Transfer on Death Deed Laws in Maine
Maine allows transfer on death deeds under its Uniform Real Property Transfer on Death Act, and the deed must be recorded in the county registry of deeds before the owner dies.
Last checked . General information, not legal advice.
Maine at a glance
- TOD deed allowed
- Yes
- Uniform act adopted
- Yes
- Maine Probate Code, Title 18-C, Article 6, Part 4.
- Recording rule
- Before the owner's death
- Must be recorded in the registry of deeds in the county where the property is located.
The rules in Maine
Does Maine allow transfer on death deeds for real estate?
Yes. TOD deed allowed in Maine: yes.
Has Maine adopted the Uniform Real Property Transfer on Death Act?
Yes. Uniform act adopted in Maine: yes. Maine Probate Code, Title 18-C, Article 6, Part 4.
When must a transfer on death deed be recorded in Maine?
Recording rule in Maine: Before the owner's death. Must be recorded in the registry of deeds in the county where the property is located.
Where do the Maine transfer on death deed laws come from?
The rules above come from Me. Rev. Stat. tit. 18-C, 6-401 and Me. Rev. Stat. tit. 18-C, 6-409. Each source is linked on this page. We last checked them in October 2026.
What this means in practice
Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.
A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.
Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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