Quitclaim Deeds and Transferring Property in Maine
How to sign and record a quitclaim or other deed in Maine, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: 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. 33 M.R.S. §§ 201, 203; 36 M.R.S. §§ 4641-A, 4641-B, 4641-D
| 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 |
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| 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). |
Free Maine quitclaim deed template — fill in and print
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FAQ
What does a quitclaim deed need to be valid in Maine?
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.
Does Maine allow transfer-on-death deeds?
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.
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.