Detailed Answer
When someone dies in Maine, vehicles may or may not pass through probate. To decide if a car becomes estate property, review its title status, beneficiary designations, and ownership structure.
1. Check Title and Registration
Examine the vehicle’s title on file with the Maine Bureau of Motor Vehicles. If the title names more than one owner as joint tenants with rights of survivorship, the surviving owner takes full title automatically. See 18-A MRS §3-602(6) and 29-A MRS §413.
2. Review Beneficiary Designation (Transfer on Death)
Maine allows a transfer-on-death (TOD) registration under 29-A MRS §2547. If the decedent designated a TOD beneficiary, the named person acquires title outside probate. File the required documents with the BMV to record the transfer.
3. Determine Probate Status
If the vehicle is solely in the decedent’s name without a joint owner or TOD designation, it becomes part of the probate estate under 18-A MRS §2-503. The personal representative must include the vehicle on the inventory and handle its sale or distribution according to the decedent’s will or Maine’s intestacy rules (18-A MRS §3-102).
4. Utilize Small Estate Procedures
For estates with a total value under $75,000, Maine’s simplified process under 18-A MRS §2-702 allows heirs to transfer vehicles by affidavit without full probate. The affidavit must include qualifying statements and a certified death certificate.
Disclaimer: This article provides general information only and does not constitute legal advice.
Helpful Hints
- Locate the original vehicle title and any TOD forms promptly.
- Search for joint-owner names on the front of the title.
- File an affidavit of small estate if total assets are under $75,000.
- Consult county probate court for forms and filing instructions.
- Keep copies of all documents submitted to the BMV and probate office.