Detailed answer — step‑by‑step overview under Maine law

When a spouse dies and you want a child to become the owner of real estate, the exact steps depend on how title to the property was held while both spouses were alive and whether the decedent left a will. Below are the common ownership scenarios and the usual steps to make or record a new deed so title shows the child as owner.

1. Find and read the current deed (determine how title was held)

Start by obtaining a copy of the recorded deed. Look for language describing ownership form: “tenancy by the entirety,” “joint tenancy with right of survivorship,” or “tenants in common,” or the decedent may be listed as the sole owner. The form of title controls whether ownership passed automatically or whether you must open a probate case to transfer title.

2. Common title situations and what they mean

• Tenancy by the entirety (married couples): In Maine this form commonly gives the surviving spouse full ownership automatically when the other spouse dies. If the property was held this way, the surviving spouse becomes owner by operation of law and can convey by signing a deed to the child. To record, the registry will typically ask for the death certificate and a deed signed and acknowledged by the surviving spouse.
• Joint tenancy with right of survivorship: If the deed names the couple as joint tenants with survivorship, the surviving co‑owner becomes sole owner automatically. To record, present a certified death certificate and a new deed from the surviving owner to the child.
• Sole ownership in the deceased spouse’s name (or tenancy in common without survivorship): Real property titled solely in the deceased spouse does not transfer automatically. The property is part of the decedent’s estate and normally requires probate administration (appointment of a personal representative or administrator) or another authorized transfer method before a deed conveying title to a child can be recorded.

3. If title passed automatically (survivorship or tenancy by entirety)

1. Obtain a certified copy of the death certificate.
2. Prepare a new deed that conveys title from the surviving owner to the child. Common deed types are warranty deed or quitclaim deed — choose based on the level of guarantees you want to provide. Include the full legal description (from the recorded deed).
3. The surviving owner must sign the deed in front of a notary public and have the deed properly acknowledged.
4. Record the deed at the county Registry of Deeds where the property is located and supply the certified death certificate (registries typically request it to show the survivorship event). Pay the recording fee and complete any local forms the registry requires.

4. If title did not pass automatically — probate or appointment of a representative

If the property was only in the deceased spouse’s name, you will generally need probate steps before a deed can be recorded:

1. Determine if the decedent left a will. If yes, the will typically nominates an executor. If not, the court will appoint an administrator.
2. File a probate petition in the appropriate Maine Probate Court to open an estate and obtain Letters Testamentary or Letters of Administration (court authority for the personal representative).
3. The personal representative can then execute and deliver a deed (commonly called an executor’s deed or administrator’s deed) transferring the property to the heir (the child), or the court can order distribution as appropriate.

For some small estates or very simple situations, Maine may permit limited or expedited procedures. However, real estate is often excluded from small‑estate shortcuts and requires formal probate or a court order. Contact the local probate court or an attorney to confirm whether a simplified procedure applies.

5. Documents the Registry of Deeds will commonly request

• Original or certified copy of the new deed with full legal description and correct grantee/grantor names.
• Notarized acknowledgement(s) for signature(s) on the deed.
• Certified death certificate for the decedent.
• If the deed is signed by a personal representative, a certified copy of Letters Testamentary or Letters of Administration (or a court order) showing authority to convey.
• Any required local transfer forms or tax forms, plus recording fees. Call the county registry to confirm local requirements and fees.

6. Practical closing steps after recording

• Obtain a copy of the recorded deed (recording receipt and book/page or document number).
• Update the property tax records and homeowner insurance to reflect the new owner.
• Keep original probate documents and certified death certificate with estate records.

7. Where to find Maine law and court information

Relevant Maine statutes include the probate code (Title 18‑B) and property/conveyancing rules (Title 33). See the Maine Revised Statutes online for statutory language and definitions:

• Title 18‑B (Probate Code): https://legislature.maine.gov/statutes/18-B
• Title 33 (Property and Conveyances): https://legislature.maine.gov/statutes/33

For local recording rules and fees, contact the County Registry of Deeds where the property is located (each county registry sets recording procedures and fees).

Helpful hints

• Start by getting a certified copy of the death certificate and a copy of the recorded deed. Those two documents typically tell you the route you must take.
• If the deed shows survivorship (tenancy by entirety or joint tenancy with survivorship), you usually do not need probate to be listed as owner — but you will need to record the death certificate and a new deed signed by the surviving owner.
• If the property was only in the decedent’s name, expect probate or a court‑authorized transfer before you can deliver a valid recorded deed to a child.
• Don’t rely on informal “affidavits of heirship” alone to clear title for lenders or title companies; many buyers and lenders require a probate order or clear recorded chain of title.
• Use the exact legal description from the recorded deed when preparing a new deed. Errors in legal description can cause recording rejection or future title problems.
• Before recording, contact the county Registry of Deeds to confirm required attachments, acknowledgment wording, and fee amounts.
• Consider contacting a Maine probate or real estate attorney if the ownership is unclear, if family members disagree, or if you expect a title company or lender will require a probate court order.