This bill amends Section 31-3.1-37 of the General Laws regarding the transfer of motor vehicle titles upon the death of the owner. It establishes that, on and after September 1, 2025, a motor vehicle may be titled in a transfer-on-death form by including a designation of a beneficiary or beneficiaries in the certificate of title. This allows for the transfer of ownership upon the death of the owner or the last surviving owner with the right of survivorship, subject to the rights of any lien holder.
The bill outlines the process for designating beneficiaries, stating that a motor vehicle is titled in transfer-on-death form by including the owner's name followed by the words "transfer on death to [name of beneficiary or beneficiaries]." If no title is available or does not contain transfer-on-death language, the owner may execute a document transferring the vehicle to a beneficiary during their lifetime. If no such document exists, the surviving spouse or heirs may transfer the title by providing a copy of the owner's death certificate and an affidavit to the Department of Motor Vehicles, which cannot deny the request without evidence of fraud or collusion.
The bill clarifies that beneficiaries have no interest in the vehicle until the owner's death and that the designation may be revoked or changed at any time by the owner without the beneficiary's consent. It also states that ownership of a vehicle titled in transfer-on-death form will vest in the designated beneficiaries upon the owner's death, and if no beneficiaries survive, the interest will belong to the deceased owner's estate.
Additionally, the Department of Motor Vehicles is tasked with prescribing any fees associated with the transfer of title and registration, ensuring that no fee exceeds the annual registration fee for the vehicle. The bill specifies that a certificate of title in transfer-on-death form shall not be considered a testamentary disposition and mandates the Department of Motor Vehicles to provide amended title forms to implement these changes.
Statutes affected: 5660: 31-3.1-37