Maine Transfer on Death Deed

Introduction

Key Things to Know

1. 1

   In Maine a transfer on death deed is a deed you record while alive that names a beneficiary to receive your real property automatically at your death, without probate, under the Maine Uniform Real Property Transfer on Death Act (18-C M.R.S. 6-401 and following).

2. 2

   During your life the deed has no effect on your ownership. You keep full control and can sell, mortgage, or revoke it, and it does not affect your creditors or the beneficiary creditors (18-C M.R.S. 6-412).

3. 3

   To be valid the deed must contain the essential elements and formalities of a properly recordable inter vivos deed, which means your signature is acknowledged before a notary. Maine does not require witnesses (18-C M.R.S. 6-409).

4. 4

   The deed must state that the transfer occurs at your death and must be recorded before your death in the registry of deeds in the county where the property is located (18-C M.R.S. 6-409).

5. 5

   Maine sets no fixed number of days to record, but an unrecorded deed is void at death. Record promptly after signing so the deed is effective.

6. 6

   You can revoke the deed only by a recorded instrument, such as a later transfer on death deed, an instrument of revocation, or an inter vivos deed. You cannot revoke it by an act on the deed or by your will (18-C M.R.S. 6-411).

7. 7

   At your death the beneficiary takes the property subject to the mortgages, liens, and other interests to which it is subject, and should record a notarized notice of death affidavit in the registry of deeds (18-C M.R.S. 6-413, 6-414).

Maine Requirements for Transfer on Death Deed

• Use a Maine Transfer on Death Deed

  Maine authorizes a transfer on death deed under the Maine Uniform Real Property Transfer on Death Act, 18-C M.R.S. Article 6, Part 4. An individual may transfer property for no consideration effective at the transferor death, without probate (18-C M.R.S. 6-405).

• Legal Description and Parcel Identifier

  The full legal description of the property from the current recorded deed, plus the street address and the map and lot or parcel identifier. A street address alone is not enough to record the deed in the registry of deeds.

• Name the Beneficiary and an Alternate

  The full legal name of the beneficiary who will receive the property at the transferor death, and an alternate if the first does not survive the transferor. Naming a backup keeps the property out of probate if the first beneficiary dies first.

• Meet the Formalities of a Recordable Deed

  The deed must contain the essential elements and formalities of a properly recordable inter vivos deed, which means the transferor signature is acknowledged before a notary. Maine does not require witnesses (18-C M.R.S. 6-409).

• State That Transfer Occurs at Death

  The deed must state that the transfer to the designated beneficiary is to occur at the transferor death (18-C M.R.S. 6-409). This is what distinguishes a transfer on death deed from an ordinary deed that transfers ownership now.

• Record in the Registry of Deeds Before Death

  The deed must be recorded before the transferor death in the registry of deeds in the county where the property is located. An unrecorded deed is void at death, so record promptly after signing (18-C M.R.S. 6-409).

• Revoke Only by a Recorded Instrument

  The deed may be revoked only by a recorded instrument, such as a later transfer on death deed, an instrument of revocation, or an inter vivos deed. It cannot be revoked by an act on the deed or by a will (18-C M.R.S. 6-411).

• Property Passes Subject to Existing Debts

  At the transferor death the beneficiary takes the property subject to the mortgages, liens, and other interests to which it is subject (18-C M.R.S. 6-413). The beneficiary should record a notarized notice of death affidavit to confirm title (18-C M.R.S. 6-414).