18-125 C.M.R. ch. 601, § 11 - Liens and lien releases

Except as otherwise provided by law, an automatic lien for estate taxes, interest and penalties attaches to all Maine property (real and personal) owned by a decedent at death. The lien does not attach to any property passing by right of survivorship to a surviving joint tenant who was the decedent's spouse on the decedent's date of death. The lien continues until it is released by the State Tax Assessor, except that:

A. The lien is automatically released by operation of law when the personal representative of the estate, the trustee of a trust or surviving joint tenant of the property, each acting in the capacity of a fiduciary of the estate, transfers the property for value as defined pursuant to 36 M.R.S., Chapter 575. However, the lien continues to attach to any property that is transferred for less than its value or when transferred by any other party.

B. The lien is automatically released by operation of law ten years after the decedent's date of death.

When a personal representative of an estate files a completed Certificate of Discharge of Estate Tax Lien, the Assessor will release the lien upon a showing by the estate that all taxes, interest, and penalties have been paid or a determination by Maine Revenue Services that no tax is due.

Notes

18-125 C.M.R. ch. 601, § 11