Maine transfer-on-death deed
A transfer-on-death deed lets you name who inherits your Maine property without probate, while you keep full ownership and the right to change your mind. Here is exactly what Maine requires, what it costs, and where to file it.
- Recording office
- Register of Deeds
- Witnesses
- Notary only
- Transfer tax
- $2.20 per $500 of value
- First-page margin
- 3″ top
- Recording fee
- ~$22 first page
- E-recording
- Generally available
What a transfer-on-death deed does in Maine
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado, Missouri and New Mexico) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate on proof of death.
In Maine the governing statute is 18-C M.R.S. § 6-401 et seq. Maine adopted the Uniform Real Property Transfer on Death Act as part of its Probate Code recodification.
When Maine property owners use a transfer-on-death deed
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
What Maine requires on the deed
These are the execution and formatting rules registers of deeds enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Maine says |
|---|---|
| Recording office | Register of Deeds |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
| Accompanying form | Real Estate Transfer Tax Declaration (RETTD), filed electronically |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
How to complete and record it in Maine
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Register of Deeds can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with Maine's statutory language, the correct notary block, and the 3-inch first-page margin registers of deeds expect.
- Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
- Complete Real Estate Transfer Tax Declaration (RETTD), filed electronicallyMaine requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the Register of DeedsFile in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Tell your beneficiaries where it isAfter your death they will need the recorded document plus a certified death certificate, and in most states an affidavit of death, to complete the transfer.
What it costs in Maine
| Cost | Typical amount |
|---|---|
| Recording fee | About $22 for the first page |
| Transfer tax | Real estate transfer tax: $2.20 per $500 of value, split equally between grantor and grantee ($1.10 each) |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $69, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
Maine charges a real estate transfer tax of $2.20 per $500 of value, split equally between grantor and grantee ($1.10 each). It is customarily paid by the negotiated.
Exemptions that commonly apply to a transfer like this: deeds between spouses, parent and child, or grandparent and grandchild, gifts with no consideration, and deeds correcting a prior deed. You have to claim the exemption. The recorder won't apply it for you.
Where to record it in Maine
Maine deeds are recorded with the Register of Deeds in the county where the property sits, not where you live. There are 16 counties in Maine.
Most Maine recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in Maine: Cumberland, York, Penobscot, Kennebec, Androscoggin, Oxford. See all Maine recording offices.
What a transfer-on-death deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only about thirty states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If the beneficiary dies before you and you name no alternate, the deed usually fails and the property goes through probate anyway.
Quirks of Maine law that catch people out
- Maine's transfer tax is split evenly between buyer and seller, $1.10 per $500 each, which is unusual.
- The Real Estate Transfer Tax Declaration is filed electronically and the receipt goes to the register with the deed.
- Maine recognizes transfer-on-death deeds under its Probate Code (18-C M.R.S. § 6-401).
- Family transfers between spouses, parents and children, and grandparents and grandchildren are exempt from Maine's transfer tax.
$69, one time. Your finished deed appears in full before you pay, with Maine's witness rules, margins, and recording instructions already applied.
Common questions
No. Maine has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the Register of Deeds. Deedly produces all of that for $69, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $22 for the first page. Maine also charges real estate transfer tax of $2.20 per $500 of value, split equally between grantor and grantee ($1.10 each), though gifts and family transfers are often exempt. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
No. Maine requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the Register of Deeds in the county where the property is located, not where you live, and not where the buyer lives. Maine has 16 counties. Most offices also accept e-recording through a submitting service.
Yes. Transfer-on-death deeds are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
Yes, for this property. On death the property passes directly to the people you named, outside probate, once they record proof of death with the Register of Deeds. It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
Keep reading
- Maine quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Maine general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Maine special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Maine life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for MaineRecording offices, transfer tax, witness rules, and fees.
- Maine recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.