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Listed below are some of the non-probate assets available in Maine. Any property in a living trust. Life insurance policies. 401(k)s, IRAs, other retirement accounts. Securities in transfer-on-death accounts. Pay-on-death bank accounts. Joint tenancy real property.
Commonly used deeds in Maine are the quitclaim deed, warranty deed, and release deed.
The personal representative's (PR) deed of sale for a testate estate, under 33 M.R.S. 775-3-D, is a fiduciary instrument used to convey real property from an estate to a grantee (purchaser) when the decedent has died with a will. The PR deed conveys interest without any implied covenants of title (33 M.R.S. 771).
A Maine quitclaim deed without covenant passes to the new owner?with no covenants or warranty of title?whatever interest the person signing the deed (the grantor) has the power to transfer. If the grantor holds good, clear title, the new owner receives good, clear title.
If you have made a will or previous TOD deed that leaves the property to someone, your new TOD deed will override it. Your rights. You keep complete ownership of, and control over, the real estate while you're alive.
Maine deeds must identify by name the current property owner (the grantor) transferring real estate. A deed must also state the new owner's name and address?including street and number, municipality, and state. Deeds customarily include the marital status of any parties who are natural persons.
Although generally a deed does not have to be recorded to be a valid conveyance, there are practical reasons for recording a deed. Deeds usually do not take effect as to creditors and subsequent purchasers without notice until the instrument is recorded.
Probate is not required. The TOD deed has no effect until you die. You can revoke it at any time. You are also free to transfer the property to someone else during your lifetime.