PERMANENT RULES
Date of Adoption: January 3, 2001.
Purpose: Meet criteria supporting Governor Locke's Executive Order 97-02.
Citation of Existing Rules Affected by this Order: 2; Repealing 1 [WAC 308-56A-355]; and amending 1 [WAC 308-56A-335].
Statutory Authority for Adoption: RCW 46.01.110.
Adopted under notice filed as WSR 00-21-094 on October 18, 2000.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 1; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
January 3, 2001
G. A. McDougall
for Fred Stephens
Director
OTS-4467.2
AMENDATORY SECTION(Amending WSR 99-06-037, filed 2/26/99,
effective 3/29/99)
WAC 308-56A-335
Owner deceased(( -- Release of interest by
personal representative)).
(1) ((What is a personal
representative?
A personal representative is an individual named in the last will and testament or appointed and confirmed by the court to manage the estate of a deceased person.
(2) How is the interest of the owner of record released on a vehicle ownership document if an owner is deceased?
Interest is released by the signature of the personal representative on vehicle ownership documents. Any unreleased registered or legal owners shall remain as such on the new certificate of ownership issued by the department.
(3) What do I need as proof of legal authority to release interest in a vehicle acquired from an estate of a deceased person?
If the estate is:
(a) Administered:
(i) Certified letters of testamentary; or
(ii) Letter of administration; or
(iii) Certificate of county clerk.
(b) Joint tenants with rights of survivorship:
Certified copy of death certificate.
(c) Community property:
(i) Certified copy of the death certificate; and
(ii) A copy of the community property agreement; or
(iii) Affidavit of inheritance.
(d) Estate not administered:
(i) Certified copy of death certificate; and
(ii) Affidavit of inheritance; or
(iii) Affidavit of succession.)) What titling options are available when a vehicle owner is deceased?
(a) The vehicle can be titled in the name of the estate; or
(b) The vehicle ownership may be released by a personal representative and transferred into the name of a new owner; or
(c) The surviving owner may transfer into their name if joint tenancy was indicated on the certificate of ownership.
(2) How can a vehicle be titled in the name of the estate of the deceased? The signature of a personal representative as described in RCW 11.02.005(1) is required to release interest for the deceased owner. The vehicle may then be titled and licensed in the name of the estate of the deceased pending final settlement of the estate. A copy of the court order appointing or confirming the personal representative must be attached to the application for certificate of ownership.
(3) How will the name of the estate be shown on the certificate of ownership? The name will be shown as "Estate of (deceased's name)."
(4) What do I need as documentation to release or transfer interest in a vehicle acquired from an estate of a deceased person?
If the estate is:
(a) Administered:
(i) Letters of testamentary; or
(ii) Letter of administration; or
(iii) Certificate of county clerk.
(b) Joint tenants with rights of survivorship:
Copy of death certificate.
(c) Community property:
(i) Copy of the death certificate; and
(ii) A copy of the community property agreement.
(d) Not administered:
(i) Copy of death certificate; and
(ii) Affidavit of inheritance; or
(iii) Affidavit of succession.
[Statutory Authority: RCW 46.01.110. 99-06-037, 308-56A-335, filed 2/26/99, effective 3/29/99; Order MV 208, 308-56A-335, filed 7/31/74.]
The following section of the Washington Administrative Code is repealed:
| WAC 308-56A-355 | Owner deceased -- In name of estate. |