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, 2026, 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 ownership to transfer automatically upon the owner's death, subject to the rights of any lien holder.
The bill outlines the process for designating beneficiaries, which includes the requirement that the title must contain the phrase "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. 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 bill specifies that the transfer-on-death beneficiary has no interest in the vehicle until the owner's death, and the designation may be revoked or changed at any time by the owner without the beneficiary's consent. If no beneficiary survives the owner, the vehicle's 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 clarifies that a certificate of title in transfer-on-death form is not considered a testamentary disposition and mandates the Department of Motor Vehicles to provide amended title forms to implement these provisions.
Statutes affected: 7355: 31-3.1-37