To make a valid will in Maine you must be at least 18 (or a legally emancipated minor), of sound mind, and sign a written document in front of two witnesses who also sign. Maine also permits holographic wills and lets you add a self-proving affidavit to speed up probate later.
Key Takeaways
- Maine requires a written will signed by the testator and witnessed by two people under 18-C M.R.S. section 2-502.
- You must be 18 or an emancipated minor and of sound mind under 18-C M.R.S. section 2-501.
- A handwritten (holographic) will is valid in Maine even without witnesses, as long as the signature and material provisions are in your own handwriting.
- A self-proving affidavit lets your will skip witness testimony in probate court.
What Does Maine Law Require for a Valid Will?
Maine follows a version of the Uniform Probate Code. Under 18-C section 2-501, you must be 18 years old or a legally emancipated minor, and you must have sound mind, meaning you understand what a will does, roughly what you own, and who your natural heirs are.
Beyond capacity, section 2-502 sets the execution rules: the will must be in writing, signed by you (or by someone else in your presence and at your direction), and signed by at least two witnesses who each witnessed the signing or your acknowledgment of the will within a reasonable time.
How Do You Sign and Witness a Will in Maine?
You sign first, then your two witnesses sign. Maine does not require the witnesses to watch each other sign, only that each one personally witnessed you signing or acknowledging the document. Witnesses should be adults who are not relying on the will for an inheritance, since an interested witness can create complications during probate even though Maine law does not automatically void the gift.
Choose witnesses who are likely to still be reachable years from now, since a probate court may eventually need to confirm they watched you sign. Neighbors, coworkers, or friends who are not named in the will make better witnesses than family members who stand to inherit, and you should avoid using anyone who is likely to move out of state before you pass away.
Steps to Make a Will in Maine
- List your assets, debts, and the people or organizations you want to inherit them.
- Choose a personal representative (executor) and at least one backup.
- If you have minor children, name a guardian and a backup guardian.
- Draft the will in writing, either using a builder like FastWill or working with an attorney.
- Sign the will in the physical presence of two adult witnesses.
- Have the witnesses sign the will themselves, ideally at the same sitting.
- Consider adding a self-proving affidavit before a notary so the will does not require witness testimony later.
- Store the original somewhere safe and tell your personal representative where to find it.
Because this is a numbered, repeatable procedure with clear legal requirements at each step, it qualifies as a HowTo for search purposes, not just general information.
Does Maine Recognize Handwritten (Holographic) Wills?
Yes. Maine is one of the states that still honors a holographic will. If the signature and the material provisions, meaning who gets what and who is in charge, are in your own handwriting, the will can be valid even without witnesses. That said, an unwitnessed handwritten will is far more likely to be challenged or misread by a court, so it should be treated as a backup option, not the primary plan.
Should You Use a Self-Proving Affidavit?
Under 18-C section 2-503, you and your witnesses can sign a sworn affidavit in front of a notary at the same time you sign the will, or any time afterward. A self-proved will can be admitted to probate without tracking down your witnesses to testify that the signatures are genuine, which saves your family time and reduces one avenue for a will contest.
DIY Will or Lawyer in Maine?
A DIY will works well for most straightforward estates: a house, some savings, a spouse or kids, and clear wishes about who gets what. Building your own will through a guided platform costs far less than hiring an attorney and still meets Maine's signature and witness rules when you follow the instructions. You should talk to a Maine estate planning attorney if you own a business, have a blended family with competing claims, expect a contest, or have a beneficiary with special needs who could lose government benefits from an outright inheritance. A will is one piece of a full plan. Most Maine residents also need a financial power of attorney and should work from a broader Maine estate planning checklist. Our Maine estate planning overview covers how a will fits with the rest of your plan, and the national guide on how to write your own will explains the reasoning behind these rules.
How Do You Update or Revoke a Will in Maine?
You can revoke a Maine will by executing a new will that says it revokes prior wills, by physically destroying the will with the intent to revoke it, such as tearing or burning it, or by a written revocation that is itself executed like a will. Marriage, divorce, or the birth of a child are common life events that should trigger a review, since Maine law can automatically adjust some gifts after a divorce but will not add a new child for you. Moving to a new state, buying real estate, starting a business, or a falling out with a beneficiary are other common reasons to revisit your will rather than assume it still reflects your wishes.
If your estate plan is more than a simple will away from being complete, especially if you want to keep your family out of probate court altogether, FastWill's Maine living trust guide walks through the alternative.
Related Maine estate planning resources
- Maine estate planning guide
- what happens if you die without a will in Maine
- setting up a living trust in Maine
- making a power of attorney in Maine
- how to write your own will
Once you know your state's rules, you can create your will with FastWill and get it done correctly the first time.
Frequently Asked Questions
Do I need a lawyer to make a will in Maine?
No. Maine law does not require an attorney. You need to meet the age, capacity, signature, and witness requirements in 18-C sections 2-501 and 2-502, which a guided will builder is designed to satisfy.
Can I write my own will by hand in Maine?
Yes, as a holographic will, if the signature and material provisions are in your own handwriting. It does not need witnesses, but a properly witnessed typed will is harder to challenge.
How many witnesses does a Maine will need?
Two. Both must be present when you sign or acknowledge the will, and both must sign themselves.
Does a Maine will need to be notarized?
No, notarization is not required to make the will valid. A notary is only needed if you add a self-proving affidavit under section 2-503.
What happens if I die without a will in Maine?
Your estate passes under Maine's intestacy statute, which decides who inherits based on your surviving spouse, children, and other relatives rather than your own wishes. See our guide on what happens if you die without a will in Maine for the full breakdown.
Ready to put a valid will in place instead of leaving it to Maine's default rules? FastWill's will package walks you through every requirement above.
