Surviving Spouse Rights In Maine When There Is No Valid Will – Intestacy
Entire Estate to Surviving Spouse
If the decedent was not survived by any issue or parents, then the surviving spouse has the right to the entire intestate estate.
Surviving Spouse Gets Partial Estate
If the decedent has a surviving minor child, then the surviving spouse is entitled to 1/2 of the intestate estate. If the decedent has surviving issue but none are minors, or no surviving issue but has surviving parents, then the surviving spouse is entitled to $40,000 plus 1/2 of the remaining estate.