What steps do we need to take to transfer my late father's property over to me and my sister?
May 21, 2025
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Since your father passed away and the property in Maine was solely in his name, the transfer of ownership will need to go through probate, even if there’s a will (18-C ME Rev Stat § 3-102). Once the court process confirms that the will is valid and appoints a personal representative (executor), you and your sister can receive legal title to the property.
Steps to Transfer Ownership
- File for Probate in Maine
The will must be submitted to probate court in the Maine county where the property is located. The court will formally appoint an executor—either you, your sister, or someone else named in the will. - Wait for Probate Approval
Once the probate is open, the court will authorize the executor to distribute assets according to the will. This includes transferring the property to you and your sister as co-owners. - Draft and File a New Deed
A new quitclaim deed or personal representative’s deed will be needed to transfer the title from your father’s estate to you and your sister. It must be filed with the county registry of deeds. - Buyout Option
If you plan to buy out your sister’s share later, that can be done through a separate sale agreement once both of your names are on the title.
Since there are two cottages on the same parcel, be clear in all documents whether you’re dividing use, rental income, or rights.
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If my father is already dead and the will states I am to be co-owners with my sister of a property in Maine, what paperwork do we need to file to transfer ownership to us?
I'm sorry to hear about the loss of your father. Have you and your sister obtained a copy of the will that specifies you both as co-owners of the property in Maine?
Yes.
Do you know if the property in Maine is solely in your father's name, or are there any other individuals or entities listed on the title?
It is only in his name, he owned it way before his current wife was around.
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with transferring ownership of the property in Maine.
No.
Welcome and thank you for using AskaLawyer. My name is Gurney, and I'm the attorney who will be assisting with your question.
Have you and your sister discussed how you would like to handle the property after the transfer of ownership?
My sister will want me to buy her out within this year I am sure. There are two cottages deeded together on one property—we stay in one for the summer and rent the other.
Since your father passed away and the property in Maine was solely in his name, the transfer of ownership will need to go through probate, even if there’s a will (18-C ME Rev Stat § 3-102). Once the court process confirms that the will is valid and appoints a personal representative (executor), you and your sister can receive legal title to the property.
Steps to Transfer Ownership
- File for Probate in Maine
The will must be submitted to probate court in the Maine county where the property is located. The court will formally appoint an executor—either you, your sister, or someone else named in the will. - Wait for Probate Approval
Once the probate is open, the court will authorize the executor to distribute assets according to the will. This includes transferring the property to you and your sister as co-owners. - Draft and File a New Deed
A new quitclaim deed or personal representative’s deed will be needed to transfer the title from your father’s estate to you and your sister. It must be filed with the county registry of deeds. - Buyout Option
If you plan to buy out your sister’s share later, that can be done through a separate sale agreement once both of your names are on the title.
Since there are two cottages on the same parcel, be clear in all documents whether you’re dividing use, rental income, or rights.
Does that help with your next steps?
Sure does, thank you.
Sure thing! I’m glad that helps. Did you have more questions about this? I'll be happy to help more.
