✍️ Sarah Mitchell
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⚖️ Legally reviewed by James Hartley
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Last reviewed: July 2026
Affiliate Disclosure: Law-Trust.com may earn a commission when you click links to Trust & Will on this page, at no extra cost to you. Our rankings are editorially independent. This article is for informational purposes only and does not constitute legal advice.
Maine is another Northeastern state with its own state estate tax, with an exemption of $6.8 million per individual — below the 2026 federal exemption of $13.61 million. On the other hand, Maine adopted the Uniform Probate Code in 2019, making its probate process significantly more efficient than neighboring New Hampshire. The state also has a convenient $40,000 small estate affidavit threshold for collecting personal property without probate.
For most Maine residents — whether in Portland, Bangor, Augusta, or one of the many coastal or rural communities — making a legally valid will online is entirely achievable. This guide covers everything you need: Maine's UPC will requirements, holographic will recognition, the estate tax, and which online services work best for Maine residents in 2026.
⚠️ Maine Estate Tax Warning: Maine imposes a state estate tax with a $6.8 million exemption — below the federal threshold. Maine also does NOT allow portability of unused exemptions between spouses, making AB trust planning important for married couples with estates potentially above $6.8M. Maine rates range from 8%–12%.
Is an Online Will Legal in Maine?
Yes — online wills are fully legal in Maine. Maine adopted the Uniform Probate Code (effective July 1, 2019), providing a modern, flexible framework.
Under 18-C M.R.S.A. § 2-502, a will is valid if it is in writing, signed by the testator (or at the testator's direction in the testator's conscious presence), and signed by at least two individuals who each sign within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or the will. The testator must be at least 18 years old and of sound mind.
Maine does not require notarization for a valid will. However, Maine allows a self-proving will affidavit that allows the will to be admitted to Probate Court without witness testimony.
Holographic Wills in Maine
Maine recognizes holographic wills under 18-C M.R.S.A. § 2-502(b). A valid Maine holographic will must be signed by the testator and the material portions must be in the testator's handwriting. No witnesses are required. While valid, holographic wills are easier to contest and harder to prove valid in court — an online witnessed will is always the safer choice.
Maine Will Requirements Checklist
✔ Maine Legal Will Requirements
- You are at least 18 years old and of sound mind
- The will is in writing (typed or printed)
- You sign the will (or direct another to sign in your conscious presence)
- Two witnesses sign within a reasonable time after witnessing your signing
- Use disinterested witnesses (non-beneficiaries) for best protection
- Notarization NOT required — but a self-proving affidavit is strongly recommended
- Holographic wills (handwritten, signed) valid without witnesses but less protected
- Consider Maine estate tax if your estate may exceed $6.8 million
- No portability: married couples should use AB trust planning if estate exceeds $6.8M
- Electronic wills not yet recognized under Maine law
Remote Online Notarization in Maine
Maine enacted remote online notarization (RON) legislation. Maine-commissioned notaries may perform notarial acts using audio-video communication technology. This is particularly useful for Maine residents in remote inland areas or on islands like Peaks Island, Monhegan, or Vinalhaven, where in-person notary access may be limited. You can complete your will's self-proving affidavit using a remote notary service from anywhere.
Electronic Wills in Maine
Maine has not yet enacted the Uniform Electronic Wills Act. Electronic wills with electronic signatures are not currently recognized in Maine. Your will must be in physical, paper format, signed in ink by you and two witnesses.
Maine's State Estate Tax — Key Details
Maine is one of approximately 12 states plus D.C. with a state estate tax. The Maine estate tax is governed by 36 M.R.S.A. § 4062.
Maine Estate Tax Facts
- Exemption: $6.8 million per individual (not inflation-indexed)
- Federal exemption (2026): $13.61 million per individual
- The gap: Estates between $6.8M and $13.61M owe Maine estate tax but no federal tax
- Tax rates: 8% to 12% on the taxable estate above $6.8M
- No portability: Maine does NOT allow a surviving spouse to use the deceased spouse's unused exemption. Each spouse gets a maximum $6.8M exemption — use it or lose it.
- Marital deduction: Assets left to a U.S. citizen surviving spouse are fully deductible (no Maine estate tax at the first death)
- Charitable deduction: Assets left to qualifying charities are deductible
Maine Estate Tax Planning — The No-Portability Problem
Maine's lack of portability is the key planning consideration for married couples. Consider a couple with a combined estate of $10 million. If everything passes to the surviving spouse, the entire $10M estate will eventually be subject to Maine estate tax (only $6.8M will be exempt at the second death). If instead the first spouse's estate uses an AB trust (credit shelter trust):
- First spouse's assets up to $6.8M go into a credit shelter trust (Trust B) — no estate tax, and not included in the surviving spouse's taxable estate
- Remaining assets pass to the surviving spouse (Trust A) — no estate tax via marital deduction
- At the second death: only the surviving spouse's share (Trust A) is potentially taxable
- Result: potentially $13.6M of estate assets are sheltered vs. $6.8M with no planning
An online will service cannot implement an AB trust — this requires an estate planning attorney. However, a well-drafted will that incorporates trust planning references is the starting point.
Best Online Will Services for Maine Residents
Best overall for Maine — complete documents, living trust option, free updates
Will plan from
$199
Maine-Compliant Will
Living Trust Option
Self-Proving Affidavit
Healthcare Directive
Free Lifetime Updates
Trust & Will is our top recommendation for Maine residents. The service generates a complete, Maine-compliant will package including the self-proving affidavit for simplified Probate Court filing. For couples with estates approaching $6.8M, the living trust plan ($399) is worth considering as a foundation for estate tax planning discussions with a Maine attorney.
✅ Pros
- Complete ME-compliant documents
- Living trust option available
- Self-proving affidavit included
- Free lifetime updates
❌ Cons
- Cannot implement AB trust planning
- No attorney access included
Start Your Maine Will at Trust & Will →
Best for Maine residents who want attorney guidance on estate tax planning
Will plan from
$99
Attorney Access
Estate Tax Discussions
Maine Documents
LegalZoom's attorney access is particularly valuable for Maine residents with estates near the $6.8M threshold. The ability to discuss Maine's no-portability rule and AB trust planning with a licensed attorney is worthwhile for many Maine couples.
✅ Pros
- Attorney access for estate tax guidance
- Handles complex ME estates
- Trusted brand
❌ Cons
- Upsells inflate cost
- Updates are paid
Visit LegalZoom →
Good subscription option for Maine residents with multiple document needs
Membership from
$39.99/mo
Unlimited Documents
Attorney Q&A
Maine Templates
Rocket Lawyer works for Maine residents who need a will alongside real estate documents, business agreements, or rental contracts common in Maine's seasonal real estate market. The attorney Q&A can help with basic Maine estate tax questions.
✅ Pros
- Multiple documents
- Attorney Q&A included
❌ Cons
- Monthly fee
- Limited estate tax guidance
Visit Rocket Lawyer →
Best one-time purchase for Maine residents
One-time from
$99
One-Time Purchase
Maine State Guidance
Detailed Instructions
Nolo's WillMaker provides solid Maine-specific guidance including Maine's recent UPC adoption. Nolo also publishes educational content on estate planning in estate tax states, useful for Maine residents.
✅ Pros
- One-time purchase
- Maine UPC guidance
- Trusted publisher
❌ Cons
- Desktop-focused
- Annual updates sold separately
Visit Nolo WillMaker →
Best budget option for simple Maine estates below the $6.8M estate tax threshold
Plan from
$39/yr
Lowest Cost
Maine Templates
Fast Completion
LawDepot is the most affordable option. Best for Maine residents with simple estates clearly below the $6.8M estate tax threshold where tax planning is not a concern.
✅ Pros
- Very low cost
- Quick process
❌ Cons
- No estate tax guidance
- Subscription model
Visit LawDepot →
Service Comparison Table
| Service | Price | Self-Proving Affidavit | Trust Option | Attorney Access |
|---|
| Trust & Will | $199 (will) / $399 (trust) | ✅ Included | ✅ Available | ❌ Extra cost |
| LegalZoom | From $99 | ✅ Included | ✅ Available | ✅ Subscription |
| Rocket Lawyer | $39.99/mo | ✅ Included | ⚠️ Limited | ✅ Included |
| Nolo WillMaker | $99 one-time | ✅ Included | ✅ Available | ❌ No |
| LawDepot | $39/year | ✅ Included | ❌ No | ❌ No |
| ME Estate Attorney | $1,000–$2,500 | ✅ Always | ✅ Available | ✅ Yes |
Maine Probate: Probate Court Process
Maine adopted the Uniform Probate Code (effective July 1, 2019). Maine probate is handled by the Probate Court in each county. Maine offers both informal and formal probate:
Informal Probate
Available for most straightforward Maine estates. The personal representative files an application with the Probate Court clerk without a formal hearing. Maine's UPC informal probate is efficient — typically 6–12 months for uncomplicated estates with a self-proving affidavit. This is significantly simpler than neighboring New Hampshire's more traditional probate system.
Small Estate Affidavit — $40,000 Threshold
Under 18-C M.R.S.A. § 3-1201, when the gross estate value does not exceed $40,000, successors may use a small estate affidavit to collect personal property without formal probate — usable 30 days after death. Real property still requires formal Probate Court proceedings regardless of value.
Step-by-Step: Making a Will Online in Maine
- Choose your service: Trust & Will is our top pick for Maine residents. If your estate may exceed $6.8M, consider LegalZoom for attorney access to discuss Maine estate tax planning.
- Complete the questionnaire: Answer questions about your assets, beneficiaries, executor, and healthcare preferences. Takes 20–40 minutes.
- Review your documents: Verify all names, beneficiary designations, and distributions before printing.
- Sign before two witnesses: Have two disinterested adults present when you sign. Both must sign in your presence within a reasonable time of witnessing.
- Execute the self-proving affidavit: All three parties (testator + 2 witnesses) sign before a notary. This is optional but strongly recommended for simplified Maine Probate Court filing.
- Store and communicate: Keep the original in a secure place and tell your executor its location. Review after any major life change.
Ready to Make Your Maine Will?
Trust & Will is our top pick for Maine — complete Maine-compliant documents, self-proving affidavit, and free lifetime updates.
Start Your Maine Will at Trust & Will →
Frequently Asked Questions
Is an online will legal in Maine?
Yes. Online wills are fully legal in Maine under 18-C M.R.S.A. § 2-502. Maine adopted the UPC in 2019. Must be in writing, signed by the testator (age 18+), and witnessed by two individuals who sign within a reasonable time. A self-proving affidavit is strongly recommended for simplified Probate Court filing.
Does Maine have a state estate tax?
Yes. Maine imposes a state estate tax under 36 M.R.S.A. § 4062 with a $6.8 million exemption per individual. Rates range from 8%–12% on the taxable portion. Maine does NOT allow portability — a surviving spouse cannot use the deceased spouse's unused exemption, making AB trust planning critical for married couples with larger estates.
What is the small estate threshold in Maine?
Under 18-C M.R.S.A. § 3-1201, estates with gross value under $40,000 can be collected by affidavit without probate, usable 30 days after death. Real property still requires formal Probate Court proceedings.
Are holographic wills valid in Maine?
Yes. Under 18-C M.R.S.A. § 2-502(b), a will is valid if signed by the testator and the material portions are in the testator's handwriting. No witnesses required. However, an online witnessed will with a self-proving affidavit is always the safer, more defensible choice.
How does Maine's estate tax affect planning?
Maine's $6.8M exemption and lack of portability means married couples with combined estates above $6.8M should use AB trust planning. Without it, the surviving spouse's estate may face Maine estate tax that could be avoided. Maine estate tax rates are 8%–12%, which can represent significant dollars on a $7–$10M estate.
Does Maine recognize remote online notarization?
Yes. Maine has enacted RON legislation. This is particularly useful for residents in remote areas or on Maine's coastal islands who have limited in-person notary access. You can complete the self-proving affidavit for your will using a remote notary service.
How does Maine probate work?
Maine adopted the UPC in 2019, offering efficient informal probate through the county Probate Court. Informal probate requires minimal court involvement and typically takes 6–12 months. Maine's UPC system is significantly more efficient than neighboring NH's traditional probate system.
How much does an online will cost in Maine?
Online will services for Maine residents range from $39/year to $199. Trust & Will at $199 (will) or $399 (trust) is our top recommendation. Maine estate planning attorneys typically charge $1,000–$2,500 for similar documents. Maine's state estate tax and no-portability rule make comprehensive planning — including trust planning for higher-value estates — more valuable here than in no-estate-tax states.