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 to die of multiple owners with the right of survivorship, subject to the rights of any lien holder.
The bill outlines the process for titling a motor vehicle in transfer-on-death form, which includes specific language that must be included in the title. 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. In the absence of such a document, 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 unless there is evidence of fraud or collusion.
The designated beneficiaries will have no interest in the vehicle until the owner's death, and the owner may revoke or change the beneficiary designation at any time without the beneficiary's consent. If no beneficiary survives the owner, the interest in the vehicle will belong to the deceased owner's estate. The Department of Motor Vehicles is required to prescribe any fees associated with the transfer of title and registration, ensuring that no fee exceeds the annual registration fee for the vehicle. Additionally, a certificate of title in transfer-on-death form will not be considered a testamentary disposition, and the Department of Motor Vehicles will provide amended title forms to implement these changes.
Statutes affected: 5660: 31-3.1-37