PERMANENT RULES
Date of Adoption: February 15, 2002.
Purpose: Meet criteria supporting Governor Locke's Executive Order 97-02.
Citation of Existing Rules Affected by this Order: Amending 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 01-24-096 on December 4, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 3,
Repealed 0;
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Repealed 0;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Repealed 0.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 15, 2002
Fred Stephens
Director
OTS-5370.2
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 ownership may be released by a personal representative or beneficiary and transferred into the name of a new owner; or
(b) The surviving owner may transfer into their name if joint tenancy was indicated on the certificate of ownership; or
(c) The surviving owner, heir, or personal representative may transfer ownership into their name if proper documentation is provided as in subsection (4) of this section; or
(d) The vessel can be titled into the name of the estate of the deceased.
(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 certificate of county clerk or 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 name)."
(4) What documentation is required to remove the name of the deceased from the certificate of ownership or registration? In addition to any other documents or releases required by law or rule you will need:
(a) If the estate is administered:
(i) Letters of testamentary; or
(ii) Letter of administration; or
(iii) Certificate of county clerk.
(b) If there are joint tenants with rights of survivorship:
Copy of death certificate.
(c) If there is a community property agreement:
(i) Copy of the death certificate; and
(ii) A copy of the community property agreement.
(d) If the estate was not administered:
(i) Copy of the death certificate; and
(ii) Affidavit of inheritance; or
(iii) Affidavit of succession.
(5) If the vessel was last registered in another jurisdiction and the owner is deceased, what documents do I need when applying for a Washington certificate of ownership in my name? The requirements are the same as those provided in subsections (1) through (4) of this section. Equivalent documentation issued by the foreign jurisdiction may be acceptable.
[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.)) The
release of interest may be signed by either:
(1) 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.
(2) Durable power of attorney as provided in Title 11 RCW. A copy of the court order or the durable power of attorney appointing the guardian must accompany the release of interest.
[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.]