Requirements for Titling a Vehicle After an Owner Dies

Once a vehicle owner has passed away, the process for transferring the car title of the deceased person varies.

FOR HEIR

If you are an heir of a person who has died, and no personal representative has been appointed, you can transfer the title of that person’s vehicle to your name by submitting a title application that is completed by the immediate heirs, who may be: the person’s spouse, children, parents or siblings. You must also provide the vehicle title, an affidavit in the heirs’ names, a statement from the probate court that shows no will has been probated, and a transfer of ownership. A $33 fee will apply. If you intend to sell the vehicle, it is recommended that you first obtain the title in your own name and then provide the buyer with that title, a completed affidavit signed by all immediate heirs, the probate court statement and the transfer of ownership. If you cannot locate the title to the vehicle, you will need to file a Duplicate Title Application (form MVT-8) in addition to the forms above

FOR SURVIVING SPOUSE

A surviving spouse may title the vehicle in his or her name only by submitting a title application in the spouse's name (no fee is required if at the time of death, the deceased was a Maine resident and the vehicle was registered and titled in Maine), the vehicle's title, and an MVT-22 completed by the spouse. If the vehicle was financed, the spouse must submit a lien release or obtain consent from the lien holder to title in the spouse's name (form MVT-27).
If a surviving spouse sells the vehicle, the spouse should provide the buyer with the title transferred to the buyer, a release of any lien and form MVT-22 completed by the spouse. No title fee is required unless adding an additional owner. If rush service is preferred, a 10.00 rush fee will apply.

FOR JOINT OWNERS (Title states "joint ownership")

Under the terms of "joint" ownership, when a joint owner dies the surviving owner(s) retains complete ownership of the vehicle. A surviving joint owner may title the vehicle in his or her name by submitting a title application in the survivor's name, the title fee, the vehicle's title and a copy of the deceased's death certificate or form MVT-22 completed by the survivor. If the vehicle was financed, the survivor must submit a lien release or obtain consent from the lien holder to title in the survivor's name alone. (form MVT-27) If a surviving joint owner sells the vehicle, the survivor should provide the buyer with the title transferred to the buyer, a release of any lien and a copy of the deceased's death certificate or form MVT-22 completed by the survivor. If you were married to the other owner, there is no fee. If you were a joint owner with a person other than your spouse, a $33 fee will apply. This fee will also apply if you are adding an additional name to the title. If rush service is preferred, a 10.00 rush fee will apply.

FOR OWNERS IN COMMON OTHER THAN SPOUSES (There are two or more names listed on the title as owners
and the title does not state joint ownership.)

In the case of common ownership, if one of the common owners dies, the surviving common owner(s) and the deceased's estate own equal shares of the vehicle. A surviving common owner may title the vehicle in his or her name by submitting a title application in the survivor's name, the title fee, the vehicle's title, form MVT-22 completed by the Personal Representative of the deceased and a transfer of ownership from the Personal Representative (a copy of the Probate Court appointment must be attached). If there is no court appointed Personal Representative, the survivor must submit a letter from Probate Court stating there is no will of the deceased's being probated and a transfer to the survivor from all immediate heirs of the deceased. In addition, any lien holder must release the lien or provide consent to title the vehicle in the survivor's name alone. (form MVT-27) If a surviving common owner sells the vehicle, the survivor must provide the buyer with all material as listed in the paragraph above except the title application and fee, as well as a transfer from the survivor to the buyer.

FOR PERSONS PURCHASING A VEHICLE FROM A DECEASED INDIVIDUAL'S ESTATE

A person purchasing a vehicle from an estate must obtain the title to the vehicle transferred by the Personal Representative of the estate and a copy of the Personal Representative's appointment from Probate Court. If there is no Personal Representative appointed by Probate Court, the buyer must obtain a transfer from all immediate heirs of the deceased and form MVT-22 must be signed by all immediate heirs with a statement from the court that no will is being probated.