How to Make a Will in Maine

If you're a resident of Maine and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name a personal representative, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what Maine laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Maine

Here's a quick checklist for making a will in Maine:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose a personal representative to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In Maine, if you die without a will, your property will be distributed according to state "intestacy" laws. Maine's intestacy law gives your property to your closest relatives, beginning with your spouse, children, and parents. The list of inheritors continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Maine?

Yes. You can make your own will in Maine. Maine offers a statutory will—a will form available in the state's statutes. The statutory will is a good option for a simple will, but it doesn't offer much flexibility. If you want more flexibility, you can use Nolo's Quicken WillMaker & Trust. (Me. Rev. Stat. tit. 18-C, § 2-517 (2025).)

However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Maine

To make a will in Maine, you must be:

• 18 years of age or older (or an emancipated minor), and
• of sound mind.

(Me. Rev. Stat. tit.18-C, § 2-501 (2025).)

You must make your will in writing on actual paper. It can't be on audio, video, or a digital file. (See "Can I Make a Digital or Electronic Will?," below.) (Me. Rev. Stat. tit.18-C, § 2-502 (2025).)

How to Sign and Execute My Maine Will

To finalize your will in Maine, you must sign it and:

• have two witnesses present when you sign your will or acknowledge that it's your will, and
• your witnesses must sign your will within a reasonable time of seeing you sign or acknowledge it.

(Me. Rev. Stat. tit.18-C, § 2-502 (2025).)

Maine law allows an interested witness who stands to inherit from the will to sign it, but that's usually not a good idea, so it's best to have disinterested witnesses sign. (Me. Rev. Stat. tit.18-C, § 2-504 (2025).)

Holographic (handwritten) wills don't require witnesses, but the signature and all material portions of the will must be in your handwriting. (Me. Rev. Stat. tit.18-C, § 2-502 (2025).)

Do I Need to Have My Will Notarized?

No, in Maine, you don't need to notarize your will to make it legal. However, Maine allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. (Me. Rev. Stat. tit.18-C, § 2-503 (2025).)

Can I Make a Digital or Electronic Will?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. Maine currently doesn't allow e-wills, but that could change in the future.

Can I Choose and Appoint a Personal Representative in My Will?

Yes. In Maine, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your personal representative that generally explains what the job requires. If you don't name a personal representative, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Maine?

In Maine, you may revoke or change your will at any time. You can revoke your will by:

• executing a new will that expressly revokes the previous will
• burning, tearing, canceling, obliterating, or destroying your will yourself with the intent to revoke it, or
• ordering someone else to burn, tear, cancel, obliterate, or destroy your will in front of you with the intent to revoke it.

(Me. Rev. Stat. tit.18-C, § 2-506 (2025).)

If a new will doesn't specifically state that it's revoking the old will, Maine law determines whether the terms in the new will should replace or supplement (add to) the old will. If the new will disposes of the entire estate, a court will presume that you intended it to revoke the old will and will follow the terms of your new will. If the new will doesn't dispose of your entire estate, the court will presume that you intended it to supplement the old one, and your personal representative will follow the terms in both wills. If there are contradictory terms, the personal representative should follow the new will's instructions. (Me. Rev. Stat. tit.18-C, § 2-506 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), Maine law revokes any gifts in your will to your spouse or spouse's relative or names your spouse or spouse's relative to be your personal representative. However, if you happen to remarry your ex or if you specifically state in your will (or the divorce decree or a contract dividing the marital property states) that divorce won't affect the provisions in your will, then these rules won't apply. (Me. Rev. Stat. tit. 18-C § 2-804 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Maine's laws about making wills here: Maine Revised Statutes, Title 18-C Probate Code, Article 2: Intestate Succession and Wills, Part 5: Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and living trusts—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Maine wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Maine, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Maine?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Maine, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your personal representative or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death.

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. Unlike most states, Maine does have an estate tax. The federal government also has an estate tax, but very few estates are wealthy enough to owe federal estate taxes. If your estate is large enough to owe state or federal estate tax, you should consider working with an estate planning attorney. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.