How to Make a Will in Maine: Requirements and Steps

Maine will law changed significantly when Title 18-C (the Uniform Probate Code) took effect. Getting the execution requirements wrong doesn't just create headaches — it creates an invalid document your family won't discover is worthless until they need it most.

Here are the current requirements and the steps to get it right.

Maine Will Execution Requirements

Under Title 18-C, a valid Maine will must meet these conditions:

1. Written document — oral (nuncupative) wills are not recognized in Maine
2. Signed by the testator — or by another person at the testator's direction and in the testator's conscious presence
3. Two witnesses — two competent adults must witness the signing and sign the will themselves

Maine does not require notarization for a will to be valid. However, adding a self-proving affidavit — signed by the testator and both witnesses before a notary — is strongly recommended. Without it, at least one witness must appear in probate court after your death to confirm the will's authenticity. With it, the will is accepted without any witness testimony.

Interested parties (people who inherit under the will) can technically serve as witnesses in Maine, but it creates complications. Use disinterested witnesses whenever possible.

What to Include in Your Maine Will

A complete will should cover:

• Personal representative nomination — name who will manage the estate (Maine uses "personal representative" rather than "executor"). Include an alternate in case your first choice can't serve.
• Asset distribution — specify who receives what. Be precise about real property (use legal descriptions), and address what happens if a beneficiary predeceases you.
• Guardian for minor children — if you have children under 18, nominate a guardian. Without this, the probate court decides.
• Specific bequests — family heirlooms, the camp, vehicles, personal items. Everything not specifically bequeathed falls under your residuary clause.
• Residuary clause — catches everything not specifically mentioned and directs it to named beneficiaries.

The Maine Statutory Will Option

Maine does offer a statutory will form, which is a simplified, pre-formatted document. It works for very basic situations — a spouse who inherits everything, or a single person leaving assets to children in equal shares. But it lacks flexibility for specific bequests, trust provisions, or complex family situations.

If your estate involves real property (especially a primary home and a seasonal camp), blended family considerations, or any MaineCare planning, you'll outgrow the statutory will quickly.

Common Mistakes That Invalidate Maine Wills

Only one witness. Maine requires two. No exceptions, no workarounds.

Handwritten changes after signing. Crossing out a line and writing in a new beneficiary doesn't create a valid amendment. You need a formal codicil (with the same two-witness requirement) or a completely new will.

Failing to revoke prior wills. If you execute a new will, include an explicit revocation clause for all prior wills and codicils. Conflicting wills create exactly the kind of dispute that forces formal probate.

Not coordinating with non-probate transfers. Your will only controls probate assets. If you've titled your home in joint tenancy or designated a POD beneficiary on your bank account, those assets transfer automatically regardless of what the will says. Many Maine residents have a will leaving "everything to my children" while their bank accounts are POD to a second spouse — creating exactly the family conflict they wanted to avoid.

After the Will Is Signed

Store the original in a fireproof location and tell your personal representative where to find it. Maine doesn't have a will registry, so if nobody can locate the original, the probate court treats you as having died intestate — and your carefully drafted plan means nothing.

The Maine Basic Estate Planning Kit includes step-by-step will drafting instructions with the self-proving affidavit language required under the current Uniform Probate Code, plus coordination worksheets for beneficiary designations and property titling.

See more Maine guides →