Estate Planning for Washington County, Maine Property Owners

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 $50 in filing fees.

Record a Transfer-on-Death Deed in Washington County

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 Oct 18, 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 Oct 18, 2026View source.

Where to Record Property Documents

Deeds and other real property documents for Washington County are recorded with the Registry of Deeds at 85 Court Street, Machias, ME 04654. Phone: 1-207-255-6512. Hours: Monday-Friday 8:00 AM-4:00 PM.

Documents submitted by mail go to P.O. 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

Registry of Deeds

Washington County

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

85 Court Street, Machias, ME 04654

E-recording

available via Simplifile

Mail

P.O. Box 297 Machias, ME 04654

Fax

1-207-255-3838

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Washington County

Davidson Law Office, LLC

86 Court Street, Machias, ME 04654

Serves Washington County from an office on Court Street in Machias, the county seat. Jeffrey W. Davidson has been admitted to the Maine bar since 2004.

Solo PracticeServes 1 countyEstate PlanningProbateGeneral Practice

Serves Washington County from Calais. Dennis L. Mahar, admitted to the Maine bar in 1986, is the firm's active attorney.

Solo PracticeServes 1 countyEstate PlanningProbateGeneral Practice

Serves Hancock, Penobscot and Washington counties from Main Street in Ellsworth. Attorneys Melissa Hale and Sally Mills handle probate, trustee services, guardianships and conservatorships, and Sally Mills and Zachary McNally take on probate litigation. Established in 1883, the firm describes itself as Maine's oldest law firm.

Since 1883Serves 3 countiesEstate PlanningTrust AdministrationProbateProbate LitigationElder Law+2

Serves clients throughout Maine from One Monument Way in Portland. Its Estate Planning & Elder Law attorneys guide personal representatives through probate administration, handle trust administration, and represent heirs and beneficiaries in will contests and disputes over the distribution of estate property. The firm has represented Maine people and businesses since 1881.

Since 1881Serves the whole stateEstate PlanningTrust AdministrationProbateProbate LitigationElder LawSpecial Needs Planning

Serves clients in probate courts throughout Maine from Marginal Way in Portland. Its estate planning and administration team represents personal representatives, trustees, and beneficiaries in administering estates and trusts, handles guardianships and conservatorships, and with the firm's trial group represents clients in contested probate, will, and trust matters. Founded in 1965.

Since 1965Serves the whole stateEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+3

Serves clients throughout Maine from Waterville. Assists personal representatives with probate administration, including the inventory, accounting and distribution of estate assets, works with trustees to administer trusts, and handles guardianships, conservatorships and MaineCare long-term care applications. The firm is a member of the National Academy of Elder Law Attorneys (NAELA).

Serves the whole stateEstate PlanningTrust AdministrationProbateElder LawConservatorship+4

See all 22 firms serving Washington County →

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.

Legal Sources

(2)·

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

Forms for Planning Your Estate in Maine

Free forms for planning your estate in Maine: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Maine.

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Last Will and Testament

In Maine, a will is signed before 218-C M.R.S. § 2-502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimony18-C M.R.S. § 2-502Verified Oct 18, 2026View source.

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Codicil to a Will

In Maine, a codicil is signed before 218-C M.R.S. § 2-502Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimony18-C M.R.S. § 2-503Verified Oct 25, 2026View source.

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Healthcare Power of Attorney

Maine requires 218-C M.R.S. § 5-805Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not required18-C M.R.S. § 5-805Verified Oct 15, 2026View source.

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HIPAA Release

In Maine, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information and mental health records5 MRS § 19203(1)-(2); 34-B MRS § 1207(1)(A)Verified Jun 19, 2026View source expressly before a provider releases them.

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Financial Power of Attorney

Maine treats a power of attorney as durable by default18-C M.R.S. § 5-905, § 5-904, § 5-906, § 5-907, § 5-909, § 5-913, § 5-931, § 5-951Verified Oct 21, 2026View source, and it is signed before a notary18-C M.R.S. § 5-905, § 5-904, § 5-906, § 5-907, § 5-909, § 5-913, § 5-931, § 5-951Verified Oct 21, 2026View source.

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Transfer on Death Deed

In Maine, a transfer on death deed is signed before a notary18-C M.R.S. 6-401 to 6-420Verified Oct 18, 2026View source, then recorded with the county before the owner's death18-C M.R.S. 6-401 to 6-420Verified Oct 18, 2026View source. Maine does not recognize a Lady Bird deed.

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Free

Living Will

In Maine, the living will is the Advance Health Care Directive18-C M.R.S. §§ 5-801 to 5-817 (Title 18-C, Article 5, Part 8, Uniform Health Care Decisions Act)Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.

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Pour-Over Will

In Maine, a pour-over will is signed before 218-C M.R.S. § 2-502Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Tools for Planning Your Estate in Maine

Free tools for planning your estate in Maine: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Maine and read its answer.

How Do I Sign Estate Documents?

In Maine, a will is signed before 218-C M.R.S. § 2-502Verified Oct 18, 2026View source witnesses, and notarization is not required18-C M.R.S. § 2-502Verified Oct 18, 2026View source.

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Will My Estate Documents Transfer?

Maine recognizes a will signed under the law of the place where it was signed18-C M.R.S. § 2-505Verified Oct 18, 2026View source; a will signed in Maine itself needs 218-C M.R.S. § 2-502Verified Oct 18, 2026View source witnesses, and notarization is not required18-C M.R.S. § 2-502Verified Oct 18, 2026View source.

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Trust or Will: Which Costs Less?

In Maine, a will-based plan pays probate attorney fees of typically 1.9%Modeled estimate under 18-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.1%Modeled estimate under 18-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Maine runs $5,390Estimate: 10 hours at $539, Clio's Maine Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $8,085Estimate: 15 hours at $539, Clio's Maine Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in Maine runs $1,029Estimate: 3 hours at $343, Clio's Maine Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,058Estimate: 6 hours at $343, Clio's Maine Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $26,31318-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In Maine, a parent names a guardian for a minor child in a will or a separate signed writingMe. Rev. Stat. tit. 18-C, §§ 5-202, 5-203, 5-204Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Me. Rev. Stat. tit. 1, §§ 72(2-B), 73Verified Sep 15, 2026View source.

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Do I Need a Revocable Trust?

Probate in Maine takes 4 months to 6 months for a simple estate and charges attorney fees of typically 1.9%Modeled estimate under 18-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.1%Modeled estimate under 18-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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