when the estate is too small to qualify.

My attorney created a Small Estate Affidavit signed by me and notarized; a cover letter explaining the statutes to the credit union, and a copy of the relevant statute. I delivered it to the credit union and within 15 minutes both accounts had been closed and a check made out to me for the small amount of money in the shared account.

The leaders of the credit union need to follow state law in assisting surviving relations deal with accounts for people with small estates, and not require unnecessary hoops to jump through. Their legal department many not know state law (a scary thought) or may know it but the institution chooses not to follow it (an even scarier thought).

I encourage everyone to check with their financial institutions about their policies if the worst happens and a small estate needs to be administered. I also suggest hiring a good estate attorney to help; you would have to pay some money for their expertise, but it may save you a lot of time and money in the long run.

Michelle Mason Webber

Farmingdale