WSR 00-21-094

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed October 18, 2000, 8:33 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-09-018.

Title of Rule: Chapter 308-56A WAC, Certificate 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: Amending WAC 308-56A-335 Owner deceased and repealing WAC 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: Deborah McCurley, 1125 Washington Street S.E., Olympia, 902-3754; and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, 902-4045.

Name of Proponent: , governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: 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 107, 1125 Washington Street S.E., Olympia, WA 98507, on December 8, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Dale R. Brown by December 7, 2000, TTY (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Dale R. Brown, Management Analyst, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by December 7, 2000.

Date of Intended Adoption: January 3, 2001.

October 18, 2000

Deborah McCurley, Administrator

Title and Registration Services

OTS-4467.1


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.

(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) 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.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 308-56A-355 Owner deceased -- In name of estate.

Washington State Code Reviser's Office