Probate and Recording Deeds in Cumberland County (Portland), Maine
Where to file a will or open probate, and where to record a deed, in Cumberland County (Portland) — with the state rules that apply.
Probate court
Cumberland County Probate Court (Registry of Probate)
Address: Registry of Probate, 142 Federal St. Ste. 125, Portland, ME 04101
Phone: 207-871-8382
Recording deeds
Cumberland County Registry of Deeds
Recording fee: Flat rate per document regardless of page count: $40 ($35 + $5 surcharge) for all submitters other than State Government and Municipal ($25); plan recordings $50 Fee schedule
Maine rules that apply
| Small estate affidavit | Personal property can be collected by affidavit if the entire estate, less liens and encumbrances, is no more than $40,000 adjusted for inflation ($52,500 for deaths in 2026), at least 30 days have passed since death, and no personal representative has been applied for or appointed. The person entitled presents the affidavit to whoever holds the property (banks, transfer agents for securities). This procedure covers personal property only, not real estate. Amended by P.L. 2025, ch. 76, which also requires the probate courts to post the adjusted figure each year. 2026 figure ($52,500; $51,100 for 2025 deaths) from the probate courts' cost-of-living table: https://www.maineprobate.net/Forms2019/Cost%20of%20living%20calculations%20under%20Section%201-108%20(2020%20-%202026).pdf Source: 18-C M.R.S. § 3-1201 |
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| Probate steps | File an application for informal probate and appointment with the register of probate (or a petition for formal proceedings). Once appointed, the personal representative publishes a notice to creditors, files or mails an inventory within 3 months, pays valid claims and taxes, and distributes the estate. The estate may be closed by a sworn closing statement filed no earlier than 6 months after appointment, after the creditor claim period has ended. Inventory: https://legislature.maine.gov/statutes/18-C/title18-Csec3-706.html; closing: https://legislature.maine.gov/statutes/18-C/title18-Csec3-1003.html |
| Signing and recording a deed | A deed must be acknowledged (notarized) by the grantor before a notary public, a Maine attorney, or another authorized officer before it can be recorded. It must be recorded in the registry of deeds for the county where the land lies to be effective against third parties. Most deeds must be accompanied by a declaration of value, and a real estate transfer tax of $2.20 per $500 of value is charged (split equally between grantor and grantee), with an extra $3.80 per $500 on value over $1,000,000. Recording: https://legislature.maine.gov/statutes/33/title33sec201.html; tax: https://legislature.maine.gov/statutes/36/title36sec4641-A.html; declaration of value: https://legislature.maine.gov/statutes/36/title36sec4641-D.html |
| Transfer-on-death deed | Yes. Maine has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must have the elements and formalities of a recordable deed, state that the transfer happens at the owner's death, and be recorded before the owner's death in the registry of deeds for the county where the property is located. The owner needs the same mental capacity as for a will, and the deed can always be revoked. Revocability: https://legislature.maine.gov/statutes/18-C/title18-Csec6-406.html; capacity: https://legislature.maine.gov/statutes/18-C/title18-Csec6-408.html. A transfer on death deed is exempt from the real estate transfer tax declaration of value requirement (36 M.R.S. § 4641-D). |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.