Maine Transfer-on-Death Deed

Maine's transfer-on-death deed is authorized under Title 18-C §6-405, letting a property owner transfer real estate for no consideration to one or more named beneficiaries, effective only at the owner's death. To be valid, the deed needs the same essential formalities as any properly recordable deed transferring property during life, must clearly state that the transfer takes effect at death, and — per §6-409 — has to be recorded before the owner dies, in the registry of deeds for the county where the property sits.

After the owner's death, §6-413 provides that the named beneficiary takes the property subject to whatever conveyances, encumbrances, assignments, contracts, mortgages, liens, or other interests were already attached to it at the moment of death. A beneficiary can record a notarized notice-of-death affidavit under §6-414, though doing so isn't a legal requirement for the title transfer itself to be effective.