WSR 99-01-140

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed December 22, 1998, 9:20 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-16-071.

Title of Rule: Chapter 308-56A WAC, Certificates of title--Motor vehicles, etc.

Purpose: 1. To meet the criteria set forth in Governor Locke's Executive Order 97-02.

2. To clarify rules and help make them more comprehensible.

Statutory Authority for Adoption: RCW 46.01.110.

Summary: Repealing WAC 308-56A-340 Owner deceased--Will left, 308-56A-345 Owner deceased--No will left, 308-56A-350 Owner deceased--To spouse "in lieu of homestead," 308-56A-360 Owner deceased--Estate not administered, and 308-56A-365 Owner deceased--Community property agreement; and amending WAC 308-56A-335 Owner deceased--Signature of personal representative, and 308-56A-355 Owner deceased--In name of estate.

Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting: Patrick J. Zlateff, 1125 Washington Street S.E., Olympia, 902-3718; Implementation: Nancy Kelly, 1125 Washington Street S.E., Olympia, 902-3754; and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, 902-4045.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The disposition of a vehicle when the owner is deceased.

The anticipated effects will be a clarification of the above-mentioned requirements.

Proposal Changes the Following Existing Rules: Clarify sections needed and repeal those no longer required.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose more than a minor cost on businesses in an industry.

RCW 34.05.328 does not apply to this rule adoption. The contents of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room 303, 1125 Washington Street S.E., Olympia, WA 98507, on February 2, 1999, at 10:00.

Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by February 1, 1999, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick J. Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by January 25, 1999.

Date of Intended Adoption: February 20, 1999.

December 22, 1998

Nancy Kelly, Administrator

Title and Registration Services

by Evelyn Barker

OTS-2724.1

AMENDATORY SECTION (Amending Order MV 208, filed 7/31/74)



WAC 308-56A-335  Owner deceased--((Signature of)) Release of interest by personal representative. ((On any application for certificate of title where a vehicle has been acquired from the estate of a deceased person, the interest of the deceased's estate in the vehicle shall be released by the signature of the personal representative. A copy of the court order approving or confirming the personal representative shall be attached to the application. Any unreleased legal owners shall remain as such on the new certificate of title issued by the department.)) (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.



[Order MV 208, 308-56A-335, filed 7/31/74.]



AMENDATORY SECTION (Amending Order MV 208, filed 7/31/74)



WAC 308-56A-355  Owner deceased--In name of estate. ((If the owner of record of a vehicle is deceased, the vehicle may be titled and licensed in the name of the estate of the deceased pending final settlement of the estate. A certified copy of the court order appointing or confirming the personal representative shall be attached to the application for certificate of title.)) Can the vehicle be titled in the name of the estate of the deceased?

Yes, the vehicle may be titled and licensed in the name of the estate of the deceased pending final settlement of the estate. A certified copy of the court order appointing or confirming the personal representative shall be attached to the application for certificate of ownership.



[Order MV 208, 308-56A-355, filed 7/31/74.]



REPEALER



The following sections of the Washington Administrative Code are repealed:



WAC 308-56A-340 Owner deceased--Will left.

WAC 308-56A-345 Owner deceased--No will left.

WAC 308-56A-350 Owner deceased--To spouse "in lieu of homestead."

WAC 308-56A-360 Owner deceased--Estate not administered.

WAC 308-56A-365 Owner deceased--Community property agreement.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office