| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to transfers on death of vehicle titles; |
| Bill Description | Addressing transfers on death of vehicle titles. |
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What this bill does
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The bill authorizes a new "transfer on death title" for vehicles and adds sections to create a new chapter in Title 11 RCW. A transfer on death title is created by designating a beneficiary on a certificate-of-title application or a quick-title application and becomes effective on the transferor's death (for jointly owned vehicles, on the last surviving transferor's death). The transfer is nontestamentary and revocable during the transferor's lifetime (including by selling or transferring the vehicle or by filing a new title application without a beneficiary). During the transferor's life the beneficiary has no ownership rights or need to consent to transactions; if no designated beneficiary survives or a beneficiary validly disclaims, the transfer on death title is inoperative and the vehicle is included in the decedent's probate estate. The bill also amends RCW 11.02.005 to include a transfer on death title in the statutory definition of "nonprobate asset" and reenacts and amends certain related statutes.
The bill makes procedural changes to vehicle titling and department duties: the certificate of title must show the designated beneficiary immediately preceded by the words "TRANSFER ON DEATH" or the abbreviation "TOD"; applications for certificates of title and for quick titles must contain a transfer on death option and be signed and sworn as required by chapter 5.50 RCW; the department must issue an electronic record or written certificate of title if it is satisfied the applicant is the legal owner, deliver registration and title to appropriate owners, may require additional information or a physical examination of the vehicle, and must file and index titles so ownership is traceable. Timing and filing requirements are added or clarified: a person who acquires an interest other than by voluntary transfer must submit the last certificate of title, proof of transfer, and a new title application within 15 days; secured parties who repossess must submit similar documents and an affidavit within 15 days; quick title applications must include fees and evidence of ownership and may not be used for the first title on a vehicle previously designated salvage. The bill includes notification requirements such as a 10-day deadline to notify the department after moving or changing name of record.
The bill also amends nonprobate transfer rules related to dissolution, invalidation of marriage, or termination of a state-registered domestic partnership so that a prior designation to a former spouse or former partner is revoked by that event unless certain exceptions apply; it provides payor protections and procedures where third parties lack or obtain actual knowledge of a revocation or dispute and establishes presumptions about notice timing (more than 30 days presumed sufficient; less than five business days presumed insufficient, rebuttable only by clear and convincing evidence). The act reenacts and amends RCW 11.86.011 and RCW 46.12.670 and lists numerous related RCW cross-references. Important details are missing from the extracted text: section 2 of the act (which defines the transfer on death title and specific procedures) is not included, several amendment texts are incomplete or begin mid-sentence, and the act's effective date and any full implementing procedures or fee schedules are not provided.
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Why it matters
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If enacted, vehicle owners could name a beneficiary on a car title so the car passes to that person at the owner’s death without going through probate, while the owner keeps full control during life. The beneficiary would need to present the previous title, a death certificate, and an application to get a new title; quick-title and regular title applications must include the transfer-on-death option and be accompanied by required fees and taxes. Lenders who repossess must file paperwork within 15 days or provide documents promptly on sale, county auditors and the department must index titles showing “TRANSFER ON DEATH” or “TOD,” and the quick-title rules and notification deadlines (including a 10-day address/name-change rule) apply.
The people most affected are vehicle owners and their designated beneficiaries, secured parties (lenders) who must meet new filing timelines, county auditors and the issuing department who must record and issue TOD titles, and payors/financial institutions handling nonprobate transfers. Beneficiaries may get faster possession but still face creditors’ claims and must meet filing and documentation timelines; payors are protected from liability until they have actual knowledge of divorces or disputes but may require bonds in contested cases. The text does not include the act’s effective date, the full procedures for designating a beneficiary (section 2), or detailed agency implementation and fee schedules, so some administrative details remain uncertain.
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| Official Documents | View Full Bill Text |