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Maine Last Will and Testament

A Maine will needs 2 witnesses, no notary, and Maine recognizes handwritten (holographic) wills. Make your free will template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person, called a personal representative, who will administer your estate. It can also name a guardian for minor children. In Maine, under the Maine Probate Code at 18-C M.R.S. Article 2, a valid will must be signed by the testator (the person making the will) and signed by at least 2 witnesses, each of whom signs within a reasonable time after witnessing the signing or the testator's acknowledgment of the will. Maine has no purging statute, so a witness who is also a beneficiary does not invalidate the will or any gift to that witness, though naming a disinterested witness avoids any appearance of pressure. The will itself does not need a notary; a notary is only used for the optional self-proving affidavit under 18-C M.R.S. 2-503, which lets the will be admitted to probate without locating the witnesses later. Maine also recognizes a holographic will, valid whether or not witnessed, if the signature and material portions are in the testator's own handwriting. Any individual of sound mind who is 18 or older, or a legally emancipated minor, may make a will in Maine. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and who administers your estate after you die. It can also name a guardian for your minor children.

  2. 2

    Maine requires 2 witnesses. Under 18-C M.R.S. 2-502(1)(C), the will must be signed by at least 2 individuals, each of whom signs within a reasonable time after witnessing the testator's signing or acknowledgment of the will. Maine has no purging statute: 18-C M.R.S. 2-504 says an interested witness's signature does not invalidate the will or any portion of it, though a disinterested witness is still the safer practice.

  3. 3

    A self-proving affidavit is available. Under 18-C M.R.S. 2-503, the testator and witnesses can sign a sworn affidavit before an officer authorized to administer oaths (such as a notary), which lets the will be admitted to probate without the witnesses having to testify later. This affidavit is the one part of the process that involves a notary.

  4. 4

    Maine recognizes holographic (handwritten, unwitnessed) wills. Under 18-C M.R.S. 2-502(2), a will that does not meet the standard witnessing rule is still valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's own handwriting.

  5. 5

    The will itself does not need a notary. Maine's execution rule calls for the testator's signature plus 2 witnesses (18-C M.R.S. 2-502); a notary or other officer is required only for the optional self-proving affidavit, not for the underlying will to be valid.

  6. 6

    You must be 18 or a legally emancipated minor, and of sound mind. Under 18-C M.R.S. 2-501, an individual of sound mind who is 18 or older, or a legally emancipated minor regardless of age, may make a will.

  7. 7

    You can revoke a will by a later will or by a physical act. Under 18-C M.R.S. 2-506, a will is revoked by executing a subsequent will that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying it with intent to revoke. Under 18-C M.R.S. 2-804, divorce or annulment also revokes provisions in favor of a former spouse, and remarriage does not revive them.

Key decisions before you file

Before you file a Last Will and Testament in Maine, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

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MAINE LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Maine, being of sound mind and at least 18 years of age (or a legally emancipated minor) as required by 18-C M.R.S. 2-501, declare this to be my Last Will and Testament, and I revoke all prior wills and codicils I have previously made.

  2. APPOINTMENT OF PERSONAL REPRESENTATIVE I appoint [NAME] as the personal representative (executor) of my estate, to administer my estate, pay my debts and expenses, and distribute my property according to this will. If [NAME] is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative. My personal representative shall serve without bond to the extent Maine law allows.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests here, describing each item or amount and naming the beneficiary who receives it. If a named beneficiary does not survive me, describe who receives that gift instead.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, not otherwise disposed of by this will, to [RESIDUARY BENEFICIARY NAME], or if that beneficiary does not survive me, to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE I have signed this will on [DATE] in the presence of the 2 witnesses named below, who, at my request and in my presence, have signed as witnesses. Under 18-C M.R.S. 2-502, Maine requires my signature (or another individual's signature in my conscious presence and at my direction) plus at least 2 witnesses, each of whom signs within a reasonable time after watching me sign or acknowledge this will.

[TESTATOR NAME], Testator

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Maine authorizes a self-proving affidavit under 18-C M.R.S. 2-503. If completed, the testator and both witnesses sign the affidavit below before a notary public or other officer authorized to administer oaths. This is the one part of the process that involves a notary; it lets the will be admitted to probate later without locating the witnesses to testify.

State of Maine, County of [COUNTY] We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being duly sworn, declare to the officer that the testator signed this instrument as their will, that the testator signed willingly, and that each witness signed at the testator's request, in the testator's presence, and in the presence of each other.

[TESTATOR NAME], Testator [WITNESS 1 NAME], Witness

[WITNESS 2 NAME], Witness

Subscribed and sworn before me on [DATE].

Notary Public / Officer Authorized to Administer Oaths

WITNESS SIGNATURES (if not using the self-proving affidavit above)

_____________________________ Address: [ADDRESS] [WITNESS 1 NAME], Witness

_____________________________ Address: [ADDRESS] [WITNESS 2 NAME], Witness

Note: This will is governed by 18-C M.R.S. Article 2, Part 5. Maine has no purging statute, so under 2-504 an interested witness does not invalidate this will or any gift to that witness, but naming disinterested witnesses is still the safer practice. You may revoke this will later by executing a new will or by a physical act such as burning, tearing, or destroying it with intent to revoke (2-506); divorce automatically revokes provisions for a former spouse (2-804). This is a Maine skeleton. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Maine in about a minute, and notarize it online through DocDraft if it does.

Maine Requirements for Last Will and Testament

Two Witnesses Required

Maine requires at least 2 witnesses to sign the will, each within a reasonable time after witnessing the testator's signing or acknowledgment of the will (18-C M.R.S. 2-502(1)(C)).

Interested Witnesses Do Not Invalidate the Will

Maine has no purging statute. Under 18-C M.R.S. 2-504, a witness who is also a beneficiary does not invalidate the will or any gift to that witness, though using disinterested witnesses is still the safer practice.

Self-Proving Affidavit Is Available

Maine allows a self-proving affidavit under 18-C M.R.S. 2-503, signed by the testator and witnesses before a notary or other officer authorized to administer oaths, so the will can be admitted to probate without locating the witnesses later.

Holographic (Handwritten) Wills Are Valid

Under 18-C M.R.S. 2-502(2), a document is valid as a holographic will, whether or not witnessed, if the signature and material portions are in the testator's own handwriting.

No Notary Required for the Will Itself

Maine's execution rule requires the testator's signature plus 2 witnesses (18-C M.R.S. 2-502); a notary or other officer is needed only for the optional self-proving affidavit, not for the underlying will to be valid.

Minimum Age and Capacity

An individual of sound mind who is 18 or older, or a legally emancipated minor regardless of age, may make a will in Maine (18-C M.R.S. 2-501).

Revocation by a Later Will or a Physical Act

Under 18-C M.R.S. 2-506, a Maine will is revoked by executing a subsequent will that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying it with intent to revoke.

Divorce Revokes Provisions for a Former Spouse

Under 18-C M.R.S. 2-804, divorce or annulment automatically revokes will provisions in favor of a former spouse, and remarriage to that person does not revive them.

Does your Last Will and Testament need to be notarized in Maine?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

A Maine will needs at least 2 witnesses who each sign within a reasonable time after watching the testator sign or acknowledge the will (18-C M.R.S. 2-502(1)(C)). Maine has no purging statute, so under 18-C M.R.S. 2-504 a witness who is also a beneficiary does not invalidate the will or that gift, but using disinterested witnesses is still the safer practice.

No, the will itself does not need a notary. Maine requires the testator's signature plus 2 witnesses (18-C M.R.S. 2-502). A notary or other officer authorized to administer oaths comes in only if you add the optional self-proving affidavit under 18-C M.R.S. 2-503, which speeds up probate but is not required to make the will valid.

Yes. Under 18-C M.R.S. 2-502(2), a document is valid as a holographic will, whether or not it was witnessed, if the signature and material portions are in the testator's own handwriting. Intent that the document be a will can be shown by other evidence, including parts not in the testator's handwriting (2-502(3)).

Put your wishes in writing, sign the document (or direct someone to sign for you in your conscious presence), and have at least 2 witnesses sign within a reasonable time after watching the signing or your acknowledgment of the will, as 18-C M.R.S. 2-502 requires. You can add a self-proving affidavit before a notary under 2-503 to simplify probate later.

A Maine will is valid if it is in writing, signed by the testator (or by someone else in the testator's conscious presence and at their direction), and signed by at least 2 witnesses under 18-C M.R.S. 2-502(1). A handwritten will can also be valid without any witnesses under the holographic-will rule in 2-502(2) if the signature and material portions are in the testator's handwriting.

A self-proving affidavit is a sworn statement, signed by the testator and witnesses before a notary or other officer authorized to administer oaths, that lets a Maine probate court admit the will without tracking down the witnesses to testify. Maine authorizes this under 18-C M.R.S. 2-503, which provides statutory affidavit language for wills made self-proved at signing or afterward.

You must be 18 or older and of sound mind, or a legally emancipated minor regardless of age, to make a will in Maine under 18-C M.R.S. 2-501. Sound mind is the capacity standard the statute uses; it does not set a separate numeric test.

Under 18-C M.R.S. 2-506, you revoke a Maine will either by executing a later will that revokes it expressly or by inconsistency, or by performing a revocatory act, such as burning, tearing, canceling, obliterating, or destroying it, with intent to revoke. Separately, 18-C M.R.S. 2-804 automatically revokes provisions for a former spouse upon divorce or annulment, and remarriage does not bring them back.