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:
- 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 - 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)
- 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 - 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.