State requirements
Making a will in Maine
Maine requires 2 adult witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
Maine adopted the Uniform Probate Code (UPC). Maine recognizes holographic wills. Maine is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | 18-C M.R.S. § 2-501 | 18+ and of sound mind |
| Execution Requirements | 18-C M.R.S. § 2-502 | Written, signed, 2 witnesses |
| Holographic Wills | 18-C M.R.S. § 2-502 | Material portions handwritten |
| Self-Proving | 18-C M.R.S. § 2-504 | Available with affidavit |
| Elective Share | 18-C M.R.S. § 2-202 | Based on marriage length |
Execution Requirements
MAINE WILL REQUIREMENTS (UPC):
✓ In writing
✓ Signed by testator
✓ Signed by 2 or more witnesses within reasonable time
HOLOGRAPHIC WILLS:
✓ Material portions in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
Elective Share
MAINE ELECTIVE SHARE (UPC):
- Based on length of marriage
- Up to 50% of augmented estate for 15+ year marriages
- Includes probate and non-probate transfers
Maine Estate Tax
MAINE ESTATE TAX:
- Maine has state estate tax
- $6.01 million exemption
- Rates from 8% to 12%
Checklist for Maine Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 witnesses signed within reasonable time
- •[ ] Self-proving affidavit completed
- •[ ] OR: Holographic will with material portions handwritten
Maine will questions, answered
Can I make a will online in Maine?
Yes. Maine does not require a lawyer to draft a will. A will created online is valid in Maine when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Maine?
Maine requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Maine require a will to be notarized?
No. Witnesses make a will valid in Maine, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Maine?
Yes, Maine recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in Maine?
A valid Maine will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about Maine law, not legal advice. Statutes change — verify current requirements or consult a licensed Maine attorney for complex situations.