Updated October 11, 2026. Quick answer: 33 MRSA 203 requires deeds to be acknowledged by the grantor before a notary public or an attorney-at-law before they can be recorded in the registry of deeds. Maine’s statewide fee schedule charges a flat thirty-five dollars per instrument recorded at the request of persons other than the State or a municipality.
Maine quitclaim deed at a glance
| Item | What the documents say |
|---|---|
| Signing | Maine’s Short Form Deeds Act authorizes statutory deed forms that end with a hand-and-seal line followed by an acknowledgment, and a deed is recorded in the registry of deeds in the county where the land lies. |
| Witnesses | Not found in the documents read |
| Notary or acknowledgment | 33 MRSA 203 requires deeds to be acknowledged by the grantor before a notary public or an attorney-at-law before they can be recorded in the registry of deeds. |
| Statutory quitclaim form | Maine’s Short Form Deeds Act (33 MRSA 761 and 775) sets out a statutory Quitclaim Deed with Covenant form and a Quitclaim Deed Without Covenant or Release Deed form. |
| Where to record, and the fee | County registry of deeds (register of deeds). Maine’s statewide fee schedule charges a flat thirty-five dollars per instrument recorded at the request of persons other than the State or a municipality. |
| State transfer tax | Maine taxes each deed transferring real property at $2.20 for each $500 or fractional part of $500 of value, imposed one-half on the grantor and one-half on the grantee, with an additional $3.80 for each $500 or fractional part of $500 of value above $1,000,000. |
| Gift from a parent to a child | Deeds between spouses, parent and child or grandparent and grandchild, without actual consideration for the deed, are exempt from the transfer tax. |
| Spouse or homestead | Maine’s statutory quitclaim deed forms include a line in which the grantor’s spouse releases all rights in the premises being conveyed, but the statutes read here do not say whether a spouse must sign. |
| Source | Maine Legislature, Office of the Revisor of Statutes |
Signing, witnesses and the notary in Maine
Maine’s Short Form Deeds Act authorizes statutory deed forms that end with a hand-and-seal line followed by an acknowledgment, and a deed is recorded in the registry of deeds in the county where the land lies.
33 MRSA 203 requires deeds to be acknowledged by the grantor before a notary public or an attorney-at-law before they can be recorded in the registry of deeds.
Statutory form: Maine’s Short Form Deeds Act (33 MRSA 761 and 775) sets out a statutory Quitclaim Deed with Covenant form and a Quitclaim Deed Without Covenant or Release Deed form.
The text itself:
- Title 33, 203: Need for acknowledgment: “must be acknowledged by the grantors, or by the persons executing”
- Title 33, 203: Need for acknowledgment: “before a notary public in the State, or before an attorney-at-law”
- Title 33, 775: Statutory short form deeds: “hand and seal this …. day of …. (here add acknowledgment)”
- Title 33, 775: Statutory short form deeds: “Quitclaim Deed with Covenant”
If you want a ready-made form
Review LawDepot’s quitclaim deed form
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A deed moves title and can change a family’s tax and benefit position. If you need advice about your situation, ask a real estate attorney before choosing a document service.
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Recording office: County registry of deeds (register of deeds). Maine’s statewide fee schedule charges a flat thirty-five dollars per instrument recorded at the request of persons other than the State or a municipality.
The text itself:
- Title 33, 201: Priority of recording: “acknowledged and recorded in the registry of deeds within the county”
- Title 33, 751: Schedule (registers of deeds fees): “Thirty-five dollars per instrument recorded at the request of all other persons”
Transfer tax and a gift to a family member
Maine taxes each deed transferring real property at $2.20 for each $500 or fractional part of $500 of value, imposed one-half on the grantor and one-half on the grantee, with an additional $3.80 for each $500 or fractional part of $500 of value above $1,000,000.
Between family members: Deeds between spouses, parent and child or grandparent and grandchild, without actual consideration for the deed, are exempt from the transfer tax.
The text itself:
- Title 36, 4641-A: Rate of tax; liability for tax: “The rate of the tax is $2.20 for each $500”
- Title 36, 4641-A: Rate of tax; liability for tax: “is imposed 1/2 on the grantor and 1/2 on the grantee”
- Title 36, 4641-C: Exemptions: “parent and child or grandparent and grandchild, without actual consideration”
Spouse and homestead
Maine’s statutory quitclaim deed forms include a line in which the grantor’s spouse releases all rights in the premises being conveyed, but the statutes read here do not say whether a spouse must sign.
The text itself:
- Title 33, 775: Statutory short form deeds: “spouse of the grantor, releases all rights in the premises”
Other filings the documents mention
A deed offered for recording must be accompanied by a declaration of the value of the property transferred, which must include evidence of compliance with section 5250-A and identify the tax map and parcel number. If the transfer is exempt from the tax, the reason for the exemption must be stated on the declaration of value.
The text itself:
- Title 36, 4641-D: Declaration of value: “accompanied by a declaration of the value of the property transferred”
A worked example: a parent deeds the home to an adult child
An illustration, not a return: a parent bought a home for $100,000, and it is worth $300,000 when the parent deeds it to an adult child by quitclaim deed, with no payment. The child later sells it for $350,000. For a gift, federal law says the child’s basis is “the same as it would be in the hands of the donor”, so the basis stays $100,000 and the gain is $250,000 ($350,000 minus $100,000). Had the child received the same home at the parent’s death, when it was worth $300,000, the statute sets the basis at “fair market value of the property at the date of the decedent’s”, so the gain would be $50,000 ($350,000 minus $300,000).
See CMG’s quitclaim vs warranty deed for a family transfer page for the choice of deed.
What the documents do not say
- Whether Maine requires witnesses on a deed: not found in the documents read, and that is not a statement that none are needed.
- County or city transfer taxes and local recording surcharges in Maine were not read unless named above.
Common mistakes
- Assuming the Maine transfer-tax exemption for family gifts also removes the federal basis consequence shown in the example.
- Assuming the Maine rules above govern land in another state, or that signing the deed ends the paperwork before it is recorded with the county registry.
Related: quitclaim vs warranty deed for a family transfer, Maine transfer on death deed, and Maine probate cost.
Sources
- Title 33, 203: Need for acknowledgment: https://legislature.maine.gov/statutes/33/title33sec203.html
- Title 33, 201: Priority of recording: https://legislature.maine.gov/statutes/33/title33sec201.html
- Title 33, 761: Statutory forms; incorporation by reference; title: https://legislature.maine.gov/statutes/33/title33sec761.html
- Title 33, 775: Statutory short form deeds: https://legislature.maine.gov/statutes/33/title33sec775.html
- Title 33, 751: Schedule (registers of deeds fees): https://legislature.maine.gov/statutes/33/title33sec751.html
- Title 36, 4641-A: Rate of tax; liability for tax: https://legislature.maine.gov/statutes/36/title36sec4641-A.html
- Title 36, 4641-C: Exemptions: https://legislature.maine.gov/statutes/36/title36sec4641-C.html
- Title 36, 4641-D: Declaration of value: https://legislature.maine.gov/statutes/36/title36sec4641-D.html
- 26 U.S.C. 1015, Basis of property acquired by gifts and transfers in trust (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1015.htm
- 26 U.S.C. 1014, Basis of property acquired from a decedent (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1014.htm
Sources: the primary documents linked above, read on October 11, 2026. General information, not tax advice. Your own facts decide the outcome, and a tax professional or the state agency itself is the right place to confirm anything consequential.