Last Will And Testament requirements in Maine
- You must be at least 18 years old and of sound mind.
- The will must be in writing (typed or printed).
- You must sign the will in the presence of at least two witnesses.
- Witnesses must be at least 18 years old and should not be beneficiaries.
- Witnesses must sign the will in your presence and in each other's presence.
- While notarization is not required, it's recommended to simplify the probate process.
How to create a Last Will And Testament in Maine
- List your assets and decide who you want to inherit them.
- Choose an executor who will manage your estate and ensure your wishes are carried out.
- Name guardians for minor children if needed, and consider setting up trusts if desired.
- Write your will using a reliable template or consult an attorney to ensure it meets Maine law.
- Sign your will in front of two witnesses who are not beneficiaries and who also sign.
- Store your will safely and tell your executor where it is.
What a Last Will And Testament typically costs
The cost of a last will and testament in Maine varies. Using a DIY online template can cost as little as $20 to $100, while hiring an attorney typically ranges from $300 to $1,000. An attorney can help you handle complex estates and ensure your will is fully compliant.
Start your Maine last will and testament today with our easy-to-use online tool.
Create your last will and testamentMaine Will Prep Checklist
Before drafting your Maine will, gather key documents and understand the state's signing rules to avoid common pitfalls.
- List all assets (real estate, bank accounts, personal property) and note how they're titled.
- Identify beneficiaries and backup beneficiaries for each asset.
- Decide on a guardian for minor children (and pets, if any).
- Choose an executor and an alternate, both over 18 and willing to serve.
- Understand Maine's signing rules: you must sign in the presence of two witnesses, who also sign; a notary is not required but recommended to make the will self-proving.
- Consider having the will notarized to simplify probate, but remember notarization is optional.
Frequently asked questions
Do I need a lawyer to write a will in Maine?
No, you can write your own will using a template or DIY service. However, if your estate is large, involves trusts, or you have complex family situations, consulting a lawyer is wise to avoid mistakes.
Does a will need to be notarized in Maine?
Maine does not require notarization for a will to be valid. But having a self-proving affidavit signed by you and your witnesses in front of a notary can speed up the probate process.
What happens if I die without a will in Maine?
If you die intestate (without a will), Maine's intestacy laws decide who receives your property. This usually goes to your closest relatives, which may not match your wishes.
Can I include funeral instructions in my Maine will?
You can, but it's better to leave these instructions separately with your family or in a living will, since your will may not be read until after the funeral.