Free Maine Last Will and Testament Form

A will is a document that contains the last will of its owner (testator) and decides precisely how and by whom their estate will be used in the event of death.

As a safety measure, it’s strongly suggested to create a will. Even when you do not have a lot of assets, a will can really help your family situation and end up being vital to your loved ones after your death.

In case you’re trying to find a fillable and printable Maine last will and testament form, you can find one on this site, together with the guidelines on last will creation and solutions to commonly asked questions.

Maine Last Will Laws and Requirements

Requirements State laws
Signing requirement Two witnesses §2-502. Execution; holographic wills
Age of testator 18 or older §2-501. Who may make a will
Age of witnesses 18 or older §2-504. Who may witness a will
Self-proving wills Allowed §2-503. Self-proved will
Handwritten wills Recognized if meeting certain conditions §2-502. Execution; holographic wills
Oral wills Not recognized
Holographic wills Recognized if meeting certain conditions

How to Write a Maine Last Will and Testament

  1. Think about your alternatives. Decide whether you would like to seek the services of attorneys or prepare your last will on your own (either by handwriting it all or getting a free last will and testament form).
  2. Indicate your details. Fill in your full legal name and address (the city, county, and state of residence) to ascertain the testator of the last will and testament. Reread the remaining portion of the section, including the details you’ve entered along with the “Expenses and Taxes” paragraph.
  3. Indicate the executor. In this section, you define who’ll carry out your will by entering their full name, as well as their city, county, and state of residence. The vast majority of states have special restrictions associated with out-of-state executors and representatives, which almost always translates to more headache and paperwork. Hence, it is advised to appoint a person who resides in the same state as you. As an assurance, you can select a substitute executor of the will. That way, you’ll be able to make sure that, even if the initially chosen executor can’t perform their duties, there’s another dependable person you can count on.
  4. Choose the guardian (optional). It is possible to choose a trusted person as a guardian in case you have underage or dependent children that must be taken care of. In case there are no directions pertaining to who exactly should take care of your kids, the guardian will be selected by the court.
  5. Indicate your beneficiaries. Now you indicate those who are going to inherit your estate. For each named beneficiary, fill out these details: full legal name, address, and how they are related to you.
  6. Distribute property. List your possessions and explain how you would like to distribute them among your beneficiaries if you’ve got something under consideration besides splitting them commensurately. Assets can include money for unpaid arrears, realty, shares, business control, cash, and any tangible things of monetary value that count among your possessions. However, shared and living will property, along with your life insurance, cannot be put into your last will and testament.
  7. Ask witnesses to finalize the document. Maine Probate Code specifies that no less than two witnesses must sign a last will so that it is regarded as valid. You’ll be able to appoint someone as a witness provided that they’re older than 18 years and are disinterested in the bequest. As an extra safeguard against situations when your will is challenged or in case of other problems, it’s a wise decision to name a witness who is younger than you to ensure they will be there after you depart this life. At this point, you (and your two witnesses) have to sign the paper after writing your full legal addresses and names. Make sure you look over each section thoroughly prior to finalizing the matter.

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Frequently Asked Questions

What is the difference between 'Power of Attorney' and 'Executor'?


A power of attorney (PoA) is a legal document that names a person, known as your agent or proxy (does not have to be an attorney), to handle matters for you while you are alive.

Among various power of attorney types, the two following ones are believed to be primary:

  • General power of attorney – allows you to appoint a proxy (agent) who’ll have the ability to take care of your financial and legal affairs in your stead. However, this document becomes invalid in case the PoA author dies or becomes incapacitated.
  • Durable power of attorney – gives the identical rights to the proxy as the prior type but will stay effective even when the individual on behalf of whom the agent acts becomes incapacitated.

An executor is someone you have confidence in and appoint to ensure the will’s directions are executed. One individual could be your will’s executor and attorney-in-fact.

Is will notarization needed by Maine law?


In Maine, it’s not necessary to notarize your will. However, in case you want to attach a self-proving affidavit to your last will, you will have to notarize it. Making your will self-proving could be a great idea because it quickens the probate and grants another layer of security if the will’s validity is questioned.

IMPORTANT: Even though notarization is not required for last wills in Maine, it usually helps facilitate the probate.

Should you use an attested or holographic last will and testament?


A holographic last will is handwritten. For it to be effective, the document needs to be wholly in the handwriting of the testator and dated and signed by him or her. These last wills tend to be normally used in emergencies and/or up to the point when more conventional documents could be put in place (either by a law firm or using a last will template such as the one you can obtain from our website). Holographic last wills can have unclear directions and may leave out necessary terms, so they are harder to impose and can slow down the probate significantly. Consequently, it may be a better choice to go with the other option we talk about below.

An attested will is a typed document, usually based on a fillable template obtainable online or made with the aid of a legal professional. For it to be viewed as valid, it has to be signed by the testator and two credible witnesses older than 18 in the testator’s presence, which can also be exercised in the presence of a notary public. But, the latter isn’t needed in Maine.

What is testamentary capacity?


Testamentary capacity is used to describe the testator’s (the individual creating the last will) legal and mental capability (sound mind) to write and alter their last will.

There’s a chance you’re regarded as lacking testamentary capacity in case you’re underage or have dementia, senility, insanity, or a similar mental illness that doesn’t let you to realize your assets’ value, heirs, disposition, along with the interrelationship of these points.

In Maine, will I need a self-proving affidavit?


No, in Maine, there’s no such prerequisite. Still, including one could be quite helpful given that it eliminates the need for witnesses testimony at the time of probate, which facilitates the process significantly.

Can you exclude your children or spouse from a last will and testament?


In Maine, there’s no such a thing as community or marital property. That means that all the possessions gathered or increased in the marriage do not have to be evenly shared between the two marriage partners.

According to Census.gov, in 2018, the Maine divorce rate was 8.3 per 1,000 women over 15 years old, which did not differ a lot from the national divorce rate in the same period.

In Maine, it’s possible to disinherit your marriage partner, but your spouse has the right to receive a certain minimum number of your assets.

With regard to other members of your family, you can lawfully disinherit anybody else. Your adult children or any other family members can be lawfully disinherited completely in your last will and testament. For doing that, add corresponding sections to the will.

Is another person permitted to amend my last will?


No, the will can be modified solely by you. A third party is only able to sign the last will and testament when you’re physically incapable of doing it.

In Maine, am I allowed to adjust a typewritten will after signing it?


Yes, you are allowed to revise it.

In Maine, in case you have not entered into a contract that says the opposite, you can cancel or modify your last will and testament anytime.

Also, it can be a good idea to improve your last will as you experience an important life event, such as:

  • Birth or adoption of a child
  • You have married or divorced
  • You sold or purchased real estate or large piece of property.
  • Your money situation has changed significantly

What must I do in case my will has been lost?


In Maine, the law implies that the court will admit a last will and testament in case it has been destroyed or lost. However, the probate court will be less likely to accept anything except for the initial version of the last will to probate.

As per Maine law, the will’s absence may be assumed as its annulment. This suggests that the trustee should prove the will’s validity, which in turn may become very troublesome.

Things can get more problematic when it comes to a holographic last will. In order to prove its credibility, the court will require testimony and sword witnesses. The reason behind not providing the last will and testament and its elements is to be determined as well.

In case I am physically unable to sign my last will, what do I have to do?


In accordance with the Maine Estate Code, it is possible for someone to sign his or her last will providing that it is your (as a testator) directive and in your presence. The testator can state their wishes in a verbal manner, by responding positively to a question, or by a gesture.

It is possible to get a notary to sign the name of a testator that is physically unable to do it in case the latter directs the notary with a witness present. It is worth mentioning that these witnesses can’t have an interest (equitable or legal) in any of the assets that are the subject of or affected by such a document (the last will).

Related documents Times when you could want to have one
Codicil You would like to make a single or a few slight changes to your will.
Self-proving affidavit You would like to save time and money for your witnesses.
Living will You would like to declare your wishes regarding the end-of-life medical treatment and life-prolonging procedures.
Living trust You want to skip probate by having your property in a trust.
Published: Sep 16, 2020