This bill amends South Dakota law to establish a process for the transfer of ownership of motor vehicles, off-road vehicles, snowmobiles, and boats upon the death of the owner or the last survivor of a joint tenancy with the right of survivorship. It allows owners to designate a beneficiary on the certificate of title, who will receive the property upon the owner's death. The bill specifies that a trust can be designated as a beneficiary, and all owners must provide written approval for the designation. Additionally, it outlines that a designated beneficiary has no interest in the property until the death of the owner or last survivor, and owners can change the beneficiary designation without consent.
The bill also includes provisions that prevent the designation of a beneficiary if the property is subject to any lien or encumbrance, and it mandates that the department will not issue a certificate of title for the transfer of ownership under these circumstances. Upon the death of the owner or last survivor, the designated beneficiary can submit an affidavit to the department to verify the death and facilitate the transfer of ownership, provided there are no liens or encumbrances on the property.