Maine Last Will and Testament
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How to fill out Maine Last Will And Testament?
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FAQ
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).
If you reside in Maine, and die without a will, your property is said to pass by intestacy, and Maine law will decide how your property, called your probate estate, will be distributed. How much of your estate your spouse will receive depends on who else in your family survives you.
A notarized will does not need to be probated.When a person dies leaving behind a will that is not notarized, the law requires that its validity be ascertained by a notary or by a court. Similarly, any non-notarized modification made to a will must be probated, whether the will is notarized or not.
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.
Notarizing a will is not necessary as long as your will has been properly constructed and witnessed; the court will view it as a legally binding document. However, you may still want to include a self-proving affidavit and get your will notarized, since it can help the probate process move faster.
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.
