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In Maine, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
In order for a will to be valid, it must be: made by a person who is 18 years old or over and. made voluntarily and without pressure from any other person and.signed by the two witnesses, in the presence of the person making the will, after it has been signed.
It must be in writing. Generally, of course, wills are composed on a computer and printed out. The person who made it must have signed and dated it. A will must be signed and dated by the person who made it. Two adult witnesses must have signed it. Witnesses are crucial.
In addition, Maine allows a will to be made without witnesses if it is written by hand by the testator and signed at the end. 18-A M.R.S.A. § 2-503. This is called a holographic will.
To start the probate process, you need to file an Application for Probate in the probate court in the county where the decedent lived. In Maine, each county has its own probate court. If there is a Will, it needs to be submitted to the probate court. The probate judge will decide whether or not the Will is valid.
No, in Maine, you do not 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.
Age: The testator must be at least 18 years old. Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by some other person in the testator's presence by the testator's direction.Writing: A Maine will must be in writing to be valid.