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Estate planning in Maine involves navigating a specific set of state laws that differ in important ways from neighboring states. Understanding these distinctions helps ensure your documents will be valid and your wishes carried out as intended.

Like all states, Maine recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2 adult witnesses, and adding a notarized self-proving affidavit can streamline the probate process later. The state also recognizes holographic (handwritten) wills, though these have stricter proof requirements and are more vulnerable to legal challenges.

If you die without a will in Maine, your heirs must survive you by at least 5 days to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident. The amount a surviving spouse inherits without a will depends on whether your parents are still alive. If they are, your spouse may have to share the estate with them—a result that surprises many people and underscores why having a will matters. Maine uses "per capita at each generation" distribution when dividing assets among descendants. This modern approach ensures that grandchildren whose parent predeceased you share equally with other grandchildren, rather than splitting only their parent's portion.