How to re-record or update a joint survivorship deed after co-owners died (Maine)

Short answer: In Maine you usually need certified death certificates, proof of how the property was titled, and either a recorded affidavit of survivorship or a new deed (or probate proceedings if there is no right of survivorship). Most of the work is done at the county Registry of Deeds and, if necessary, the Probate Court. This is general information, not legal advice.

Detailed answer — step‑by‑step under Maine law

Below are common pathways you may follow depending on how the deed was originally written and whether one or more co‑owners survived. Always start by getting certified copies of the death certificate(s) and a complete copy of the recorded deed.

1. Confirm how title is held

Check the recorded deed to see the form of ownership. Common possibilities include:

• Joint tenancy with right of survivorship — when one owner dies the estate typically passes automatically to the surviving joint tenant(s).
• Tenancy in common — each owner has a separate share that passes by will or intestacy, not automatically to co‑owners.
• Tenancy by the entirety — spouses may hold property so that the surviving spouse becomes sole owner on death.

If the deed language expressly creates a right of survivorship or tenancy by the entirety, the surviving owner(s) usually become full owners automatically and can update the land records to show current ownership.

2. Get certified death certificates

Obtain certified (original) death certificates for the deceased co‑owner(s). Counties and the Registry of Deeds will typically require certified copies when recording matters that depend on death.

3. Contact the county Registry of Deeds

Each Maine county has its own Registry of Deeds office and local practice. Ask the registry what they accept to update title records when a joint owner dies. Many registries will accept:

• A certified death certificate
• An affidavit of survivorship signed and notarized by the surviving joint tenant(s) that references the recorded deed and the death of the co‑owner(s)
• A new deed (for example, a quitclaim or warranty deed) executed by the surviving owner(s) to themselves or to other parties

Because procedures and forms vary by county, call the registry first and follow their instructions on required attachments and fees.

4. If there is a surviving joint tenant

Typical path when survivorship applies:

1. Record the certified death certificate(s) in the county where the property is recorded.
2. Record an affidavit of survivorship (or an owner’s affidavit) that identifies the recorded deed, names the deceased owner(s), and states that the survivor is now the sole owner.
3. If preferred, have the surviving owner execute and record a new deed (for clarity or to change vesting).

Recording those documents places a public record reflecting current ownership. The Maine Revised Statutes govern conveyances and property rights; for general reference see Maine Revised Statutes, Title 33 (Property): https://legislature.maine.gov/statutes/33/.

5. If there is no survivorship right (or the interest is part of the deceased owner’s estate)

If title is tenancy in common or the deceased owner’s share passed by will or intestacy, you generally must go through probate or other estate procedures before changing the deed. Common approaches:

• If there is a valid will: the executor named in the will must follow probate procedures to transfer the decedent’s interest. See Maine probate resources: https://www.courts.maine.gov/selfhelp/probate/.
• If intestate (no will): an administrator appointed by the Probate Court must handle the estate and transfer real property as the court directs.
• For small estates, Maine has summary procedures in probate that may allow a quicker transfer without full administration; check with the Probate Court or an attorney about eligibility.

6. Preparing and recording a new deed

When a new deed is needed (for example, the survivor wants to change vesting), steps typically include:

1. Prepare the deed (quitclaim or warranty) that clearly identifies the property and the new owner(s).
2. Have the deed signed and notarized by whoever is conveying the property (surviving owner, personal representative, or executor as appropriate).
3. Record the deed at the county Registry of Deeds and pay any recording fee and applicable documentary stamps or excise taxes.

7. After recording — follow‑up tasks

• Notify the mortgage lender if there is an outstanding mortgage.
• Update the property tax records with the local assessor.
• If you have title insurance, notify the title company to make sure coverage reflects the proper owner.

8. When to consult an attorney

Consult an attorney if any of these apply:

• Title is unclear or deed language is ambiguous.
• Multiple heirs claim ownership or there’s a dispute among survivors.
• Probate will be required (complex estates, creditors, or litigation).
• There are tax consequences, outstanding mortgage issues, or lien problems.

For probate forms and guidance, see Maine Probate Court resources: https://www.courts.maine.gov/selfhelp/probate/. For Maine property statutes see Title 33: https://legislature.maine.gov/statutes/33/ and probate laws at Title 18‑A: https://legislature.maine.gov/statutes/18-A/.

Helpful Hints

• Start by ordering certified death certificates—registries will typically require these.
• Get a certified copy of the current recorded deed from the county Registry of Deeds before doing anything else.
• Call the county Registry of Deeds and ask what they accept to update title after death; policies and forms vary by county.
• If a single survivor holds title by survivorship, an affidavit of survivorship plus the death certificate is often the quickest way to update records.
• If you must probate, the Probate Court website has plain‑language guides and forms to get started: https://www.courts.maine.gov/selfhelp/probate/.
• Keep copies of everything you record; get stamped, recorded copies of any affidavits or deeds you file.
• Tell the mortgage lender and local tax assessor about the change in ownership once the record is updated.
• When in doubt, consult a Maine attorney experienced in real estate or probate to avoid costly mistakes.

Disclaimer: This article explains common procedures under Maine law for informational purposes only. This is not legal advice. For advice specific to your situation, consult a licensed Maine attorney.