WSR 99-07-041

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed March 15, 1999, 9:16 a.m. ]

Date of Adoption: March 8, 1999.

Purpose: Meet criteria supporting Governor Locke's Executive Order 97-02.

Citation of Existing Rules Affected by this Order: Repealing 6 [WAC 308-93-550, 308-93-560, 308-93-570, 308-93-580, 308-93-590 and 308-93-600]; and amending 3 [WAC 308-93-520, 308-93-530, and 308-93-540].

Statutory Authority for Adoption: RCW 88.02.070.

Other Authority: RCW 88.02.100.

Adopted under notice filed as WSR 99-02-012 on December 28, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 6.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 6.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 3, Repealed 6; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

March 8, 1999

Fred Stephens

Director

OTS-2725.1


AMENDATORY SECTION(Amending Order 736-DOL, filed 11/18/83)

WAC 308-93-520
Owner deceased--((Community property agreement)) Release of interest by personal representative.

((If the prior owner of record of a vessel is deceased and a valid community property agreement exists, the surviving spouse may release the interest of the deceased's estate in the vessel.  The following shall be attached to any application for certificate of title:

(1) A copy of the community property agreement;

(2) A certified copy of the death certificate.)) (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 vessel ownership document if an owner is deceased?

Interest is released by the signature of the personal representative on vessel 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 vessel 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.

[Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46.  83-23-076 (Order 736-DOL), 308-93-520, filed 11/18/83.]


AMENDATORY SECTION(Amending Order 736-DOL, filed 11/18/83)

WAC 308-93-530
Owner incompetent--Release of interest.

((On any application for certificate of title where the former owner of record of the vessel has been declared legally incompetent, the incompetent's interest in the vessel shall be released by signature of the court appointed guardian.  A certified copy of the court order appointing the guardian shall be attached to the application.)) Who is eligible to release interest on a vessel ownership document if the owner is declared incompetent?

Only the court appointed guardian may release interest in a vessel owned by an individual who has been declared incompetent. The release of interest must be accompanied by a certified copy of the court order appointing the guardian.

[Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46.  83-23-076 (Order 736-DOL), 308-93-530, filed 11/18/83.]


AMENDATORY SECTION(Amending Order 736-DOL, filed 11/18/83)

WAC 308-93-540
Owner bankrupt--Release of interest.

((On any application for certificate of title where the prior owner's interest has been terminated through bankruptcy proceedings, the interest of the bankrupt in the vessel may be released by his/her trustee.  If the release is by his/her trustee, a certified copy of the court order appointing the trustee shall be attached to the application.)) Who has the authority to release interest in a vessel when an owner has been declared bankrupt?

A trustee appointed by the court has the authority to release interest on a vessel for the owner who has been declared bankrupt. The release of interest shall be accompanied by a certified copy of the court order appointing the trustee.

[Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46.  83-23-076 (Order 736-DOL), 308-93-540, filed 11/18/83.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 308-93-550Owner deceased--Signature of personal representative.
WAC 308-93-560Owner deceased--Estate administered.
WAC 308-93-570Owner deceased--No will left.
WAC 308-93-580Owner deceased--To spouse "in lieu of homestead."
WAC 308-93-590Owner deceased--In name of estate.
WAC 308-93-600Owner deceased--Estate not administered.

Washington State Code Reviser's Office