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Last Will and Testament
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Fast and reliable Maine will forms
If you die without a will in Maine, your assets will be distributed according to default state rules called intestacy laws. These laws might not reflect your preferences, especially if you have a blended family, special needs children, family strife, or other unique circumstances. With a will, you can provide for the distribution of your assets as you see fit rather than relying on the state’s default rules. FindLaw’s forms allow you to express your wishes officially, customize inheritance access, and secure your estate with explicit disinheritance, avoiding legal complications.
With FindLaw, you can easily create a will. Click on the links below to jump down the page:
How it works
It only takes minutes to control your future. Need help? Contact one of our directory attorneys.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time.
Gather information
You will need a list of your assets, contact information for important people, and any wishes you want to be honored when you’re gone.
Complete your documents
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing.
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary.
Plan for your future with confidence
This free guide will help you:
Learn the most common estate planning terms
Understand the essential estate planning tools
Gather critical information with an estate planning checklist
What’s next to make my Maine will valid?
If you want a will, you can hire a lawyer or use a will form from a reliable source. If you use a form, follow these steps:
List your assets and debts
To make it easier and faster for your executor to wrap up your estate, you should make a comprehensive list of your assets and debts. Your assets include both real property and personal property. Real property is real estate such as your house, land, or vacation homes. Your personal property is all of your other possessions, such as vehicles, furniture, jewelry, and accounts. When listing your debts, be sure to include mortgages, taxes, credit card debt, and other obligations.
Name your beneficiaries
Your beneficiaries are the individuals or entities you want to receive your property. You can name people, such as family members, as beneficiaries. But you can also name entities such as charitable organizations or trusts as beneficiaries. If you would like to leave an inheritance to a minor child, you may want to create a trust. With a trust, a trustee of your choice manages your child’s finances on their behalf.
Choose guardians for your children
One of the main reasons that parents write a will is to choose guardians for their minor children. You will have more peace of mind knowing that you have named good caretakers for your children just in case anything happened to you. You should choose guardians who are responsible and willing to step into this role. This can help to avoid legal objections from other family members.
Choose an executor
An executor, sometimes called a personal representative, is the person who is responsible for paying off your debts, distributing your property, and wrapping up your estate. Your executor should be a trusted person who is able and willing to take on these tasks. Many people choose a spouse, adult child, or other close family member for this role. You may want to list an alternate executor in case your first choice is unable to perform the task. If you do not choose an executor, the probate court will choose one on your behalf.
Sign your will
You need to sign your will in the presence of two witnesses. They should sign the will within a reasonable time after observing you sign it.
Store your will in a safe place
After you have informed your loved ones about your will, you should give a copy to your executor and lawyer (if you have one). You should keep a copy of your will in a secure place too. Many people choose to store their will in a locked safe that they share with a trusted person.
Frequently asked questions about Maine last will and testaments
There are a few basic requirements for a legally valid will in Maine:
- You (the “testator“) should be at least 18 years of age or a legally emancipated minor.
- The will must be in writing.
- While you are of “sound mind,” you must sign your will or direct someone to sign it for you.
- There must be at least two witnesses present as you sign your will. They must also sign.
Your last will and testament is the cornerstone of a good estate plan. You use a will to make your final wishes known and distribute your property. You can also use it to name guardians for minor children.
A living will, sometimes called an advance directive, is a legal document you use to specify your health care wishes in advance. A living will goes into effect in the event that you were to become incapacitated and unable to make your own medical decisions. At that time, your loved ones and health care providers would use your living will to make medical decisions according to your wishes.
No, you do not have to notarize your will to make it legally valid in Maine. However, if you would like to make your will self-proving, you will need the services of a notary public. When you have a self-proving will, a probate court can automatically accept your will as valid. It does not need to call your witnesses to testify to the validity of your will.
A fully handwritten and unwitnessed will is called a holographic will. Maine law recognizes holographic wills as valid, but only if material portions of the will are in your handwriting. Your signature must also be in your own handwriting.
Even though Maine law recognizes holographic wills, you should only handwrite your will as a last resort. Many courts hesitate to recognize handwritten wills because the handwriting is difficult to verify. It can also be difficult to interpret, particularly if there are handwritten changes. To avoid delays and challenges to your will, you should sign a printed will in front of two competent witnesses. You can make a Maine will from the convenience of your home computer with our easy step-by-step process.
You can distribute most of your assets through your will but there are a few exceptions in Maine:
- Joint property with the right of survivorship. If you own property jointly, this property will pass directly to your joint owners. You cannot change this through your will.
- Spouse’s elective share and personal property exemption. In Maine, a spouse has the right to claim an elective share of your estate even if you do not leave them anything in your will. They may also claim up to $15,000 of personal possessions, such as furniture, vehicles, and others.
- Homestead allowance. Your spouse can claim a homestead allowance of up to $25,000. If there is no surviving spouse, your minor children can split the homestead allowance.
- Family allowance. Your spouse and minor children have the right to claim reasonable maintenance payments from your estate. They will only get these payments during the administration of the estate.
- Life insurance and accounts with named beneficiaries. If you have retirement accounts with named beneficiaries or life insurance, you cannot change these designations through your will.
You can change your will by either creating an amendment (a “codicil“) or by making a new will. If you would like to make minor changes, a codicil will probably be all you need. To do a total re-write, you should create a new will. If you have gone through significant life events since you created your will, you probably need to create a new will.
Major life events include:
- Marriage or divorce
- Birth or adoption of children or grandchildren
- Death of a loved one
- Sale of a business
When such profound things occur in your life, you may find that you need to overhaul your will. This may involve changing your designations, adding, or removing beneficiaries. To do so, you should create a new will that revokes your prior wills.
If you want to completely revoke your will, you can do so by:
- Making a new will that revokes all prior wills
- Tearing, burning, or otherwise destroying your will with the intention to revoke it
If you create a new will, you should sign it and have it witnessed with the same formalities you used on the prior will. You should then inform your family of your new will and give a copy to your executor and lawyer (if you have one). Keep in mind that if you create a will through FindLaw’s easy step-by-step process, you can change your will for a full year after purchase.
You may want to speak with a lawyer if you:
- Have a past divorce, blended family, or other complex family situation
- Have a high-value estate
- Own a business
- Want to create a special needs trust
- Want legal review of your completed will
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