PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-24-111.
Title of Rule: Chapter 308-93 WAC, Vessel registration and certificate of title.
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 88.02.070 and 88.02.100.
Summary: Amending WAC 308-93-520 Owner deceased, 308-93-530 Owner incompetent -- Release of interest, and 308-93-540 Owner bankrupt.
Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.
Name of Agency Personnel Responsible for Drafting: Katherine Iyall Vasquez, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, (360) 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 business 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 January 24, 2002, at 11:00 a.m.
Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by January 23, 2002, TTY (360) 664-8885, or (360) 902-3718.
Submit Written Comments to: Katherine Iyall Vasquez, Rules Manager, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by January 23, 2002.
Date of Intended Adoption: February 15, 2002.
December 4, 2001
D. McCurley, Administrator
Title and Registration Services
OTS-5370.1
AMENDATORY SECTION(Amending WSR 99-07-041, filed 3/15/99,
effective 4/15/99)
WAC 308-93-520
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 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.)) What titling options are available when a vessel owner is deceased?
(a) The vessel can be titled in the name of the estate; or
(b) The vessel ownership may be released by a personal representative or beneficiary 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 vessel 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 vessel may then be titled and registered 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 person's name)."
(4) What do I need as documentation to release or transfer interest in a vessel acquired from an estate of a deceased person? In addition to any other documents or releases required by law or rule.
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 the death certificate; and
(ii) Affidavit of inheritance; or
(iii) Affidavit of succession.
[Statutory Authority: RCW 88.02.070 and 88.02.100. 99-07-041, 308-93-520, filed 3/15/99, effective 4/15/99. 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.]
((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.))
Because laws of Washington allow for an individual to designate a
person to act in his/her stead during any period of incompetency
with a durable power of attorney, the release of interest may be
signed by either:
(1) The use of a durable power of attorney; or
(2) The court appointed guardian, if one has been appointed by the court, may release interest in a vessel owned by an individual who has been declared incompetent.
The release of interest must be accompanied by a copy of the court order or the durable power of attorney appointing the guardian.
[Statutory Authority: RCW 88.02.070 and 88.02.100. 99-07-041, 308-93-530, filed 3/15/99, effective 4/15/99. 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.]
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)) must be accompanied
by a ((certified)) copy of the court order appointing the
trustee.
[Statutory Authority: RCW 88.02.070 and 88.02.100. 99-07-041, 308-93-540, filed 3/15/99, effective 4/15/99. 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.]