Detailed Answer: How to transfer a deceased parent’s Maine car title to the surviving parent when the original title is missing

Short answer: You will need (1) proof of the owner’s death, (2) proof of your authority to act for the estate or a small‑estate affidavit (if allowed), and (3) the Bureau of Motor Vehicles (BMV) paperwork to either obtain a duplicate title or complete a transfer without the original. The exact route depends on whether the vehicle must go through formal probate or can be transferred under Maine’s small‑estate procedures. This article explains both routes step by step and lists the common documents the BMV will require.

Disclaimer: This is general information only and not legal advice. If the situation is complicated, or large assets or disputes are involved, consult a Maine probate attorney or contact the local probate court or Maine BMV for specific guidance.

Step‑by‑step process

1) Gather immediate documents

• Obtain a certified copy of the decedent’s death certificate from the Maine Vital Records office or the funeral home.
• Find any vehicle records you have: registration, insurance card, maintenance records, loan payoff info, or a copy of the lost title (if available).
• Confirm how the vehicle was titled (sole name, joint tenants, spouse named as co‑owner, etc.). If it was jointly titled to both parents, the surviving spouse may become the owner automatically; if it was solely in the deceased parent’s name, you will need additional steps.

2) Decide whether probate is required (small estate vs. probate)

Not every asset must go through a formal probate administration. Maine has procedures for collecting personal property from a decedent’s estate without full probate when the estate is small or when the law provides for simple transfer to a surviving spouse or heir. Whether you can use a small‑estate procedure depends on the total value of the estate and the circumstances. Contact the local probate court clerk or see Maine Courts self‑help probate resources for guidance: https://www.courts.maine.gov/selfhelp/probate/.

3) If the estate will be probated (formal appointment of a personal representative)

• If someone opens a probate case, the Probate Court issues Letters of Appointment or Letters Testamentary naming a personal representative (executor/administrator).
• The personal representative can sign for the estate to transfer or sell the vehicle. The BMV will accept the letters along with a certified death certificate as proof of authority.
• If the original title is lost, the personal representative can apply for a duplicate title or complete a transfer using the court letters and the BMV forms.

4) If the estate is a small estate or a direct transfer to a surviving spouse

• Maine probate procedures often allow a surviving spouse or small‑estate heir to collect personal property using an affidavit instead of full probate. The probate court clerk can tell you whether your situation qualifies and may supply the proper affidavit form or instructions: https://www.courts.maine.gov/selfhelp/probate/.
• Commonly, the affidavit will declare the decedent’s assets, the claimant’s entitlement (for example, surviving spouse), and state that the value falls under the small‑estate threshold. That affidavit, plus a certified death certificate, may be accepted by the BMV to transfer title.

5) Replacing a lost title or transferring without the original title at the Maine BMV

• Contact the Maine Bureau of Motor Vehicles to learn which specific form you must submit (duplicate title application, transfer form, affidavit, etc.). Maine BMV general information is at: https://www.maine.gov/sos/bmv/. Explain that the registered owner is deceased and that you either have probate letters or a small‑estate affidavit.
• Typical documents the BMV may require include: certified death certificate, probate Letters of Appointment or a small‑estate affidavit, a completed title application or affidavit form, proof of identity for the person requesting transfer, and any odometer disclosure if required for the vehicle.
• If the title is lost, the BMV will have a duplicate title application process. The person authorized to sign (surviving spouse or personal representative) will sign where the owner would normally sign; the BMV will issue a duplicate or a new title in the transferee’s name once the application, supporting documents, and fees are accepted.

6) Taxes, fees, and odometer disclosures

Be prepared to pay BMV fees for title issuance and any applicable sales or use taxes. Transfers by inheritance or to a surviving spouse may be treated differently for tax purposes; confirm with the BMV or Maine Revenue Services. If the vehicle is of an age that requires an odometer reading on transfer, you must complete the odometer disclosure on the title application as required by federal and state rules.

7) If the other parent is the surviving spouse and the car was only in the deceased parent’s name

Often the simplest route is: obtain a certified death certificate, confirm that the surviving spouse is the lawful heir, obtain either a small‑estate affidavit or the probate letters showing entitlement, provide those documents to the BMV, complete the BMV transfer/duplicate title paperwork, pay fees, and have the BMV issue a new title to the surviving spouse. The exact paperwork and whether probate is required depends on the estate’s size and circumstances.

When to consult an attorney or the probate court

• If the estate is contested, if you don’t know who the lawful heir is, if the vehicle has a lien, or if the value of the estate is substantial, talk to a probate attorney before transferring the vehicle.
• If you are unsure whether the small‑estate procedure applies, call the local probate court clerk for guidance.

Hypothetical example

Example: Mary (decedent) held title to a 2012 sedan in her name only. She died, leaving her spouse John as the surviving spouse. The estate has a few personal items and the car, and the family does not plan a full probate. They obtain a certified death certificate, check with the probate clerk and learn they qualify to use the small‑estate affidavit, complete the affidavit, and submit it and the death certificate to the Maine BMV along with the BMV title application and fees. The BMV accepts the affidavit and issues a new title listing John as owner. If, instead, the estate required probate, the personal representative would obtain Letters from probate and use those letters to sign and transfer the title.

Official Maine resources

• Maine Bureau of Motor Vehicles (titles and registration): https://www.maine.gov/sos/bmv/
• Maine Judicial Branch — Probate self‑help information: https://www.courts.maine.gov/selfhelp/probate/
• Maine Legislature (statutes and legal code): https://legislature.maine.gov/

Helpful Hints

• Start with a certified death certificate — most agencies require an official certified copy, not just a photocopy.
• Call the local probate court clerk early. They can tell you whether a small‑estate affidavit is an option and may provide forms or instructions.
• Call the Maine BMV before visiting. Ask which forms you need, whether you must appear in person, and the current fees.
• If the vehicle has a lien, you’ll need the lienholder’s payoff statement or lien release before the BMV issues a new title.
• Keep originals or certified copies of all documents you submit, and keep a record of who you speak with and when.
• If the situation is disputed or complex, get legal advice. A brief consultation with a probate attorney can save time and avoid mistakes.

If you’d like, tell me whether the parent was married, whether the vehicle had a lien, or whether an estate has already been opened with probate — I can outline the most likely specific paperwork you’ll need to bring to the Maine BMV or probate court.