WSR 99-06-037

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed February 26, 1999, 9:17 a.m. ]

Date of Adoption: February 20, 1999.

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

Citation of Existing Rules Affected by this Order: Repealing 5 [WAC 308-56A-340, 308-56A-345, 308-56A-350, 308-56A-360 and 308-56A-365]; and amending 2 [WAC 308-56A-335 and 308-56A-355].

Statutory Authority for Adoption: RCW 46.01.110.

Adopted under notice filed as WSR 99-01-140 on December 22, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 5.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 2, Repealed 7 [5]; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

February 22, 1999

Fred Stephens

Director

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-340Owner deceased--Will left.
WAC 308-56A-345Owner deceased--No will left.
WAC 308-56A-350Owner deceased--To spouse "in lieu of homestead."
WAC 308-56A-360Owner deceased--Estate not administered.
WAC 308-56A-365Owner deceased--Community property agreement.

Washington State Code Reviser's Office