Is Making Last Wills in Maine Important: Yes & Here's How to Do it

There was a time when people didn't have maps. To travel, all they had at their disposal was the position of the sun, the stars, and the moon. Was it efficient?

In today's standard, a big NO.

Now we have maps built into our phones that illustrate the best routes to reach a destination.

A last Will is like a map. This legal document works as a roadmap that helps you plan and navigate the distribution of your assets and the care of your loved ones after you pass away. It also provides clear guidance for those responsible for carrying out your wishes and managing your affairs.

Without a last Will, your loved ones will be left behind at the mercy of chance and the intestacy law of Maine.

Intestacy Law of Maine

Maine's intestacy laws determine who will get your assets if you die without a Will. However, that's only the case for some types of assets.

Only assets that fall under probate get affected by the state's intestate succession laws.

Assets that aren't considered intestate are -

The property you've transferred to a living trust.
Life insurance proceeds with a named beneficiary.
IRA, 401(k), or other retirement accounts with a named beneficiary.
Securities like stocks and bonds are held in a transfer-on-death account.
Real estate for which you have a transfer on the death deed.
Vehicles with a transfer on death registration.
Payable-on-death bank accounts, or
The property that you and someone else own together as joint tenants or tenancy by the entirety.

Irrespective of your Will, these assets will pass to the surviving co-owner or the named beneficiary.

If you don't make a Will and none of the named beneficiaries are alive, the probate court will transfer your property according to intestate succession.

Last Wills in Maine

If you want to avoid keeping the distribution of your assets hanging on the intestacy laws, it's best to make a last Will.

Requirements for Making a Will in Maine

To make a Will in Maine, the testator (the person making the Will) must be:

18 years or older (or an emancipated minor), and
of sound mind.

You must make your Will on a hard copy. That is, it must be on actual paper. Maine doesn't consider Wills made in audio, video, or any other digital file valid.

Maine also offers a "Statutory Will" in which you can fill in the blanks for your particular information.

Maine law does permit handwritten Wills, but they are usually not a good idea as there remains room for errors like ambiguity, failure to dispose of the entire estate, and more.

Will Making Checklist

Make a list of your assets

Make a list of your assets, including real estate, personal property (jewelry, art, antiques,) financial accounts, business interests, and other valuable items.

As you ready your list, add notes about who you want to inherit assets. You can name your spouses, children, friends, and charitable organizations in a Maine Will as beneficiaries.

Make a list of your debts

Make another list consisting of all the financial obligations you may have. This can include auto loans, mortgages, and any other debts you might owe.

Select a responsible executor

Whatever you write in your Will, your executor will administer it when you die. So, selecting someone you trust, who understands your intentions, and who you know will be in a sound state of mind during the distribution process is essential.

Choose guardians

In your Will, you can assign guardianship to your minor children and pets (if you have any).

Draft your Will

You can either take the help of attorneys to craft a Will or write your own Will with the assistance of online services.

However, working with an attorney has more advantages, as they can help you prepare the Will that accurately reflects your intentions and make estate planning easier.

Whichever way you choose, ensure that you sign and date your Will in the presence of two witnesses who should also sign the document.

An interested witness (a witness who stands to inherit from the Will) can sign the Will, but it's not recommended.

After signing, make a copy and give that to your executor.

Revoking a Will in Maine

You can review your Will and make updates if needed. Life changes, so may your wishes regarding your assets, and so should your Will.

You can revoke or change your Will at any time by burning, tearing, canceling, obliterating, or destroying it with the intent to revoke it.

You can also order someone else to burn, tear, cancel, obliterate, or destroy your Will in front of you.

If you make a new Will but don't specify that it's revoking the old Will, the following rules will determine whether the new Will should replace or supplement the terms of the old Will -

If the terms of the new Will and the old one conflict, the terms of the new Will must be applied if that was your intention.
The old Will is assumed to be replaced if the new one distributes all of your estates. Your previous Will is nullified in this situation, and the probate court will follow only the provisions of the new Will.
The terms of both Wills will be regarded as valid if the new Will does not distribute all of your assets.

What is the Probate Process in Maine?

Probate is the legal process of validating a Will and distributing the deceased individual's assets according to their wishes.

Here's an overview of the probate process in Maine:

File an Application for Probate

The first step is to apply for probate to start the probate process.

If there's a Will, it needs to be submitted to the court, and the court will then judge the validity of the Will. (If the Will gets deemed invalid, the court will follow the intestacy laws to distribute the assets).

Appointing a Personal Representative

The probate court will decide who to appoint as personal representatives.

If your Will is valid and mentions an executor, the court will appoint that person as the representative. If the Will does not name a Personal Representative or the designated representative is unwilling or unable to serve, the court will appoint an administrator.

The appointed executor will get Letters of Testamentary from the court, legally allowing them to go ahead with their duty and implement your wishes as per the Will.

Note: Before accepting the Letters and carrying out their duties, the representative must purchase a probate bond (to protect the estate from any adverse consequences of their actions).

Paying Your Dues and Distributing Your Assets

The executor will notify all the beneficiaries of their potential inheritance and the creditors about your estate.

If you have unsettled debts or taxes, your representative will need to use your estate's assets to clear them. After clearing all your dues, the representative can then move on to distribute the remaining assets according to your Will.

Providing Detailed Accounts

The executor must provide a detailed accounting of how they handled the estate. Once the probate court approves this, the probate process ends.

The probate process can cost your loved ones significant time and money. However, if you have a small estate that doesn't cost more than $40,000, the process can be shortened by filing a document called a "Small Estate Affidavit."

If you want to know more about Maine's laws about making a Will, visit here: Maine Revised Statutes Title 18-C Probate Code Article 2: Intestate Succession and Wills Part 5: Wills.

Updated on: January 6, 2023