How to Transfer a Car Title After Death in Maine

When you try to sell or re-register a vehicle that was titled in your spouse's name, the dealer or the BMV will tell you the title needs to be transferred. Without the right paperwork, the car is effectively frozen — you can't sell it, and you may run into problems renewing the registration.

Maine provides a straightforward path for surviving spouses: Form MVT-22, the Affidavit of Surviving Spouse or Personal Representative. In most cases, no probate is required.

The MVT-22 Affidavit: What It Does

Form MVT-22 allows a surviving spouse (or an appointed personal representative) to retitle a vehicle in their own name without going through the probate court. It's a notarized affidavit that you submit directly to the Maine Bureau of Motor Vehicles.

The form is specifically designed for surviving spouses of Maine residents. It works because vehicle titles, like bank accounts, are personal property — they don't require probate if the right transfer mechanism exists. The MVT-22 is that mechanism.

This is distinct from the Small Estate Affidavit (Form AF-102) used for bank accounts and other personal property. The MVT-22 is specific to motor vehicles and goes to the BMV, not the probate court.

What You Need to Complete the MVT-22

Required documents:

• Completed Form MVT-22 (download from maine.gov/sos/bmv)
• Notarization — the form must be signed before a notary public or attorney
• Certified copy of the death certificate
• The original vehicle title (if you have it)
• Your government-issued photo ID

The MVT-22 form requires you to state whether the decedent left a Will that provides for the transfer of the vehicle. Have that information ready before you fill it out.

If the Vehicle Had a Loan

If the car was financed and there's still a lien on the title, the MVT-22 alone won't get you a clean title. You have two options:

1. Pay off the loan and obtain a lien release — the lender releases the lien in writing, which you submit along with the MVT-22
2. Submit Form MVT-27 (Consent of Lienholder) — if you want to assume the loan and title the vehicle in your name without paying it off first, the lender must sign Form MVT-27 consenting to the transfer

Without one of these, the BMV will not issue a clean title in your name. Contact the lienholder first to understand which route they prefer.

If the Original Title Is Lost

If you can't find the original title, file Form MVT-8 (Duplicate Title Application). Normally, duplicate title applications carry a fee — but the BMV waives that fee when the application is being processed in conjunction with a surviving spouse transfer using MVT-22.

File the MVT-8 in the decedent's name, along with the MVT-22, at the same time.

Where to File

Take your completed, notarized MVT-22 (and any required companion forms) to your local BMV branch office. You can also mail it to the BMV's central office in Augusta, but visiting in person typically resolves any issues more quickly.

Standard title transfer fees apply — currently $33 for a standard title. Bring your checkbook or cash.

What If the Surviving Spouse Is Not the Beneficiary?

The MVT-22 is specifically for surviving spouses. If you're an adult child, a named executor, or another person who inherited the vehicle, the process is different:

• Named executor or appointed personal representative: The personal representative can also use MVT-22, but in the capacity of personal representative rather than surviving spouse
• A beneficiary named in the Will: The vehicle must typically pass through the probate estate or be covered by the small estate affidavit process, depending on the estate's total value
• Inherited by a child where the estate is under $52,500: Consider whether the small estate affidavit (Form AF-102) covers the full estate, including the vehicle, and whether a separate BMV process is needed

Does This Count Toward the Small Estate Threshold?

Yes. If you're also trying to use the small estate affidavit (Form AF-102) to claim bank accounts and other personal property, the vehicle's fair market value counts toward the $52,500 threshold for 2026. If the total probate estate (including the vehicle) exceeds that threshold, you need to open a formal probate case rather than using the affidavit route.

The MVT-22 vehicle transfer can still proceed in parallel with a probate case — they're handled by different agencies. You don't need to wait for the probate case to close before retitling the car.

Common Problems to Avoid

Waiting too long to retitle: If you continue using a vehicle titled in the decedent's name without completing the transfer, you may face complications renewing the registration or filing an insurance claim after an accident.

Forgetting the lienholder: If the car has a loan, skipping Form MVT-27 will result in a rejected application. Call the lender before visiting the BMV.

Not having the death certificate notarized: The death certificate itself doesn't need to be notarized — it's already an official certified document from the state. But the MVT-22 affidavit does need notarization. Don't confuse the two.

Using a photocopy of the title: The BMV requires the original title or a duplicate title application. A photocopy will not be accepted.

The Vehicle Is Just One Asset

Retitling the car is usually the easiest part of settling an estate. The harder work involves clearing the automatic estate tax lien on real property, determining whether the estate qualifies for the small estate affidavit or requires probate, and asserting the surviving spouse's statutory allowances against creditors.

The Maine Survivor Benefits Navigator walks through all of it — including Form MVT-22, the BMV process, the probate court forms, and the Maine Revenue Services lien discharge — in chronological order, from the first week after death through final estate closure.

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