Transfer-on-Death Deed Requirements in Maine
At a glance
| Governing law | Uniform Real Property Transfer on Death Act, 18-C M.R.S. §§ 6-401 to 6-421 |
|---|---|
| TOD deed available? | Yes — an individual may transfer Maine real property for no consideration to one or more beneficiaries through a revocable TOD deed (18-C M.R.S. §§ 6-402, 6-405 to 6-407) |
| How to sign it | Individual transferor signs with will-making capacity and acknowledges before a notary or other authorized officer; no witnesses required (18-C M.R.S. §§ 6-408, 6-409; 33 M.R.S. § 775) |
| Recording requirement | Record before death in the county registry where the property is located, and in each county if it crosses county lines; no fixed signing-to-recording deadline (18-C M.R.S. §§ 6-409(3), 6-417) |
| Revoking it | Always revocable. Record before death a later-acknowledged inconsistent TOD deed, express revocation, or inter vivos deed expressly revoking; physical cancellation and a will do not work; all living joint owners must revoke their joint deed (18-C M.R.S. § 6-411) |
| Eligible property & owner | An individual may transfer an interest in Maine real property that is transferable at death. A joint owner's deed yields to surviving joint owners and works only for the last survivor (18-C M.R.S. §§ 6-402(3), (5), (7), 6-405, 6-413(3)) |
| Beneficiary survival & effect | Beneficiary must survive or the interest lapses. Multiple beneficiaries take equal undivided shares without survivorship; a lapsed share goes proportionately to the others. Beneficiary takes subject to liens and without title warranty (18-C M.R.S. § 6-413) |
| Creditor & Medicaid reach | Not shielded. During life the deed does not affect creditors. After death the beneficiary is liable, up to value received, for allowed probate claims and spouse/child allowances when the probate estate is insufficient; written demand is required and the usual deadline is one year after death. An allowed MaineCare estate-recovery claim can use this nonprobate-transferee liability (18-C M.R.S. §§ 6-102, 6-412(3), 6-416) |
Maine's Uniform Real Property Transfer on Death Act, 18-C M.R.S. §§ 6-401 to 6-421, lets an individual transfer Maine real property at death while keeping full ownership and control during life.
Signing and recording
The owner needs will-making capacity and signs a deed with the elements of a recordable lifetime deed. Maine's statutory form directs the owner to acknowledge the deed before a notary public or other authorized officer. The Act adds no witness requirement.
The deed must state that the transfer occurs at death and must be recorded before death in the county registry where the property lies. Property spanning counties should be recorded in each county. Maine sets no separate deadline measured from signing.
Revoking it
Under 18-C M.R.S. § 6-411, the owner may record a later inconsistent TOD deed, an express revocation instrument, or an inter vivos deed that expressly revokes. The later instrument must be acknowledged after the original and recorded before death. Physical destruction and a will do not work. All living joint owners must revoke a deed they made jointly.
Beneficiaries and co-owners
Under 18-C M.R.S. § 6-413, the beneficiary must survive the transferor or the interest lapses. Multiple beneficiaries take equal undivided shares without survivorship, and a failed share passes proportionately to the survivors. A surviving joint owner's right of survivorship comes before the TOD deed.
The beneficiary takes subject to mortgages, liens, contracts, encumbrances, and other interests affecting the property at death, without title warranty.
Creditor and MaineCare reach
During life, § 6-412 preserves all creditor rights and gives the beneficiary no present interest. After death, §§ 6-416 and 6-102 make the beneficiary liable when the probate estate is insufficient to pay allowed claims or spouse and child allowances, capped at the value received. A creditor must demand the proceeding, and the usual filing deadline is one year after death.
That rule can include an allowed MaineCare recovery claim. A Maine TOD deed avoids probate transfer mechanics, but it does not remove the property from the Probate Code's express nonprobate-transferee liability.
What trips people up
- Acknowledgment without recording is not enough. The deed must be recorded before death.
- Every county matters. Cross-county property should be recorded in each registry.
- A will cannot revoke the deed. Use a recorded instrument under § 6-411.
- Probate avoidance is not creditor avoidance. Section 6-102 can require contribution.
Statutes and sources
- 18-C M.R.S. §§ 6-401 to 6-421 — https://legislature.maine.gov/statutes/18-c/title18-Cch6sec0.html (accessed 2026-07-11)
- 18-C M.R.S. § 6-102 — https://legislature.maine.gov/statutes/18-C/title18-Csec6-102.html (accessed 2026-07-11)
- 33 M.R.S. § 775 — https://legislature.maine.gov/statutes/33/title33sec775.html (accessed 2026-07-11)
Source links
Every statute quoted above, linked, with the date we checked it.
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