Free Maine Affidavit of Death

In Maine, a transfer on death deed beneficiary records the “Notice of death affidavit”.

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Who may sign in Maine: A beneficiary who takes under the transfer on death deed; the statute names the beneficiary as the one who files and names no other affiant.

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The “Notice of death affidavit”: In Maine a transfer on death deed passes the property to the beneficiary at the owner's death, and title does not wait on any filing. A beneficiary may record a notarized notice of death affidavit at the county registry of deeds to confirm title. A transfer on death deed beneficiary records it with the county recording office, and the prepared document is laid out for recording.

Who may sign, in the statute's words: A beneficiary who takes under the transfer on death deed; the statute names the beneficiary as the one who files and names no other affiant. The affidavit is sworn before a notary public, who completes the jurat. Maine's recording law requires an acknowledgment on a recorded instrument, so the document carries the acknowledgment certificate beside the jurat.

It states: the name and address, if known, of each beneficiary taking under the transfer on death deed; the street address of the property; the date of the transfer on death deed; the book and page number at which the transfer on death deed was recorded before the transferor's death; the name of the deceased transferor; the date and place of death; the name and address to which all future tax bills are to be mailed.

Recording is not a condition of the transfer: title passed at the death under the instrument.

Maine law names no affidavit or certificate to record when a joint tenant dies. The deceased owner's interest passes to the surviving joint tenant, and Maine title practice accepts a recital of the survivorship in the survivor's next recorded deed.

The Affidavit of Death in Maine

Maine's instrument for a transfer on death deed owner's death is the “Notice of death affidavit”, recorded by a transfer on death deed beneficiary with the county recording office. What it does: In Maine a transfer on death deed passes the property to the beneficiary at the owner's death, and title does not wait on any filing. A beneficiary may record a notarized notice of death affidavit at the county registry of deeds to confirm title.

The affidavit is sworn before a notary public, who completes the jurat. Who may make it: A beneficiary who takes under the transfer on death deed; the statute names the beneficiary as the one who files and names no other affiant. Maine's recording law requires an acknowledgment on a recorded instrument, so the document carries the acknowledgment certificate beside the jurat.

What the statute has it state: the name and address, if known, of each beneficiary taking under the transfer on death deed; the street address of the property; the date of the transfer on death deed, and 4 more.

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record.

For a joint owner's death: Maine law names no affidavit or certificate to record when a joint tenant dies. The deceased owner's interest passes to the surviving joint tenant, and Maine title practice accepts a recital of the survivorship in the survivor's next recorded deed.

SimplyTrust Editorial·Updated October 26, 2026

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Data sourced from Maine statutes and official state code. How we research.

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The Affidavit of Death in Maine

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record.

Free Maine Affidavit of Death

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Is this your situation?

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Free Maine Affidavit of Death

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