Here's How to Transfer Ownership to Yourself or Another

This information has been developed as a guide to assist you if you have inherited a vehicle and are dealing with the transfer of ownership for the vehicle.

If you have any questions or if we can help clarify any of these transactions, please know we want to assist you whenever possible. It may also be a benefit to speak with an attorney about this process and anything else that you may be trying to resolve.

The law requires that a variety of actions be taken to safeguard the rights of the deceased person's heirs. There are several different types of transactions involving the transfer of ownership of the deceased person's vehicle. While these transactions are not routine, they are also not difficult.

What to do if there is a will:

If a legally acceptable will exists which names an executor, the executor is permitted to distribute the property of the deceased person, provided that the will has been offered for probate. If the will is accepted by a court, the court will issue what are known as "letters of testamentary or administration."

If there is no will:

If there is no will, a court will appoint an administrator (similar to an executor) who must distribute all of the deceased person's possessions.

If you are presenting the MVA with letters of testamentary or administration to complete the transfer of ownership for a vehicle, the MVA can accept only the original. The original letters, which are issued by the Register of Wills, have a raised seal.

If the person died before January 1, 1998, the Register of Wills will issue a legal heir certification or letters of administration. These may be used in some instances to change the ownership of a vehicle from a deceased person.

If the person died after January 1, 1998, only the letters of administration will be issued from the Register of Wills.

What to bring to the Register of Wills:

Visit the Register of Wills in the jurisdiction in which the deceased was a resident and obtain the legal heir certification or letters of administration. The following documents must be presented to the Register:

• Title to the vehicle(s).
• A signed funeral contract or a receipt from a funeral establishment showing who paid the funeral expenses.
• The death certificate.
• Will, if one was made.

Which type do you best fit?

• Type 1 - The vehicle is titled in both (joint) names of the husband and wife and one of the owners is now deceased
• Type 2 - The vehicle is owned by the deceased person and its ownership is to be transferred to a legal heir, legatee, distributee or sold.

A legal heir is a person, usually a descendant of the deceased individual, who inherits property and/or wealth owned by the deceased.

A legatee refers to a person named within the will of a deceased, not necessarily a relative.

A distributee describes a person entitled to share in the distribution of the estate of the deceased.

Transferring Ownership

Type 1 - If the vehicle is jointly owned, on the existing Maryland Certificate of Title, and you are the surviving owner, this is what you need to do:

• If you want to keep the vehicle, you must apply for a new title before the present registration tags expire. To apply for a new title and registration, please complete the "assignment of ownership" and "application for title and registration" section on the back of your "Certificate of Title." If the transfer of ownership is between spouses or children the registration tags on the vehicle may be transferred to the surviving spouse's or child's name. In all other cases, new registration tags must be purchased. Please make certain you have a certified copy of the death certificate, the deceased's driver's license and the vehicle's registration card to complete your request.
• If there is an existing loan, please complete all required lien information on the back of the title. If there are no liens on the vehicle, then just simply write "none" in the space provided for lien information. If the lien on the vehicle is released, attach a "Notice of Security Interest Filing" or a letter written by the lienholder, on their letterhead, releasing the lien. If there is a lien on the vehicle (the vehicle is being financed), you must contact the lienholder for a letter of authorization approving the transfer of ownership. The letter must be attached to your transfer of ownership request. No security interest filing fee is required.
• If you are retaining ownership of the vehicle, a Maryland vehicle safety inspection is not needed.

If you wish to sell or give the vehicle to another person:

• If you intend to transfer the ownership of the vehicle to another person, either by sale or as a gift, please complete the "assignment of ownership" section on the back of the "Certificate of Title." To the new owner you will need to give the title, a certified copy of the death certificate, and if there is a lien, a lien release that you must obtain from the lienholder. The person receiving ownership of the vehicle will then take these documents to the MVA and register the vehicle in the new owner's name.
• Please note, to sell or give the ownership of a used vehicle to another person, a Maryland safety inspection must be completed. The inspection certificate must accompany the transfer request.

If you wish to give the vehicle to a family member:

• If you intend to give the vehicle to an immediate family member in Maryland you will need to complete the Assignment of Ownership section, the family member needs the title, a certified copy of the death certificate, and if there is a lien, a lien release that you must obtain from the lien holder, and a completed Gift Certification form (VR-103). If the last names of the family members are different, a proof of the relationship between the giver and the receiver of the vehicle is required. The family member can then take the documents to the MVA and register the vehicle in the family member's name.
• Please note, if the transfer of ownership of the vehicle is between a parent and child, spouse, or a surviving joint owner, a Maryland safety inspection is not required.

Type 2 - If you are a legal heir, legatee or distributee:

• If the ownership is being transferred to a legal heir, legatee or distributee, the "assignment of ownership" section on the back of the "Maryland Certificate of Title" must be completed.
• The original letters of administration, naming the administrator, must be included with the title to transfer the ownership. Please be sure to give the administrator's full name and address.

If you are the estate executor or administrator:

• If the vehicle is being sold by the executor or the administrator, the "assignment of ownership" section on the back of the "Certificate of Title" must be filled out.
• The buyer's full name and address must be filled in with the amount the buyer is paying for the vehicle. The letters of testamentary or administration must be presented with the original title.
• If there is a lien shown on the title for the vehicle, a letter from the lien holder giving authorization for the vehicle to be sold must be given, along with the original title, to the buyer of the vehicle. If the vehicle has been paid off and no money is owed, a "Notice of Security Interest Filing" or a letter on the lienholder's original letterhead must be given to the buyer of the vehicle along with the original title. In both cases, the required lien information on the back of the title must be filled in. If the vehicle is not subject to a lien, write "none" in the lien section.
• New tags must be purchased for the vehicle regardless of how the transfer of ownership is made.
  Vehicles being sold in this manner must have a complete Maryland safety inspection. The inspection certificate must be presented with the request for the transfer of ownership if registration plates are requested.

Excise Tax

Excise tax is six percent (6%) of the fair market value or purchase price of a vehicle as certified on a notarized bill of sale. If a deceased person's Maryland titled vehicle is transferred to a surviving spouse, legal heir, legatee, or distributee they are exempt from paying an excise tax.