What Type of Deed Should Heirs Sign to Convey Interests in Out-of-County Maine Property, and How Is It Recorded?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Disclaimer: This is not legal advice. This article provides general information under Maine law.

When heirs inherit real estate in Maine that lies in a different county (“another jurisdiction”), they must use a properly executed and recorded deed to convey their interests. Two common options include:

  • Quitclaim Deed: Conveys whatever interest the grantor owns without warranties. Heirs often use this when no formal probate occurs.
  • Personal Representative’s (Administrator’s) Deed: Used when the decedent’s estate is probated. Under 18-C M.R.S. § 3-803, a personal representative can execute a deed conveying estate property.

If the estate is not administered in probate court, all heirs can act together by signing a quitclaim or “heir’s deed,” which identifies each heir as a grantor.

Under Maine law (Title 33, M.R.S.A.), follow these steps:

  1. Execution and Acknowledgment
    The deed must be in writing and signed by all grantors. Each signature must be acknowledged before a notary public or other authorized official.
    33 M.R.S. § 841
  2. Contents
    Include:
    • Full legal description of the property
    • Names of all grantors (heirs) and grantees
    • Type of deed (e.g., Quitclaim or Administrator’s Deed)
  3. Recording
    Submit the original deed to the Register of Deeds in the county where the property is located. Recording gives public notice and preserves priority of title.
    33 M.R.S. § 851
  4. Recording Fees
    Fees vary by county and are typically charged per page. Contact the local Register of Deeds for current rates.

Helpful Hints

  • Obtain certified copies of the decedent’s death certificate before preparing any deed.
  • Consider opening a probate estate to simplify title transfer through an Administrator’s Deed.
  • Ensure every heir’s name matches public records and that all heirs sign if no personal representative is involved.
  • Use the exact legal description from the recorded deed to prevent boundary or indexing errors.
  • Check county-specific formatting (margins, font size) and indexing rules before recording.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.