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Detailed Answer

Short overview: When a parent dies and the vehicle title cannot be found, a surviving spouse in Maryland generally has two routes to get title into their name: (1) use Maryland’s simplified small‑estate procedures (if the estate qualifies) to establish the surviving spouse’s ownership, or (2) open a probate/administration (letters of administration or testamentary) and use the court‑issued documents to transfer title. Either route requires working with the Maryland Motor Vehicle Administration (MVA) to obtain or reissue a title and then transfer it.

Step-by-step process

1. Confirm vehicle ownership and locate records. Check any paperwork you have (insurance, loan paperwork, registration, maintenance records). Search the home, safety deposit box, and personal files. If a loan existed, contact the lender to determine lien status. If you cannot find the original certificate of title, you will need to obtain a replacement title or provide proof of right to transfer.
2. Obtain certified copies of the death certificate. The MVA and Register of Wills both typically require a certified death certificate to prove the owner has died. Order several certified copies from the office that issues death certificates in the county where your parent died.
3. Decide whether the small‑estate route applies. Maryland offers simplified procedures for small estates (sometimes called a small‑estate affidavit or summary administration). If the entire estate qualifies under Maryland’s small‑estate rules, the surviving spouse can often use a small‑estate affidavit or an equivalent form from the Register of Wills to claim personal property (which includes a vehicle). Contact the local Register of Wills or the Maryland Courts website to confirm whether the estate qualifies and to get the correct forms and instructions.
4. If using the small‑estate affidavit:
   • Complete the small‑estate/surviving spouse affidavit per the Register of Wills’ instructions.
   • File or submit the affidavit where required (some counties require recording or filing; others provide a certified affidavit to present to the MVA).
   • Take the certified affidavit, certified death certificate, and identification to the MVA to request issuance of a duplicate title and transfer it into the surviving spouse’s name.
5. If probate/administration is required:
   • Petition the probate court or Register of Wills for appointment as personal representative (or have the executor named in the will appointed).
   • Once you have letters of administration or letters testamentary, present those documents and the death certificate to the MVA and complete the MVA title transfer paperwork in the name of the personal representative or the surviving spouse (as directed by the court documents).
6. Work with the MVA to obtain or reissue the title. Whether you proceed under small‑estate rules or with probate papers, the MVA will need proper documentation to issue a duplicate title or to transfer ownership. Expect to present: a certified death certificate, the small‑estate affidavit or letters from the probate court, proof of identity, a completed title application form from MVA, and any lien release documents if a lien existed.
7. Pay required fees and taxes. There are MVA fees for duplicate titles and for title transfers, and there may be vehicle excise tax or exemptions depending on the relationship and the reason for transfer (transfers after death sometimes qualify for exemptions). Ask the MVA what applies to transfers to a surviving spouse.
8. Register the vehicle in the surviving spouse’s name. After you obtain the title in the surviving spouse’s name, complete registration and insurance steps required by Maryland law.

Where to go for official forms and local rules

• Maryland Motor Vehicle Administration (MVA) — for title duplicate and transfer requirements: https://mva.maryland.gov/
• Maryland Courts / Register of Wills — for small‑estate forms and probate information (rules may vary by county): https://www.mdcourts.gov/

Common complications and how to address them

• If the vehicle has an outstanding lien: locate a lien release from the lender. The MVA will not transfer a clear title until liens are satisfied or properly released.
• If multiple heirs claim the vehicle: you may need court action (probate) to resolve competing claims; small‑estate affidavit may not work if heirs dispute ownership.
• If the surviving spouse’s name differs from the name on MVA records (e.g., different last name): bring marriage certificates and other ID to prove spousal relationship and identity.
• If the decedent left a will naming a different beneficiary: the will’s terms and the court’s appointment of an executor can affect who may legally transfer the vehicle.

Helpful Hints

• Start by calling your local Register of Wills. They will tell you whether the small‑estate procedure applies and provide the right affidavit or form for your county.
• Gather multiple certified death certificates at the start. Agencies commonly require original certified copies, and having extras saves time.
• Contact the MVA early in the process to confirm exactly which MVA forms you must complete and what identification and documentation they require.
• Do not sign any document that purports to transfer ownership unless you are certain you are the lawful transferee; a bad signature can create legal disputes later.
• Keep records of every document you submit and every payment you make. Make photocopies of filings, forms, checks, and any certified documents.
• If a lender or lienholder exists, get a written lien release before requesting a new title. Lenders sometimes will issue releases after proof of death and payoff arrangements.
• If the situation is contested, complicated (significant debts, multiple heirs, unusual will terms), or you are unsure which path to take, consider consulting a probate or estate attorney for targeted help.

Disclaimer: This article explains general Maryland procedures for informational purposes and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation, contact an attorney or the appropriate Maryland government office (Register of Wills or the MVA).