Self-Prove a Maine Will

Can I Self-Prove a Maine Last Will and Testament?

Yes. Self-proving your last Will means having your attesting witnesses sign affidavits to swear that the execution requirements were complied with at the time the Will was signed. Whether you are writing up a new Will or wish to self-prove an already existing instrument, you can use the statutory affidavits found in the statutes:
ยง2-504. Self-proved will (a). Any will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where execution occurs and evidenced by the officer’s certificate in substantially the following form: I, ………………………, the testator, on this ………. day of ………., 20…., being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), as my free and voluntary act and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.

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Testator

We, ……………………………………., …………………………………………. the witnesses, being first duly sworn, do hereby declare to the undersigned authority that the testator has signed and executed this instrument as his last will and that he signed it willingly (or willingly directed another to sign for him), and that each of us, in the presence and hearing of the testator, signs this will as witness to the testator’s signing, and that to the best of our knowledge the testator is eighteen years of age or older, of sound mind and under no constraint or undue influence.

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Witness

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Witness

The State of Maine County of …………………………….. Subscribed, sworn to and acknowledged before me by ………….., the testator and subscribed and sworn to before me by ………….., and ………………., witnesses, this …….. day of ……….

(Signed) ………………………………………………….

(Seal)

 

………………………………………………………….

(Official capacity of officer)

(b). An attested will may at any time subsequent to its execution be made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where the acknowledgment occurs and evidenced by the officer’s certificate, attached or annexed to the will in substantially the following form: The State of Maine County of …………………………………. We, ……………………………….., ………………………………….., and ……………………………….., the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last will and that he had signed willingly (or willingly directed another to sign for him), as his free and voluntary act, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of his knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence.

………………………………………………………….

Testator

………………………………………………………….

Witness

………………………………………………………….

Witness

Subscribed, sworn to and acknowledged before me by ………………………, the testator, and subscribed and sworn to before me by ………………….., and …………………, witnesses, this ……… day of ……………..

(Signed) ………………………………………………….

(Official capacity of officer)

(Seal)

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