Detailed Answer
Disclaimer: This is not legal advice. Consult a licensed attorney for guidance specific to your situation.
1. Maine’s Witness and Notarization Requirements
Under Maine law, a valid will must be signed by the testator (the person making the will) and attested by at least two credible witnesses present at the same time who also sign the will. See Maine Revised Statutes Title 18-B §2-502 (§2-502). Notarization is not required for validity; it only serves to streamline probate when the will is “self-proving.” See §2-503 (§2-503).
2. Probate of an Unwitnessed Will
If a will lacks the required attesting signatures, it generally cannot be admitted to probate in Maine. The probate court will dismiss the document for failure to comply with statutory formalities. Maine has not adopted a “harmless error” rule or holographic will exceptions for unwitnessed wills by non-military testators.
3. Possible Exceptions
- Military and maritime wills: Active duty service members and mariners at sea may execute valid oral (nuncupative) wills under limited circumstances. See Title 18-B §2-502(3).
- Voluntary Recantation or Re-execution: If the testator is alive and competent, they can sign a new, properly witnessed will. Witnesses must sign together with the testator.
4. Next Steps If Your Will Is Unwitnessed
1. Review any drafts or notes. If there’s clear testamentary intent, discuss with a probate attorney whether evidence from your plans or statements might support a claim of intent in a new document.
2. Re-execute a new will following statutory requirements: two witnesses and the testator’s signature.
3. Consider a self-proving affidavit at the time of signing. Have the witnesses swear under oath before a notary that they observed the signature—this speeds court review but is not required for validity.
Helpful Hints
- Always use two independent witnesses—not beneficiaries—to sign your will.
- Keep your will in a safe place and let the personal representative know its location.
- Review and update your will every 5 years or after major life events.
- Ask your witnesses to sign a self-proving affidavit before a notary to avoid extra steps at probate.
- Consult a Maine probate attorney if there’s any uncertainty about formality requirements.