How to Make a Valid Will in Maine
What Maine law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: An individual of sound mind who is 18 or older, or a legally emancipated minor, may make a will. A will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at the testator's direction), and signed by at least 2 witnesses, each within a… 18-C M.R.S. §§ 2-501, 2-502, 2-504
| Requirements for a valid will | An individual of sound mind who is 18 or older, or a legally emancipated minor, may make a will. A will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at the testator's direction), and signed by at least 2 witnesses, each within a reasonable time after seeing the testator sign or acknowledge the signature or the will. Any person generally competent to be a witness may witness; a will signed by an interested witness is still valid. A will signed outside Maine is also valid if it complies with the law of the place where it was signed or where the testator lived. Age: https://legislature.maine.gov/statutes/18-C/title18-Csec2-501.html; witnesses: https://legislature.maine.gov/statutes/18-C/title18-Csec2-504.html |
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| Handwritten (holographic) wills | Yes. A will that does not meet the witnessed-will rules is valid as a holographic will, with or without witnesses, if the signature and the material portions of the document are in the testator's handwriting. Source: 18-C M.R.S. § 2-502(2) |
| Self-proving affidavit | Yes. A will can be made self-proved when signed, or at any later time, by the testator's acknowledgment and the witnesses' affidavits made before a notary or other officer authorized to administer oaths, using the certificate wording set out in the statute. Source: 18-C M.R.S. § 2-503 |
More Maine estate law
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- Small Estate Affidavit in Maine
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- Quitclaim Deeds and Transferring Property in Maine
- Who Inherits If You Die Without a Will in Maine
- How Probate Works in Maine
- Living Wills and Advance Directives in Maine
- Revocable Living Trusts in Maine
- Executor Duties in Maine
- Letters Testamentary in Maine
- Affidavit of Heirship in Maine
- How to Avoid Probate in Maine
- Transferring a Car After Someone Dies in Maine
- All Maine wills, probate and estate rules
FAQ
What makes a will valid in Maine?
An individual of sound mind who is 18 or older, or a legally emancipated minor, may make a will. A will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at the testator's direction), and signed by at least 2 witnesses, each within a reasonable time after seeing the testator sign or acknowledge the signature or the will. Any person generally competent to be a witness may witness; a will signed by an interested witness is still valid.
Is a handwritten will valid in Maine?
Yes. A will that does not meet the witnessed-will rules is valid as a holographic will, with or without witnesses, if the signature and the material portions of the document are in the testator's handwriting.
Does a will need to be notarized in Maine?
Yes. A will can be made self-proved when signed, or at any later time, by the testator's acknowledgment and the witnesses' affidavits made before a notary or other officer authorized to administer oaths, using the certificate wording set out in the statute.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.