How to Make a Will in Maine (2026 Guide)

A will made in Maine must be signed by you and by 2 witnesses to be valid. Yes (Me. Rev. Stat. tit. 18-C, § 2-504). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Maine will covers, generated from the same rules.

Make my free Maine will

Maine will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Me. Rev. Stat. tit. 18-C, § 2-502
Financial POA statute	Me. Rev. Stat. tit. 18-C, § 5-901 et seq. (Maine Uniform Power of Attorney Act)
Healthcare directive statute	Me. Rev. Stat. tit. 18-C, § 5-801 et seq. (Uniform Health-Care Decisions Act); optional form at § 5-804

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Me. Rev. Stat. tit. 18-C, § 2-502(1)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Me. Rev. Stat. tit. 18-C, § 2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.

Do you need a notary in Maine?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Me. Rev. Stat. tit. 18-C, § 2-504). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Maine

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Me. Rev. Stat. tit. 18-C, § 2-502(1)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Me. Rev. Stat. tit. 18-C, § 2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Me. Rev. Stat. tit. 18-C, § 2-504). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Maine allows a testator (or the testator's agent) to deposit a will with the probate court for safekeeping during the testator's lifetime; it is kept confidential and released only to the testator or, after death, to the named personal representative (Me. Rev. Stat. tit. 18-C, § 2-515). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take 50% of the marital-property portion of the augmented estate, where the marital-property portion rises with the length of the marriage from 3% after one year to 100% after fifteen or more years (Me. Rev. Stat. tit. 18-C, §§ 2-202, 2-203), plus the homestead allowance, exempt property and family allowance (Me. Rev. Stat. tit. 18-C, §§ 2-402 to 2-404).

Homestead

No special restriction on devising a homestead by will. A surviving spouse (or minor/dependent children) is entitled to a homestead allowance of $22,500 with priority over most claims and devises (Me. Rev. Stat. tit. 18-C, § 2-402); the homestead exemption from creditors is in Me. Rev. Stat. tit. 14, § 4422.

If you die without a will in Maine

If you die without a will in Maine, your spouse takes everything if you leave no descendants and no parents, or if all of your descendants are also your spouse's and the spouse has no other descendants. If you leave parents but no descendants, the spouse takes the first $300,000 plus three-quarters of the balance. If your spouse has descendants who are not yours, the spouse takes the first $225,000 plus half; if you have descendants who are not your spouse's, the spouse takes the first $150,000 plus half (Me. Rev. Stat. tit. 18-C, §§ 2-102, 2-103). With no spouse, everything passes to descendants, then parents, then siblings and their descendants. More on intestacy.

Other estate-planning documents in Maine

• Durable financial power of attorney: Me. Rev. Stat. tit. 18-C, § 5-901 et seq. (Maine Uniform Power of Attorney Act). The power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction) and the signature must be acknowledged before a notary public or attorney-at-law (Me. Rev. Stat. tit. 18-C, § 5-905). The instrument must contain the statutory notice to the principal and the agent's acknowledgment (§ 5-905(3), (4)). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the registry of deeds before using it for real estate.
• Advance healthcare directive: Me. Rev. Stat. tit. 18-C, § 5-801 et seq. (Uniform Health-Care Decisions Act); optional form at § 5-804. An advance health care directive must be in writing and signed by the principal, and Maine requires that a power of attorney for health care be signed in the presence of two adult witnesses, who also sign (Me. Rev. Stat. tit. 18-C, § 5-803). The appointed agent and the principal's health care provider should not serve as witnesses. Notarization is not required. The statutory form is optional.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Me. Rev. Stat. tit. 18-C, § 2-513).

Maine notes

• Maine recognizes holographic wills whose signature and material portions are in the testator's handwriting (Me. Rev. Stat. tit. 18-C, § 2-502(2)); a typed, witnessed will is far easier to prove.
• Maine's former statutory will form (Me. Rev. Stat. tit. 18-A, § 2-514) was not carried forward into the 2019 Probate Code; this service's will is a conventional attested will.

Frequently asked questions

How many witnesses does a will need in Maine?

Maine requires 2 witnesses (Me. Rev. Stat. tit. 18-C, § 2-502). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will (Me. Rev. Stat. tit. 18-C, § 2-502(1)). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Me. Rev. Stat. tit. 18-C, § 2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.

Does a will need to be notarized in Maine?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Maine have a self-proving affidavit?

Yes (Me. Rev. Stat. tit. 18-C, § 2-504). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Maine?

Yes, Maine recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in Maine?

A surviving spouse cannot be completely disinherited. The spouse may elect to take 50% of the marital-property portion of the augmented estate, where the marital-property portion rises with the length of the marriage from 3% after one year to 100% after fifteen or more years (Me. Rev. Stat. tit. 18-C, §§ 2-202, 2-203), plus the homestead allowance, exempt property and family allowance (Me. Rev. Stat. tit. 18-C, §§ 2-402 to 2-404).

What happens if I die without a will in Maine?

If you die without a will in Maine, your spouse takes everything if you leave no descendants and no parents, or if all of your descendants are also your spouse's and the spouse has no other descendants. If you leave parents but no descendants, the spouse takes the first $300,000 plus three-quarters of the balance. If your spouse has descendants who are not yours, the spouse takes the first $225,000 plus half; if you have descendants who are not your spouse's, the spouse takes the first $150,000 plus half (Me. Rev. Stat. tit. 18-C, §§ 2-102, 2-103). With no spouse, everything passes to descendants, then parents, then siblings and their descendants.

Is a no-contest clause enforceable in Maine?

A provision penalizing an interested person for contesting the will is unenforceable if probable cause exists for instituting the proceeding (Me. Rev. Stat. tit. 18-C, §§ 2-517, 3-905).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.