Retitling a Deceased Parent’s Car in Maryland: Step-by-Step FAQ

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Short answer: To retitle a car owned by a deceased parent in Maryland you will need to identify how the vehicle was owned, gather the death certificate and the vehicle title, and then either use the Maryland Motor Vehicle Administration (MVA) process for transfers after death, or present the legal documents (letters testamentary, small estate affidavit, or other proof of entitlement) that show you have authority to transfer title. Exact documents and steps depend on whether the vehicle had a co-owner, a beneficiary (transfer-on-death), was subject to probate, or is part of a small estate.

Step-by-step process (Maryland)

  1. Confirm how the vehicle was titled.

    • If the car was titled jointly with right of survivorship (joint owner listed), the surviving owner typically becomes the owner and can sign the title to transfer it.
    • If the title names a Transfer-on-Death (TOD) beneficiary, the beneficiary can present the death certificate and title to the MVA to retitle the vehicle in the beneficiary’s name.
    • If the vehicle was owned solely by the deceased (no co-owner or TOD), the car usually must pass through the estate process: either small estate transfer, probate administration, or transfer by the personal representative/administrator.
  2. Get certified copies of the death certificate.

    Order several certified death certificates from the Vital Records office. MVA and other agencies typically require certified (raised seal) copies.

  3. Locate the vehicle title and any loan/lien information.

    Find the current title certificate. Check whether a lienholder is listed. If there is a lien, contact the lender to learn their payoff and title-release process.

  4. Decide which legal path applies.

    • Transfer-on-Death or joint owner: Present the title and death certificate to the MVA and complete the title assignment steps.
    • Small estate: Maryland has streamlined small estate procedures that allow transfer of personal property (including vehicles) without full probate when the estate’s qualifying conditions are met. Typically the claimant will present a small estate affidavit or similar proof to the MVA along with the death certificate and title.
    • Probate / Personal representative: If the estate requires probate, the personal representative (executor) will present letters testamentary or letters of administration to the MVA and sign the title and application for a new title in the estate’s or beneficiary’s name.
  5. Complete MVA forms and pay fees.

    Complete the MVA title application and any MVA affidavit forms required for transfers after death. Bring certified death certificate, signed title (if applicable), proof of identity, and proof of authority to transfer (letters, affidavit, or beneficiary paperwork). Expect to pay title and registration fees and any taxes due. For official MVA guidance, see the Maryland MVA page on transfers after death: mva.maryland.gov — Transfer After Death.

  6. If the estate is a small estate, follow the Register of Wills guidance.

    Maryland’s Register of Wills office provides instructions and forms for small estates and informal probate. If the estate qualifies as a small estate, you may be able to use an affidavit of entitlement or similar document instead of full probate. See the Maryland Register of Wills information here: mdcourts.gov — Register of Wills.

  7. Visit an MVA branch or use MVA online resources.

    Some steps can be started online, but in many cases you will need to visit an MVA office in person with originals (title, certified death certificate, estate documents, ID). The MVA will issue a new title in the name of the person or entity entitled to the vehicle.

Common documents you will likely need

  • Original vehicle title (signed if appropriate)
  • Certified copy of the death certificate (multiple copies recommended)
  • Photo ID for the person applying
  • Proof of authority to transfer: letters testamentary/administration, small estate affidavit, or beneficiary documentation
  • MVA title application and any MVA affidavit forms required for transfers after death
  • Proof of payment for outstanding liens (if any)

Timing, fees, and taxes

Timing depends on whether probate is required and how quickly you can gather documents. Fees include MVA title/registration fees and any applicable excise or transfer taxes. If the car was gifted by the estate to a beneficiary, Maryland may have tax implications on the estate; check with the Register of Wills or a tax adviser.

Special situations

  • Vehicle titled in another state: Contact that state’s DMV for their transfer-on-death or probate transfer rules.
  • Lien on the title: The lienholder must release the lien or provide payoff information before you can get a clear title.
  • No title found: You may need to apply for a bonded title or follow MVA procedures for lost titles; the MVA can guide you.
  • Multiple heirs disagreeing: If beneficiaries dispute ownership, the estate may require formal probate and potentially court resolution.

Relevant Maryland resources

When to consult an attorney

Consider talking with an estate or probate attorney if:

  • Heirs disagree about who gets the car
  • The estate is complex or has significant debts and liens
  • You cannot locate the title or there are unknown creditors/lienholders
  • Probate is required and you are unsure how to proceed

Disclaimer

This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Maryland attorney or contact the Maryland Register of Wills and the Maryland MVA.

Helpful Hints

  • Order several certified death certificates immediately — you will need them for the MVA, banks, and creditors.
  • Look carefully at the title for words like “joint owner,” “and,” or “or,” and check for a TOD or beneficiary line.
  • Call the MVA first. Ask which forms they require for a transfer after death in your exact situation.
  • If there is a lien, get a payoff letter from the lender before visiting the MVA.
  • Keep a checklist and copies of every document you submit; obtain receipts for fees paid.
  • If you expect a dispute among heirs, get legal advice early to avoid delays and additional costs.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.