Wills
Maine Last Will and Testament
start my ESTATE PLAN

Maine Last Will and Testament

By 

Jennifer Mcgee

Head of Legal at TrulyWill

Making your Maine last will and testament is now much easier than before. People may still think about long hours with a lawyer and high bills when they want to work on their will. However, now, you can make an online last will within a few minutes. You should know what you want and make your will accordingly. It would help settle your estate easily when you pass away rather than your loved ones proving their claim on the assets. You should work it out now and start the process for your last will according to the state requirements. 

To make a valid and enforceable Maine last wil, here's what you should follow.

Table of contents

1. Requirements for a Maine Last Will and Testament  

2. Who can be your witnesses?

3. Maine rules for a personal representative

4. Maine Last Will and Amendment Notarization

5. Last Will Revocation rules

6. What if you have more than one Maine will?

7. Last Will Amendment rules

8. Maine rules for divorce after making your last will

9. What happens if you don't have a will in Maine ?

10.Last Will and Testament Maine Free Template

Requirements for a Maine Last Will and Testament 

  • Written will: A Maine last will and testament must be on paper to be legal. It cannot be audio, video, or other digital file forms. Maine allows Holographic wills.
  • Must be of at least 18 age or an emancipated minor.
  • Sound mind and memory: The testator for a Maine last will must understand the will procedure, nature of their estate, and beneficiaries. For their last will to be valid, they must have a sound mind and memory.
  • Signed by the testator: To make it legal, you must sign your Maine last will and testament before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will within a reasonable time.

Who can be your witnesses for a Maine Last Will and Testament? 

Your witnesses for a Maine last will must follow these conditions:

  • Maine allows anyone competent to become a witness. 
  • They should be able to testify about what they saw and the will-making process.
  • It's better not to select beneficiaries as witnesses as the will could be challenged. 

Maine rules for a personal representative or an executor 

Choosing an executor for your Maine last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. Must be at least 18 or above
  2. Capable of performing the job, i.e., of a sound mind.
  3. Maine doesn't restrict people convicted of a felony from being executors.
  4. Maine allows you to choose someone out of state as your executor.

Last will and Testament Notarization in Maine

There's no need to notarize your Maine last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

Maine Last Will Revocation 

You could follow any of the following methods to revoke your Maine last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding.
  • Asking someone to destroy the last will before you and two witnesses 
  • Making a new legal will that revokes any part or the entire previous will.

What if you have more than one Maine will?

If it's not clear whether your new Maine will revoke the old one, the state will follow these rules:

  • It'll replace the old will if the new one has varying or contradictory terms to your previous Maine will.
  • The probate court assumes you wanted to revoke the previous will if the new one disposes of your entire estate.
  • If the new will doesn't dispose of the entire estate, it would be treated as a supplement to the old Maine will.

Maine Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Maine last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Maine rules for divorce after making your last will

  • Maine law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your Maine will or remarry your ex.

What happens if you don't have a will in Maine?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children, no parents 

Spouse inherits everything 

Has parents, no children, no spouse 

Parents inherit everything 

Has siblings, no parents, no children, no spouse 

Siblings inherit everything 

Has a spouse and children (Children you share with that spouse)



Spouse gets the first $50,000 of your estate and one-half of the balance 



Children inherit the balance 

Has a spouse and children 

(Children you share with someone else)

Spouse gets one-half of the estate 


Children inherit the balance

Has a spouse and parents 

Spouse gets the first $50,000 of your estate and one-half of the balance 


Parents inherit the balance

Last Will and Testament Maine Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Maine free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Maine last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Maine last will and testament. 

How can TrulyWill help with an online Will and Testament? 

TrulyWill is the perfect option to create a hassle-free online last will. You could go to the platform from your home's comfort and make your online will and testament. Online wills are a straightforward process; you should opt for them rather than spend hours in a lawyer's office. Furthermore, the process is pretty simple; you just add details, review for mistakes, read the guidelines, and download. That's it!

What else can TrulyWill do?

TrulyWill helps fulfill your varying needs for a will. You can opt for a simple last will and testament online or seek professional help. We offer everything from one-on-one legal support to solve your will issues.

Furthermore, you could opt for a trust-based plan depending on what suits you better. TrulyWill can help you figure out the process and help avoid substantial legal fees. So, you should go to the platform and get your online will in just a few minutes.

Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

Book a free session
Confused about what’s best for you?
Thinking if you even need this right now?
Take the quiz
Thinking of creating a will to secure your loved ones?
Start your estate plan online
  • Resume anytime
  • Done from your home
  • Expert support when you need it
What would it cost me to make a will?
Depending on your location and estate, the cost varies between $500 to $1000 if you hire a lawyer. However, you can use the TrulyWill platform to create a legal and valid will at a fraction of this price.
What would happen if someone passes away without a will?
The state's intestacy laws will be followed if someone dies without a will. The interested parties, like the spouse or children, would have to go through a probate process to get their share in the estate.
Can I write down my wishes and consider them a legal will?
Several states do not allow a self-written will unless you've followed the requirements. It would always be better to create a legal will by following all your state rules.
Can my last will and testament be oral?
Only a few states consider an oral will legal only if it follows the rules. You would have to fulfill some criteria the state sets to be eligible to make an oral will. However, you shouldn't risk this to chance and create a solid, legal will on paper.
How should I store my will?
You should always store your last will and testament in a safe place, one which is accessible to your loved ones and doesn't pose any risk to the documents. It can be a safe locker or a safe in your home.
Back to top