Code of Maine Rules
29 - DEPARTMENT OF THE SECRETARY OF STATE
250 - BUREAU OF MOTOR VEHICLES
Bureau of Motor Vehicles
Chapter 102 - TITLE TO MOTOR VEHICLES
Section 250-102-3 - TRANSFER OF TITLE UPON DEATH OF OWNER OF TITLED VEHICLE

Universal Citation: 29 ME Code Rules ยง 250-102-3

Current through 2024-38, September 18, 2024

A. Surviving spouse. Upon the death of a married resident owner of a motor vehicle registered in this state, ownership of the vehicle shall pass to the surviving spouse, if no will or certificate of title provides otherwise, and if permission is granted by any lienholder. ( 29 M.R.S.A. Section2372(5)).

1. Surviving spouse wants title in his/her name. If the surviving spouse wants title in his/her name, he/she shall fulfill the following requirements:
a. The surviving spouse shall file an application for Maine title and surrender the prior title.

b. The surviving spouse shall file with the application a notarized affidavit stating the name of the deceased, stating the date of death, and stating either that the deceased died without a will or that his or her will contained no provision that the vehicle pass to someone other than the surviving spouse.

c. If any lien against the vehicle was not released upon the death of the owner of the vehicle, the surviving spouse shall obtain from the lienholder written consent to issue title to the surviving spouse.

2. Surviving spouse sells vehicle. If the surviving spouse sells the vehicle, the new owner may obtain title by filing:
a. An application for Maine title accompanied by the Usual title fee;

b. The affidavit of the surviving spouse described in paragraph 1, subparagraph b above; and

c. The prior certificate of title properly assigned by the surviving spouse and released by the lienholder, if any.

B. No surviving spouse. When a change of ownership takes place after the death of an owner who left no surviving spouse, the new owner may obtain title by submitting the following documentation to the Secretary of State:

1. An application for Maine title with the required fee;

2. A notarized affidavit stating the name of the deceased and the date of death, identifying the vehicle, naming the person or persons claiming or representing the deceased's interest and specifying whether the claim or representation was based on an award made by an administrator or executor, on a court appointment or will, or on some other process or document not herein mentioned.
a. The affidavit shall be signed by the person or persons claiming or representing the deceased's

b. The Administrator or Executor, if any, shall provide a copy of his appointment authority which shall accompany the affidavit.

c. If there is no Administrator or Executor and so win being probated, a statement from the Probate Court indicating no win being probated shall accompany the affidavit.

d. A release or assignment of interest by the Executor, Administrator or by the person or persons claiming the deceased's interest may be incorporated in the affidavit.

3. The prior certificate of title properly released by any lienholder.

C. Original title issued in joint ownership.

1. Survivor retains ownership. When the original title was issued in Joint ownership and one of the owners dies, the survivor who retains ownership may obtain title in his/her own name by submitting the following:
a. An application for Maine title for which there will be no fee;

b. The prior title certificate; and

c. A copy of the death certificate.

2. Survivor sells vehicle. When the original title was issued in joint ownership sad one of the owners dies, the following requirements must be met to transfer title when the survivor sells the vehicle to a new owner:
a. The survivor shall properly assign the title certificate to the now owner after any lions have been released;

b. The survivor shall give the title certificate and a copy of the death certificate to the now owner; and

c. The new owner shall submit the title certificate, the copy of the death certificate, and a new application for title with the required fee to the Secretary of State.

D. Original title issued in common ownership.

1. New common owners retain ownership of the vehicle. Upon the death of one of the owners of a vehicle titled in common ownership, the surviving common owner and the heir or heirs of the deceased common owner may obtain title in their names by submitting the following documents to the Secretary of State:
a. An application for certificate of title for which there shall be no fee.

b. The prior title certificate.

c. A notarized affidavit stating the name of the deceased and the date of death, identifying the vehicle, naming the person or persons claiming or representing the deceased's interest and specifying whether the claim or representation was based on an award made by an Administrator or Executor, on a court appointment or will, or on some other process or document not herein mentioned.
i. The affidavit shall be signed by the person or persons claiming or representing the deceased's interest.

ii. The Administrator or Executor, if any, shall provide a copy of his appointment authority which shall accompany the affidavit.

iii. If there is no Administrator or Executor and no will being probated, a statement from the Probate Court indicating no will being probated shall accompany the affidavit.

iv. A release or assignment of interest by the Executor, Administrator or by the person or persons claiming the deceased's interest may be incorporated in the affidavit.

d. If a lien was not released upon the death of one of the original common owners, the new common owners shall obtain, from the lienholder named on the last title certificate, written consent to issue title to them.

2. New common owners sell vehicle. Upon the death of one of the owners of a vehicle last titled in common ownership, if the surviving common owner and the Person or persons claiming the deceased's interest in the vehicle sell or otherwise transfer the vehicle, the purchaser or transferee may obtain title by filing the following documents with the Secretary of State:
a. An application for Maine title accompanied by the usual title fee;

b. An affidavit and other applicable documents as described in paragraph 1, subparagraph c, divisions i, ii, iii, iv, above.

c. The prior certificate of title properly released by any lienholder.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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