Pick Your Situation
The Title Names a Beneficiary (TOD)
We found no transfer-on-death (beneficiary) option for Maine car titles. The BMV's Death of an Owner page covers five groups only: a surviving spouse, a personal representative, a joint owner, a surviving common owner and an heir. Maine's vehicle title law has one automatic transfer at death, and it is for a surviving spouse.
Find the situation below that fits your family. If you're not sure, the Division of Title Services can help: 207-624-9000 ext. 52138 or titles.bmv@maine.gov.
The Car Was Co-Owned
It depends on the wording on the title.
- The title says "joint ownership": the surviving owner keeps full ownership and can retitle the car in their own name.
- The title lists more than one owner but does not say "joint ownership": Maine treats this as common ownership. The surviving owner and the deceased person's estate each own an equal share.
If the co-owners were married, the surviving spouse can use the spouse route instead.
Joint owner steps (see the BMV's joint ownership instructions)
- Get an Application for Certificate of Title (MVT-2) at a BMV branch or town office and fill it out in your name.
- Submit it with the original title, a copy of the death certificate (or an MVT-22 completed by you instead), and the $33 fee if the deceased co-owner was not your spouse.
Common owner steps (see the BMV's common owner instructions)
- If a personal representative has been appointed: submit the MVT-2, the title, the $33 fee, a transfer of ownership from the personal representative, and an MVT-22 completed and notarized by the personal representative with a copy of their Probate Court appointment attached.
- If no personal representative has been appointed: submit the MVT-2, the title, the $33 fee, an MVT-22 completed and notarized by you and all of the deceased's immediate heirs, a letter from the Probate Court saying no will of the deceased is being probated, and a transfer to you from all immediate heirs.
Forms
- Application for Certificate of Title (MVT-2): only at a BMV branch, town hall or municipal office
- Affidavit of Surviving Spouse or Personal Representative (MVT-22)
- Request to Re-issue a Certificate of Title (MVT-8), only if the title is lost (the duplicate fee is waived for a death transfer)
- Consent of Lien Holder (MVT-27), if the car has a loan
Documents
- Original Maine title (or an MVT-8 duplicate request)
- MVT-2 in the survivor's name
- Death certificate copy or MVT-22 (joint owner), or the notarized MVT-22s, transfer and court paperwork above (common owner)
- Lien release or MVT-27, if the car was financed
- $33 title fee (optional $10 rush fee)
You're the Surviving Spouse
Under Maine law (29-A M.R.S. section 663), when a married owner dies, ownership of the car passes to the surviving spouse unless a will says otherwise, as long as any lender agrees. The title moves to the spouse at no fee and the transfer is exempt from Maine's sales and use tax.
No title fee is due if the deceased was a Maine resident and the car was registered and titled in Maine. A $33 fee applies if you are adding another owner, and the optional $10 rush fee still applies. See the BMV's surviving spouse instructions.
Steps
- Find the original title. If it is lost, file an MVT-8 in the deceased's name; the duplicate fee is waived.
- If there is a loan, get a lien release or the lender's signed Consent of Lien Holder (MVT-27).
- Complete the MVT-22, checking the surviving spouse box, and sign it in front of a notary or attorney.
- Get an MVT-2 title application at a BMV branch or town office and fill it out in your name.
- Submit the MVT-2, the title, the notarized MVT-22 and any lien paperwork.
Documents
- Original Maine title (or an MVT-8 duplicate request, fee waived)
- MVT-2 in your name
- Notarized MVT-22
- Lien release or MVT-27, if the car was financed
No Probate (Small Estate or Heirs)
If no personal representative has been appointed by the Probate Court, a Maine-resident heir can transfer the car into their own name without opening probate. The BMV's heir instructions say immediate heirs may be the person's children, parents or siblings. The BMV's heir instructions do not state a dollar limit.
This route works only when there is no surviving spouse, no surviving joint owner and no personal representative, and it needs a Probate Court statement that no will has been probated. The BMV does not accept copies of wills for title transfers. If a will needs to be carried out, a personal representative has to be appointed.
Steps
- Ask the county Probate Court for a statement showing that no will of the deceased has been probated. How to request it, and any fee, is not described in the BMV materials, so contact the Probate Court to confirm.
- Find the original title. If it is lost, file an MVT-8 in the deceased's name; the duplicate fee is waived.
- Each immediate heir completes the heir section of an MVT-22 and signs it in front of a notary or attorney.
- Complete a transfer of ownership to the heir taking the car, on the back of the title. The MVT-22 also mentions a transfer form (MVT-16); contact Title Services to confirm where to get it.
- If there is a loan, get a lien release or the lender's MVT-27.
- Get an MVT-2 at a BMV branch or town office and submit it with the title, all MVT-22s, the Probate Court statement, the transfer and the $33 fee.
Documents
- Original Maine title (or an MVT-8 duplicate request, fee waived)
- MVT-2 in the heir's name
- A notarized MVT-22 from each immediate heir
- Probate Court statement that no will has been probated
- Transfer of ownership to the heir
- Lien release or MVT-27, if the car was financed
- $33 title fee (optional $10 rush fee)
Maine also has a separate small estate affidavit for collecting personal property, but the BMV's Death of an Owner materials do not mention it. Contact the Division of Title Services to confirm whether it is accepted for a car title.
An Executor Has Been Appointed
When the Probate Court has appointed a personal representative (executor or administrator), that person is responsible for distributing the estate, including any vehicles. See the BMV's personal representative instructions.
Steps
- Get a copy of the Probate Court appointment.
- Find the original title. If it is lost, file an MVT-8 (fee waived). The BMV says the title must then be completed in the personal representative's name.
- The personal representative signs the title over to the heir, beneficiary or buyer.
- The new owner completes an MVT-2 (from a BMV branch or town office) and submits it with the assigned title, a copy of the appointment and the $33 fee.
- If there is a loan, include a lien release or the lender's MVT-27.
If the personal representative is transferring the deceased's share to a surviving common owner, the BMV also requires an MVT-22 completed and notarized by the personal representative.
Documents
- Original title assigned by the personal representative (or an MVT-8 duplicate request)
- MVT-2 title application
- Copy of the Probate Court appointment
- Lien release or MVT-27, if the car was financed
- $33 title fee (optional $10 rush fee)
The Car Still Has a Loan
If there is an active loan, the BMV says to contact the lender to work out who is taking over the loan. Before the title can go into a survivor's or heir's name, you need either a lien release or the lender's signed Consent of Lien Holder (MVT-27). On the MVT-27, the lender agrees to a new title for the new owner and stays on it as first lienholder.
For a surviving spouse, Maine law says ownership passes only if the lienholder gives permission.
Steps
- Contact the lender to find out the payoff amount and who will take over the loan.
- If the loan is paid off, get the lien release (signed and dated on the title, or a Release of Lien, MVT-12).
- If the loan will continue, ask the lender to sign the MVT-27 naming the new owner.
- Include the release or MVT-27 with the title application.
If BMV records still show a lien that has actually been paid off, an MVT-12 must be filed.
Fees and Taxes
- Title fee: $33 for heirs, personal representative transfers, common owners, and joint owners who were not the deceased's spouse (29-A M.R.S. section 603; BMV fee schedule).
- Surviving spouse: no fee when the deceased was a Maine resident and the car was registered and titled in Maine (section 663).
- Rush processing: $10 extra, optional. This still applies to a surviving spouse.
- Duplicate title: the fee is waived when the duplicate is needed for a death transfer.
Sales and use tax
- Surviving spouse: exempt by statute.
- Beneficiary under a will: Maine Revenue Services Instructional Bulletin 42 says this transfer is not taxable because it is not a sale.
- Gifts: a true gift is not taxable, but it becomes taxable if the person receiving the car pays something for it, such as taking over the loan balance.
- Heirs when there is no will: no official source we found addresses this directly. Contact Maine Revenue Services to confirm.
Where to Go
Start at a BMV branch, town hall or municipal office. The title application (MVT-2) is a carbon-copy form that is not available online and can only be picked up at those offices; you can also get one by contacting the Title Unit in Augusta. The BMV's online title service is for duplicate (replacement) titles only, and an MVT-8 duplicate request can also be mailed.
Whether a full death-transfer packet can be mailed, and whether branches require appointments, is not stated. Contact the office to confirm.
Division of Title Services: 207-624-9000 ext. 52138, or titles.bmv@maine.gov with the title number, CTA number or VIN in the subject line. Allow 1-3 business days for an email reply.
Other situations
- New owner lives outside Maine: these steps are for Maine residents. A non-resident retitles the car through their own state (getting an MVT-8 duplicate first if the Maine title is missing).
- Car has an out-of-state title: it must first be titled in the new owner's name in that state. See the Death of an Owner page.
- Older cars: Maine requires titles only for model year 2001 and newer as of January 1, 2026 (2002 and newer as of January 1, 2027). For an untitled older car, contact Title Services to confirm the steps.
Selling the Car Instead
What the buyer needs depends on who is selling:
- Personal representative: the title signed over by the personal representative and a copy of the Probate Court appointment.
- No personal representative: a transfer from all immediate heirs, an MVT-22 signed by all immediate heirs, and a court statement that no will is being probated. The BMV recommends an heir title the car in their own name first before selling.
- Surviving spouse: the title signed over to the buyer, any lien release, the notarized MVT-22 and a bill of sale.
- Surviving joint owner: the title, any lien release, a copy of the death certificate (or an MVT-22) and a bill of sale.
Maine Revenue Services says sales of vehicles by personal representatives of estates are generally taxable; the buyer pays use tax when registering.
If probate is needed, our Maine probate guide walks through it.