For most Washington County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Washington County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Probate Court. The two tools that keep a Washington County home out of probate are a transfer-on-death deed recorded with the Registry of Deeds, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Washington County property passes through the Probate Court — even simple Maine probates run 4+ months and start with $40 in filing fees.
A transfer on death deed names a beneficiary who receives Washington County property automatically at the owner's death, without probate. It is recorded with the Registry of Deeds during the owner's lifetime and can be revoked at any time.
Before recording, a Maine transfer on death deed is signed with notary acknowledgment18-C M.R.S. 6-401 to 6-420Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's death18-C M.R.S. 6-401 to 6-420Verified Aug 24, 2026View source.
Deeds and other real property documents for Washington County are recorded with the Registry of Deeds, led by Register of Deeds Tammy C. Gay, at 85 Court Street, Machias, ME 04654. Phone: 207-255-6512. Hours: Monday-Friday, 8:00 AM - 4:00 PM; recording hours 8:00 AM - 3:45 PM.
Documents submitted by mail go to PO Box 297, Machias, ME 04654.
The Registry of Deeds charges $40 flat, regardless of page count. Recording a 2-page transfer on death deed in Washington County comes to $40. A transfer on death deed is exempt from transfer tax.
Washington County accepts electronic recording through Simplifile.
Recording Office Record
Washington County · Register of Deeds · Tammy C. Gay
Address
Phone
Fax
Hours
E-recording
Recording fees
| Flat fee (any length) | $40 |
| Transfer tax on a TOD deed | Exempt |
33 MRSA 751; 33 MRSA 752
Verified September 6, 2026 · Source
Solo PracticeMachias, ME
Jeffrey W. Davidson has been licensed since 2004 and practices in Machias, the county seat of Washington County, now under the Davidson & Matherne firm. Listed on the Washington County Probate Court's attorney list for probate matters, providing local estate planning and probate services.
PracticesEstate PlanningGeneral PracticeProbate Administration
FirmCalais, ME
Established in 1986, Fletcher & Mahar serves Washington County from Calais with a general civil practice including estate planning and probate. One of the few in-county options for residents of Washington County.
PracticesEstate PlanningGeneral PracticeProbate Administration
Solo PracticeHoulton, ME
Serves northern Maine from Houlton, representing clients in Aroostook, Washington, and Penobscot counties. Attorney David J. Edgar, practicing since 1976, handles wills, trusts, irrevocable trusts, guardianships, powers of attorney, estate and gift tax planning, and all probate matters, including contested estates before the Maine probate court.
PracticesEstate PlanningTax PlanningGuardianships ConservatorshipsPowers Of Attorneyand 2 more
FirmEllsworth, ME
Maine's oldest firm (established 1883), based in Ellsworth and serving Hancock, Penobscot, and Washington counties. Handles estate planning, probate, and probate litigation, including trust creation and administration, trustee services, wills, durable powers of attorney, and property transfers.
PracticesEstate PlanningProbate LitigationGuardianships ConservatorshipsPowers Of Attorneyand 2 more
FirmPortland, ME
A Portland-founded firm (1915) and one of northern New England's largest, with 100+ attorneys. Its Trusts & Estates group handles estate and trust administration, probate, business succession, charitable planning, and fiduciary representation for Maine families and executors.
PracticesEstate PlanningTrust AdministrationTax PlanningBusiness Successionand 2 more
FirmPortland, ME
A Portland firm representing Maine people and businesses since 1881. Its Estate Planning & Elder Law team prepares wills, powers of attorney, health care directives, living trusts, and special needs trusts, and handles probate, estate and trust administration, and estate disputes throughout Maine.
PracticesEstate PlanningTrust AdministrationElder LawSpecial Needs Planningand 2 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Maine statutes and official state code. How we research.
Estate planning articles for Maine.
Forms and tools for property owners in Washington County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for Maine.
