The trustee's deed in Maine is a statutory short form codified at 33 M.R.S. 775(3).

Under the Maine Uniform Trust Code, a trust is created by a "[t]ransfer to another person as trustee during the settlor's lifetime or by will ... taking effect upon the settlor's death" (18-B M.R.S. 401(1)). A settlor is defined as "a person, including a testator, who creates or contributes property to a trust" (18-B M.R.S. 103(14)).

According to Black's Law Dictionary, 8th ed., a trust is "a property interest held by one person (the trustee) at the request of another (the settlor) for the benefit of a third party (the beneficiary)." A beneficiary) is a person who holds "a present or future beneficial interest in a trust, vested or contingent" (18-B M.R.S. 103(2)).

A trust created during the settlor's lifetime is a living trust, and a trust taking effect upon the settlor's death is a testamentary trust. Conveying trust property after a settlor has died requires a different type of deed called a deed of distribution by personal representative. To transfer real estate held in a living trust, however, a trustee's deed is used.

The trustee's deed is named for the person executing the deed. A trustee is the person designated by the trust instrument to administer the trust and "includes an original, additional and successor trustee, and a co-trustee, whether or not appointed or confirmed by a court" (18-B MR.S. 103(19)).

In Maine, trustees have the specific power to sell property under 33 M.R.S. 816(2). In the trustee's deed, the trustee serves as the grantor to convey real property to a grantee. The trustee's deed includes the name and date of the trust on behalf of which the trustee is acting, in addition to the name and address of each acting trustee.

An effective trustee's deed requires a description of the real property conveyed, as well as a reference to the prior instrument conveying title to the acting trustee. Where appropriate, 33 M.R.S. 772-A requires a release of spousal interest in real property. All acting trustees, and spouses joining as grantor, if applicable, must sign the deed in the presence of a notary public.

Consult a lawyer for guidance using a trustee's deed. Trust law can quickly become complicated, and each situation is unique.

(Maine Trustee Deed Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Trustee Deed

Transfer property from a trust to a beneficiary
Transfer property from a deceased person's estate
Provide proof of trust existence without disclosing trust terms
Sell estate property to satisfy debts or obligations
Establish a trust's interest in real property for public record

Compare other Maine deed forms and documents

Quitclaim Deed Quitclaim Deed with Covenants Gift Deed Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Personal Representative Deed of Distribution Testate Personal Representative Deed of Distribution Intestate Personal Representative Deed of Sale Testate Personal Representative Deed of Sale Intestate Mortgage Instrument and Promissory Note Discharge of Mortgage Land Installment Contract Memorandum of a Land Installment Contract Full Release of Memorandum of a Land Installment Contract General Durable Power of Attorney Durable Limited Real Estate Power of Attorney (Sale) Durable Limited Real Estate Power of Attorney (Purchase) Notice of Furnishing Notice to Owner Notice of Mechanic Lien Release of Mechanic Lien Conditional Lien Waiver on Progress Payment Unconditional Lien Waiver on Progress Payment Conditional Lien Waiver on Final Payment Unconditional Lien Waiver on Final Payment Transfer of Death Deed Transfer on Death Deed Revocation Notice of Death Affidavit Disclaimer of Property Interest Certificate of Trust

Important: County-Specific Forms

Our trustee deed forms are specifically formatted for each county in Maine.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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