Maine Last Will and Testament Registration Certificate
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How to fill out Maine Last Will And Testament Registration Certificate?
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FAQ
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.
If only a copy of the will is available, the Court will accept it provided that notice was given to all intestate heirs (relatives who would inherit in the absence of a will) and no one challenges it.
A copy of a will may be admissible in court if the original has been destroyed by a fire or flood or if the original has been unintentionally lost by the testator. If the original will was purposely destroyed or thrown out by the testator because he or she wanted to revoke that will, the copy is not valid.
However, if a copy of the will exists and there is sufficient evidence to prove that that it was the last will of the deceased and had not been destroyed by the deceased, then the Probate Registrar may accept the copy will and may issue a Grant on the basis of a copy only.
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.
In Maine, anyone aged 18 or older who is of sound mind can make a Will. When you write your Will, you list all your property and who you want to give it to after you die (these people are called your beneficiaries).
A person who cannot sign his/her Will, can sign it by making a thumbprint. If a thumbprint is used, the Will must be certified by a Commissioner of Oaths indicating that s/he is satisfied with the identity of the testator and that it is indeed the Will of the testator.
The most likely person to hold the document is the Executor selected in the Will. For example, a client names her adult daughter as the Executor of her Will. The client gives her adult daughter the original Will and tells her that she will need to bring this to the probate court upon her death.
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.
