Do I Need a Vehicle Transfer on Death Designation in Maine?

Answer a few questions about how your vehicle is titled to see whether a transfer-on-death designation applies for avoiding probate on a vehicle.

Frequently Asked Questions

No. Maine does not offer a vehicle transfer-on-death designation. Maine's Motor Vehicles and Traffic code does not authorize a transfer-on-death (TOD) or beneficiary designation on a vehicle certificate of title. Title 29-A, Chapter 7 (Title to Vehicles) provides for ordinary transfers of interest (29-A MRSA sec. 662) and an automatic transfer to a surviving spouse on the owner's death (29-A MRSA sec. 663), but contains no mechanism for an owner to name a TOD beneficiary on the title during life. Maine's transfer-on-death deed statute (18-C MRSA Article 6, Part 4) does not reach vehicles: 18-C MRSA sec. 6-402(5) defines "property" as an interest in real property located in the State. The Maine Bureau of Motor Vehicles processes a deceased owner's vehicle through one of five relationship-based paths (surviving spouse, personal representative, joint owner, surviving common owner, or heir), none of which is a TOD beneficiary designation.

Because Maine does not offer a vehicle TOD designation, the vehicle transfers through: Surviving spouse transfer: on the death of a married Maine resident owner, ownership passes to the surviving spouse if no will provides otherwise and the lienholder (if any) consents; registration and title transfer to the spouse at no fee and exempt from the purchase and use tax (29-A MRSA sec. 663). The spouse files a title application (Form MVT-2) plus a notarized Affidavit of Surviving Spouse or Personal Representative (Form MVT-22)., Small estate collection by affidavit: a successor may collect the decedent's personal property (including a vehicle) by affidavit if the entire estate, less liens and encumbrances, does not exceed $40,000 (adjusted for inflation) and 30 days have elapsed since death (18-C MRSA sec. 3-1201; summary administration under sec. 3-1203)., Joint ownership with right of survivorship: where the title states "joint ownership," the surviving owner or owners retain complete ownership on a joint owner's death and may retitle by submitting a title application (Form MVT-2) with the title and either a copy of the death certificate or a completed Form MVT-22. Joint ownership is not the default — a title application by two or more people is treated as common ownership in equal shares unless the application states a right of survivorship (29-250 CMR ch. 102)., Surviving common owner (title does not state "joint ownership"): there is no survivorship — the surviving common owner and the decedent's estate own equal shares. The survivor retitles with a title application (Form MVT-2), a Form MVT-22 completed by the personal representative with a copy of the Probate Court appointment attached, and a transfer of ownership from the representative; if no personal representative was appointed, a letter from the Probate Court stating no will is being probated plus a transfer from all immediate heirs., Personal representative transfer: once a personal representative is appointed by the Probate Court, the representative transfers the vehicle as part of estate distribution by submitting the vehicle title (or Form MVT-8 if it cannot be located), a title application (Form MVT-2), and a copy of the Probate Court appointment., Heir transfer (Maine residents): where no personal representative has been appointed, an immediate heir (child, parent, or sibling) may claim the decedent's interest by submitting the title (or Form MVT-8), a title application (Form MVT-2), a notarized Form MVT-22 completed by each heir, a statement from the Probate Court showing no will has been probated, and a transfer of ownership.. To keep other assets out of probate, SimplyTrust sets up a revocable trust online.

Without a vehicle TOD option, a Maine vehicle typically passes through the estate unless it is jointly titled or held in a trust, or qualifies for a small-estate transfer. Compare your options with the trust vs. will comparison.

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