Estate plan

Maine

Everything to plan your estate in Maine: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Will

2W

Trust

POA

N

HC Directive

2W

E-will

Not adopted

RON

Enacted

Effective 2023-07-01

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses = no formal requirements
1

Will

Me. Rev. Stat. tit. 18-C, §2-501 et seq.

Witnesses: 2 required

Two witnesses must sign within reasonable time after witnessing testator's signing or acknowledgment

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Valid

Handwritten wills without witnesses are recognized in Maine

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

3

Durable Power of Attorney

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

Acknowledged before a notary public. 18-C M.R.S. §5-905
Durability is presumed unless the instrument states otherwise
ViewStatutory warning notice
Notice to the Principal (18-C M.R.S. §5-905(2)) As the "Principal" you are using this power of attorney to grant power to another person (called the Agent) to make decisions about your property and to use your property on your behalf. Under this power of attorney you give your Agent broad and sweeping powers to sell or otherwise dispose of your property without notice to you. Under this document your Agent will continue to have these powers after you become incapacitated. The powers that you give your Agent are explained more fully in the Maine Uniform Power of Attorney Act, Maine Revised Statutes, Title 18-C, Article 5, Part 9. You have the right to revoke this power of attorney at any time as long as you are not incapacitated. If there is anything about this power of attorney that you do not understand, you should ask an attorney to explain it to you.
ViewAgent acknowledgment wording
Notice to the Agent (18-C M.R.S. §5-905(2)) As the "Agent" you are given power under this power of attorney to make decisions about the property belonging to the Principal and to dispose of the Principal's property on the Principal's behalf in accordance with the terms of this power of attorney. This power of attorney is valid only if the Principal is of sound mind when the Principal signs it. When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the Principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. The duties are more fully explained in the Maine Uniform Power of Attorney Act, Maine Revised Statutes, Title 18-C, Article 5, Part 9 and Title 18-B, sections 802 to 807 and Title 18-B, chapter 9. As the Agent, you are generally not entitled to use the Principal's property for your own benefit or to make gifts to yourself or others unless the power of attorney gives you such authority. If you violate your duty under this power of attorney, you may be liable for damages and may be subject to criminal prosecution. You must stop acting on behalf of the Principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events of termination are more fully explained in the Maine Uniform Power of Attorney Act and include, but are not limited to, revocation of your authority or of the power of attorney by the Principal, the death of the Principal or the commencement of divorce proceedings between you and the Principal. If there is anything about this power of attorney or your duties under it that you do not understand, you should ask an attorney to explain it to you.
4

Advance Health Care Directive

Me. Rev. Stat. tit. 18-C §5-801 et seq.

Witnesses: 2 required

Two witnesses required. 18-C M.R.S. §5-803

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

Signatures must be made in person. Notwithstanding any law validating electronic or digital signatures, the principal and witnesses must sign in person and not by electronic means. 18-C M.R.S. §5-803(2)
Narrow exception: a principal hospitalized or in a residential-care facility under infectious-disease isolation may direct another person to sign for them using two-way audiovisual communication. 18-C M.R.S. §5-803-A
Best practice: do not name your agent as a witness. The optional statutory form at 18-C M.R.S. §5-805 contemplates two independent witnesses, though it does not in terms prohibit an agent-witness
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$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

In this state: Cites the Maine Confidentiality of Health Care Information Act (22 M.R.S. §1711-C) for the general state-law authorization framework, plus the parallel sensitive-category statutes: 5 M.R.S. §19203 (HIV testing and disclosure), 34-B M.R.S. §1207 (mental health records), and 42 CFR Part 2 (substance-use disorder). Maine providers routinely insist on §1711-C-compliant language alongside a federal HIPAA authorization.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. Plus

Free
Plus
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime, stored in your account
Annual review reminder
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Electronic will status

Maine has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Maine has adopted RUFADAA (2017). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Maine authorized RON in 2023. This law does not take effect until 2023-07-01.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Maine does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Maine for guidance specific to your situation.

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