Maine Transfer on Death Deed

A Maine transfer on death deed lets you name who inherits your real estate, and the property passes to that person at your death without going through probate. You keep full ownership while you live, you can cancel the deed whenever you want, and the deed does nothing unless you record it with the county Registry of Deeds before you die. Maine authorizes this deed in the Uniform Real Property Transfer on Death Act, 18-C M.R.S. §§6-401 to 6-417, in force since 2019.

People call this document a TOD deed, a beneficiary deed, or a transfer on death deed. Every name points to the same Maine deed. Under the old Title 18-A there was no statutory version, so older guides that say Maine has no such deed are out of date. Use this page as a planning map, not as a signing kit. When a blended family, a mortgage, or a likely dispute is in play, confirm your plan with a licensed Maine attorney before you sign.

This guide covers one tool. For the full menu of ways to keep property out of court, read how to avoid probate in Maine. For the alternative that handles every asset at once, compare a Maine revocable living trust. And if property still has to move through court, start with the Maine probate guide.

What a Maine Transfer on Death Deed Does

A transfer on death deed names the person, people, or trust that will receive your real property when you die. While you are alive, the deed changes nothing. You still hold title, and you can sell, mortgage, or re-deed the property without asking the person you named. At your death, title passes to your beneficiary by the terms of the deed, outside probate.

18-C M.R.S. §6-405 states the rule plainly: an individual may transfer property for no consideration to one or more beneficiaries, effective at the transferor's death, by a transfer on death deed. No money has to change hands, and you do not have to hand the deed to the beneficiary for it to work.

Feature	How it works in Maine
What it transfers	Real property such as a house, land, or a condo
When it takes effect	At the owner's death, never before
Probate	The parcel passes outside probate
Owner's control during life	Full: sell, mortgage, or revoke at will
Where it records	The Registry of Deeds in the county where the property sits
Revocable	Yes, at any time before death
Governing law	Uniform Real Property Transfer on Death Act, 18-C M.R.S. §§6-401 to 6-417

You Keep Full Control While You Are Alive

Recording the deed hands nothing to your beneficiary during your life. Under 18-C M.R.S. §6-412, a transfer on death deed does not create any legal or equitable interest for the beneficiary, and it does not expose the property to the beneficiary's creditors. You can sell the home, refinance it, or cancel the deed without the beneficiary's signature or permission. Many owners never tell the beneficiary the deed exists.

Because the beneficiary gets nothing until you die, the deed also does not tie your hands. You are free to change your mind and name someone else, or to drop the plan and sell the house.

What the Deed Requires

18-C M.R.S. §6-409 sets three requirements, and all three have to be met.

Standard deed form. The document must contain the elements and formalities of a deed you could record during your life, such as the grantor, the legal description of the property, and a notarized signature.
Death-transfer language. The deed must state that the transfer to the beneficiary happens at your death.
Recording before death. You must record the deed in the Registry of Deeds in the county where the property is located, before you die.

That last rule is the one that catches families. A signed deed left in a drawer transfers nothing. If the deed is not on record at the county Registry of Deeds when the owner dies, the property passes through the will or through Maine intestate succession, and it lands in probate. The Registry of Deeds is the county land-records office, and it is a separate office from the Register of Probate that handles estates.

Two more rules shape who can sign. Under 18-C M.R.S. §6-408, the capacity to make or revoke the deed is the same as the capacity to make a will. And under 18-C M.R.S. §6-406, the deed stays revocable even if the deed itself claims it cannot be revoked.

How to Record a Transfer on Death Deed in Maine

Here are the steps from start to finish.

Pull your current deed. Get the exact legal description of the property as it reads on your recorded deed, not just the street address.
Choose your beneficiaries. Pick who receives the property, and name an alternate in case your first choice dies before you.
Draft the deed. Maine publishes an optional statutory form at 18-C M.R.S. §6-417. Using the state form keeps the wording inside the statute. A Maine attorney can also prepare one.
Sign before a notary. Sign the deed and have your signature acknowledged by a notary, the same way you would sign any recordable deed.
Record at the Registry of Deeds. Take the deed to the Registry of Deeds in the county where the property sits and pay the recording fee. The deed must be on record before you die.
Store copies. Keep a copy with your papers and tell the person who settles your estate where the deed is recorded.

After you die, your beneficiary can record a notice of death affidavit under 18-C M.R.S. §6-414 to clear title. That filing is optional and does not change the transfer, but it puts the new ownership on the public record and routes the tax bill to the beneficiary.

Naming Beneficiaries and What Happens at Death

You can name one beneficiary, several, or a trust. What happens at your death follows 18-C M.R.S. §6-413:

The beneficiary takes the property subject to every mortgage, lien, and other interest on the property at your death. A transfer on death deed does not wipe out a mortgage.
Two or more beneficiaries take equal, undivided shares as tenants in common, with no right of survivorship, unless the deed says otherwise.
If one of several beneficiaries dies before you, that share passes to the surviving beneficiaries in proportion to their interests.
If your only beneficiary dies before you and you named no alternate, the gift lapses, and the property goes back into your estate.

Name an alternate beneficiary so a lapse does not send the house to probate. Review the deed after a marriage, a divorce, a birth, or a death in the family.

How to Change or Revoke the Deed

You can change or cancel the deed any time before death, but Maine is strict about how. 18-C M.R.S. §6-411 allows revocation only by a recorded instrument, and it lists three ways:

Record a new transfer on death deed that revokes the old one or names a different beneficiary.
Record a separate revocation form that expressly cancels the deed.
Record a regular deed that transfers the property during your life, which ends the beneficiary designation.

Two rules trip people up. First, the revocation has to be acknowledged before a notary and recorded in the same county Registry of Deeds before you die. Tearing up your copy does nothing once the original is on record. Second, a will cannot revoke a recorded transfer on death deed. The deed controls, no matter what the will says. If a married couple own the property together and recorded a joint deed, it is revoked only when every living owner signs the revocation.

Caveats Most Guides Skip

A transfer on death deed keeps a parcel out of probate, but it does not solve every problem people expect it to. Three points matter in Maine.

The property still counts in your Maine taxable estate

The deed avoids probate, not tax. Because you owned the real estate at your death, it stays in your Maine taxable estate. Maine runs its own estate tax on a Form 706ME return, and the Maine exclusion ($7,160,000 for 2026 deaths) sits far below the federal exclusion, so a Maine estate can owe state estate tax while owing nothing to the IRS.

The property answers for creditor claims and family allowances

18-C M.R.S. §6-416 makes the beneficiary liable for allowed claims against the estate and for the statutory allowances owed to a surviving spouse and children, to the extent the probate estate cannot cover them. So the deed does not put the house beyond the reach of the decedent's debts when the rest of the estate runs short.

MaineCare estate recovery can reach the property

Maine uses an expanded estate-recovery definition under 22 M.R.S. §14, and it reaches many non-probate assets. Real estate the owner held in joint tenancy with right of survivorship is carved out, but a transfer on death deed is not joint tenancy. So property that passes by a TOD deed can be within MaineCare's reach if the owner received long-term-care benefits at age 55 or older. If MaineCare paid for the owner's care, talk with a Maine elder-law attorney before you rely on the deed.

TOD Deed vs. Living Trust vs. Joint Tenancy

Maine gives you more than one way to move real estate outside probate. Here is how the three common tools compare.

Tool	Cost	Avoids probate	Control during life	Downside to watch
Transfer on death deed	Low: drafting plus recording	Yes, for that parcel	Full; revocable any time	One parcel per deed; still in the taxable estate
Joint tenancy deed	Low to moderate	Yes	Shared; the co-owner has rights now	The co-owner's creditors and divorce can reach the share
Revocable living trust	Higher; usually attorney-drafted	Yes, for every asset placed in it	Full, as trustee	Costs more to set up and fund

A transfer on death deed is the low-cost pick for a single property. A Maine revocable living trust fits owners with several parcels or a plan that has to coordinate many assets at once. Joint tenancy hands a co-owner rights today, which is why it can backfire. If a beneficiary later wants to sell the home, our guide on selling inherited property in Maine walks through title and tax.

Common Mistakes

Never recording the deed. An unrecorded deed is void at death. Record it at the Registry of Deeds while you are alive.
Using a street address instead of the legal description. Copy the legal description from your current deed.
Naming no alternate beneficiary. If your only beneficiary dies first, the gift lapses and the property goes to probate.
Assuming one deed covers everything. Each parcel needs its own deed, and a parcel in another county records in that county.
Thinking the deed erases the mortgage. Your beneficiary takes the property with the loan still on it.
Trusting a will to change the deed. Only a recorded revocation or a new recorded deed changes it.
Believing the deed shields the property from Maine estate tax, creditors, or MaineCare. It does not.

Frequently Asked Questions

Does a Maine transfer on death deed avoid probate?

Yes, for the property it covers. When you record the deed before death, that parcel passes straight to your beneficiary and skips probate. The rest of your estate still follows your will or Maine intestate succession.

Can a will override a recorded transfer on death deed in Maine?

No. Under 18-C M.R.S. §6-411, only a recorded revocation, a new recorded transfer on death deed, or a lifetime transfer of the property changes the deed. A will does not revoke it, and the deed controls who gets the property.

Do both spouses have to sign if we own the home together?

Yes. When co-owners record a joint transfer on death deed, it is revoked only when every living owner signs and records the revocation. Both owners should sign the deed so it covers the whole property.

What happens if my beneficiary dies before me?

If you named an alternate, the property goes to the alternate. If you did not, the gift lapses under 18-C M.R.S. §6-413 and the property returns to your estate, which usually means probate. Naming an alternate avoids that.

Does the property still count for Maine estate tax?

Yes. Because you owned the real estate at death, it stays in your Maine taxable estate. Maine's estate tax exclusion ($7,160,000 for 2026 deaths) is well below the federal amount, so a Maine estate can owe state tax even when it owes nothing to the IRS.

Can MaineCare recover from property that passes by a transfer on death deed?

It can. Maine's expanded estate recovery under 22 M.R.S. §14 reaches many non-probate assets. Joint-tenancy real estate is carved out, but a transfer on death deed is not joint tenancy, so the property can answer for MaineCare benefits paid for the owner's care at age 55 or older.

Where This Fits in Your Plan

A transfer on death deed is one line in a broader Maine estate plan. Many owners pair it with a will, a durable power of attorney, and an advance health care directive, and they weigh it against a funded trust. Match the tool to the property and the family, then confirm the wording and recording steps with the Registry of Deeds and a licensed Maine attorney before you sign.

This guide is general information about the Maine transfer on death deed. Recording rules and form details can vary by county, so confirm them with the Registry of Deeds where the property sits, and confirm anything that affects your own estate with a licensed Maine attorney before you sign or record a deed.

Sources:

Title: 18-C M.R.S. §6-405, Transfer on death deed authorized. Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/18-C/title18-Csec6-405.html
Title: 18-C M.R.S. §6-406, Transfer on death deed revocable. Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/18-C/title18-Csec6-406.html
Title: 18-C M.R.S. §6-408, Capacity of transferor; undue influence. Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/18-C/title18-Csec6-408.html
Title: 18-C M.R.S. §6-409, Requirements. Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/18-C/title18-Csec6-409.html
Title: 18-C M.R.S. §6-411, Revocation by instrument authorized; revocation by act not permitted. Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/18-C/title18-Csec6-411.html
Title: 18-C M.R.S. §6-412, Effect of transfer on death deed during transferor's life. Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/18-C/title18-Csec6-412.html
Title: 18-C M.R.S. §6-413, Effect of transfer on death deed at transferor's death. Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/18-C/title18-Csec6-413.html
Title: 18-C M.R.S. §6-416, Liability for creditor claims and statutory allowances. Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/18-C/title18-Csec6-416.html
Title: 18-C M.R.S. §6-417, Optional form of transfer on death deed. Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/18-C/title18-Csec6-417.html
Title: 22 M.R.S. §14, MaineCare estate recovery. Publisher: Maine Legislature. Publication Date: Not listed. URL: https://legislature.maine.gov/statutes/22/title22sec14.html
Title: Maine Estate Tax (Form 706ME). Publisher: Maine Revenue Services. Publication Date: Not listed. URL: https://www.maine.gov/revenue/taxes/income-estate-tax/estate-tax-706me

It is not legal advice.