What Happens If Two People Own a Car And One Dies in Maine
When one of two owners listed on a Maine vehicle title dies, the ownership transfer depends on whether the title is held in joint ownership or common ownership and the relationship between the surviving owner and the deceased. Maine law establishes distinct procedures for surviving spouses, joint owners, common owners, personal representatives, and heirs under 29-A M.R.S.A. Chapter 7 and 29-250 C.M.R. Chapter 102. The surviving owner or estate representative must apply for a corrected or new title through the Maine Bureau of Motor Vehicles (BMV) to ensure legal ownership reflects the current status.
Determine How the Names Appear on the Maine Car Title
The manner in which the names of two or more owners are listed on the Maine certificate of title determines the ownership rights and the transfer process following a co-owner's death. Maine distinguishes between joint ownership—where surviving owners retain complete ownership—and common ownership, where the surviving owner and the deceased's estate hold equal interests.
If the Title Shows Survivorship Language
When a Maine title states "joint ownership," the surviving joint owner retains complete ownership of the vehicle by operation of law upon the death of the other joint owner. No probate or court involvement is required. The surviving joint owner may apply to title the vehicle in his or her name alone by submitting the title application, the current vehicle title, and a copy of the deceased co-owner's death certificate or the completed Affidavit of Surviving Spouse or Personal Representative (MVT-22).
If the Title Does Not Show Survivorship Language
When a Maine title does not state "joint ownership"—that is, when two or more names are listed as owners without explicit joint ownership language—the ownership is classified as common ownership. Under this arrangement, if one common owner dies, the surviving common owner and the deceased's estate own equal shares of the vehicle. The surviving common owner cannot automatically acquire the deceased's share and must work with the personal representative or the deceased's heirs to transfer ownership.
Maine Car Title Rules After One Owner Dies
When one owner of a jointly titled vehicle dies, Maine law distinguishes the treatment based on ownership type and the survivor's relationship to the deceased. The Bureau of Motor Vehicles requires a title application and supporting documentation that verifies the death and the survivor's right to assume ownership.
For Surviving Spouses: Upon the death of a married resident owner, ownership of the vehicle passes to the surviving spouse if no will provides otherwise and if lienholders consent. The surviving spouse may title the vehicle at no fee, and the transfer is exempt from Maine's purchase and use tax.
For Joint Owners: A surviving joint owner retains complete ownership and may title the vehicle in the survivor's name by submitting an application, the current title, and proof of death or the completed affidavit form.
For Common Owners: A surviving common owner must work with the personal representative (if one has been appointed) or with all immediate heirs if no representative has been appointed. The surviving common owner may title the vehicle in his or her name, but documentation from the probate court or all heirs is required to effect the transfer.
For Heirs: If no personal representative has been appointed and no spouse or joint owner survives, immediate heirs (children, parents, or siblings of the deceased) may apply for title. A statement from the probate court confirming that no will has been probated must accompany the application.
Does a Car Go Through Probate in Maine if One Owner Dies?
The necessity of probate depends on the ownership type and whether a personal representative has been appointed.
For Joint Owners: Probate is not required. The surviving joint owner may title the vehicle directly without court involvement.
For Surviving Spouses: If the vehicle was held in the spouse's name or in joint ownership with the deceased, probate is not required. The surviving spouse may apply directly for title transfer at no fee.
For Common Owners Without Probate: If no personal representative has been appointed and all immediate heirs agree, the surviving common owner may obtain title by submitting a statement from the probate court confirming no will is being probated and a signed transfer from all immediate heirs.
For Common Owners With Probate: If a personal representative has been appointed by the probate court, that representative must provide a copy of the court appointment with the title application. The surviving common owner and the personal representative must both sign the Affidavit of Surviving Spouse or Personal Representative (MVT-22), which must be notarized.
For Heirs: Heirs may obtain a title without formal probate if a statement from the probate court confirms no will has been probated. All immediate heirs must complete and notarize the MVT-22 affidavit and provide evidence of their relationship to the deceased.
How To Transfer a Car Title in Maine After a Co-Owner Dies
General Process
The surviving owner, heirs, or personal representative must file an application with the Bureau of Motor Vehicles at the Maine Department of the Secretary of State. The following steps outline the general procedure:
- Verify whether the title is held in joint ownership or common ownership by reviewing the current certificate of title.
- Determine the survivor's relationship to the deceased and whether probate court involvement is necessary.
- Obtain a certified copy of the death certificate or other acceptable proof of death from the municipality or the vital records office.
- Locate the current vehicle title and registration. If the title is unavailable, prepare to file a Duplicate Title Application (MVT-8), for which the fee is waived in death situations.
- Complete the Application for Certificate of Title (MVT-2) in the survivor's or personal representative's name.
- If applicable, obtain a copy of the probate court appointment or a statement from the probate court that no will is being probated.
- Complete and have notarized the Affidavit of Surviving Spouse or Personal Representative (MVT-22) if the vehicle is held in common ownership or if a personal representative is involved.
- If there is a lien on the vehicle, obtain written consent from the lienholder on form MVT-27 or a release of the lien.
- Submit all completed documents and applicable fees to the Bureau of Motor Vehicles or to any authorized town office or motor vehicle branch.
Applicable Fees
Maine's title and registration fees are established by statute and administrative rule. The following table lists the fees applicable to title correction or transfer following a co-owner's death:
| Fee Type | Amount | When It Applies |
|---|---|---|
| Application for Certificate of Title (MVT-2) | $33.00 | Required for all new title applications |
| Duplicate Title Application (MVT-8) | No Fee | When obtaining a duplicate title due to death of owner |
| Application for Corrected Title | $33.00 | When correcting an existing title |
| Expedited Title Issuance | $10.00 additional | If rush processing is requested |
| Surviving Spouse Title Transfer | No Fee | When surviving spouse obtains title after spouse's death (no registration fee if exempt) |
| Registration Fee (Passenger Vehicle) | $35.00 | Annual plate use fee for standard registration |
| Owner Change Fee | $33.00 | When registering a vehicle in a new owner's name |
| Agent Processing Fee (First Registration) | $6.00 | If processing through a town office or agent |
| Agent Processing Fee (Renewal) | $5.00 | For renewals processed through a town office or agent |
A surviving spouse who transfers a vehicle title due to the death of the other spouse is exempt from title fees, and the transfer is also exempt from Maine's purchase and use tax. Other heirs and common owners are subject to applicable fees and may be subject to registration fees depending on their registration status.
Surviving Spouse
Maine law grants the surviving spouse of a deceased registered owner special status. When a married resident owner of a vehicle registered in Maine dies, ownership passes to the surviving spouse unless a will provides otherwise and the lienholder consents. The surviving spouse may obtain title transfer at no fee by submitting the title application, the current vehicle title, and either a death certificate or the completed MVT-22 affidavit. The transfer is exempt from Maine's purchase and use tax. If the vehicle was financed, the surviving spouse must either obtain a lien release from the lienholder or secure the lienholder's written consent to title the vehicle in the spouse's name alone.
Documents Needed to Transfer a Maine Car Title After Death
The exact documents required depend on the ownership classification and whether the estate has been probated.
Common Documents
| Document | When Required |
|---|---|
| Certified Copy of Death Certificate | Always required; establishes proof of death |
| Current Vehicle Title | Required if available; if unavailable, a Duplicate Title Application (MVT-8) must be filed with no fee |
| Application for Certificate of Title (MVT-2) | Always required; must be completed in the name of the survivor, personal representative, or heir |
| Affidavit of Surviving Spouse or Personal Representative (MVT-22) | Required when vehicle is held in common ownership, when a personal representative is involved, when transferring between heirs, or in other circumstances identified on the form; must be notarized |
| Copy of Probate Court Appointment | Required if a personal representative has been appointed by the probate court; copy of letters of appointment must accompany the application |
| Statement from Probate Court | Required when no personal representative has been appointed but probate proceedings exist; statement must confirm no will has been probated |
| Lien Release or Lienholder Consent (Form MVT-27) | Required if the vehicle has an outstanding lien; lienholder must release the lien or provide written consent to title the vehicle in the survivor's name alone |
| Transfer of Ownership | Required when transferring between heirs or from personal representative to survivor; may be executed on the back of the title or using transfer form MVT-16 |
For Surviving Joint Owners: Submit the title application (MVT-2), current title, death certificate, and the $33 fee. The MVT-22 affidavit is not required if a death certificate is provided.
For Surviving Common Owners With Personal Representative: Submit the title application (MVT-2), current title, copy of the probate court appointment, completed and notarized MVT-22, and the $33 fee.
For Surviving Common Owners Without Personal Representative: Submit the title application (MVT-2), current title, statement from probate court confirming no will is being probated, completed and notarized MVT-22 signed by all immediate heirs, transfer of ownership from all heirs, and the $33 fee.
For Heirs (Maine Residents Only): Submit the title application (MVT-2), current title or duplicate title application (MVT-8), completed and notarized MVT-22, statement from probate court confirming no will is being probated, and the $33 fee (or no fee for the duplicate title application).
For Surviving Spouse: Submit the title application (MVT-2), current title, death certificate or completed MVT-22, and no fee.
What if There Is a Loan on the Car?
If the vehicle is subject to an outstanding loan or lien recorded on the title, the lienholder must either release the lien or provide written consent to transfer the title to the survivor's name alone. The lienholder's consent must be provided on the official Form MVT-27 and submitted with the title application.
If the lienholder releases the lien, the applicant should provide the release document or a notation on the existing title showing the lien has been satisfied. Upon receipt of the title application, required fees, the current title, proof of death, and either lien release or lien holder consent, the Bureau of Motor Vehicles will issue a new title free of the lien in the survivor's or personal representative's name.
If the surviving spouse or heir intends to assume the loan, the outstanding lien will be noted on the new title issued in the survivor's name. The survivor or heir remains obligated to the lienholder according to the terms of the security agreement unless the lienholder releases the obligation.
Contact Information
Maine Bureau of Motor Vehicles
29 State House Station
Augusta, ME 04333-0029
Phone: (207) 624-9000
Official Website: Maine Bureau of Motor Vehicles
