Current through Vol. 42, No. 1, September 16, 2024
(a)
Intestacy; transfer to surviving spouse. When a person dies
intestate leaving a vehicle, that vehicle becomes the property of the surviving
spouse, if any. If the decedent held title to more than one (1) vehicle, the
surviving spouse may choose one (1) vehicle. If there are additional vehicles,
or there is no surviving spouse, the vehicles may be distributed by the law of
descent, upon submission of a properly completed No Administrator
Affidavit (SOk Form 798) and the death certificate of the deceased
vehicle owner. (See: 84 O.S. § 232)
(b)
Testate. When a decedent has
left a Last Will and Testament, the will must be probated before any action may
be taken regarding disposition of any vehicle owned by the deceased, unless the
value of the estate is not more than $50,000.00. Upon probate of the will,
letters testamentary are ordinarily issued by the court, naming the individual
or individuals responsible for administering the estate. The named
administrator(s) may assign vehicle ownership on behalf of the deceased owner.
(1) When transferring a title where the
assignment has been completed by the administrator or executor of an estate, a
certified copy of the letters testamentary, naming that individual as executor
or administrator for the deceased's estate, is required to be submitted by the
title applicant as supporting documentation for the title
transaction.
(2) If not a
qualifying family excise tax exempt transfer pursuant to 68 O.S. §2103(C),
excise tax is exempt only if a copy of the probated will is provided, naming
the applicant as the recipient of that specific vehicle.
(c)
Estate valued at no more than
$50,000.00. When a decedent has left a will, but the value of the estate
does not exceed Fifty Thousand Dollars ($50,000.00), ownership of any
vehicle(s) bequeathed in the decedent's will may be transferred to the
successor of interest by completing a Small Estate Affidavit. (See: 58 O.S.
§ 393). In addition to the Affidavit, the following must be submitted:
(1) A copy of the decedent's death
certificate.
(2) A copy of the
decedent's unprobated will, naming the applicant as beneficiary of the
vehicle.
(3) Either the title
certificate in the decedent's name, or evidence from Service Oklahoma vehicle
title files that such a title record exists.
(d)
Transfer-on-death notice.
The title of a motor vehicle that is not subject to any lien or other
encumbrance may be transferred by filing with Service Oklahoma a
transfer-on-death (TOD) notice, signed by the transferor and designating the
transferee. Such notice shall transfer ownership of the vehicle to the
transferee upon the death of the transferor.
(1) The notice shall include:
(A) The vehicle identification number of the
vehicle;
(B) The number of the
license plate issued to the vehicle, if any;
(C) The full name and address of the
transferor;
(D) The full name and
address of the transferee; and
(E)
The signature of the transferor. The signature or consent of or notice to the
transferee shall not be required for any purpose during the lifetime of the
transferor.
(2) The
completed notice may be submitted to Service Oklahoma by the transferor/owner
at any time, to be recorded in the vehicle record file. The transferee
designation may be revoked or changed at any time prior to the death of the
transferor by filing an amended notice with Service Oklahoma. The transferee
may disclaim any ownership interested in the vehicle by filing an amended
notice with Service Oklahoma.
(3)
Transfer-on-death notice is subject to the following limitations:
(A) TOD notices may be filed on motor
vehicles only.
(B) Only the record
owner(s), per the motor vehicle title files of Service Oklahoma, may file a TOD
notice.
(C) Ownership of a vehicle
on which a TOD notice is to be filed must be in the name of an individual or
individuals.
(D) If current
ownership reflects multiple individuals joined by "and", all must sign the TOD
filing notice. If joined by "or", any single owner may sign the TOD filing
notice.
(E) If current ownership
reflects multiple individuals, regardless of whether joined by "and" or "or",
all must be deceased before a transfer of ownership to the TOD transferee may
be completed.
(F) Ownership on a
transfer title issued to the TOD transferee is to be entered exactly as
designated by the transferor on the TOD notice filing. Any desired change by
the transferee must be accomplished on a separate and subsequent title
transaction completed by the transferee.
(G) Excise tax is not to be assessed when
issuing title to a TOD transferee.
(H) Filing of a TOD notice will supersede any
TOD notation reflected on a previously issued title certificate.
(4) Unless revoked by the
transferor or transferee, once a TOD is filed to the motor vehicle record, it
will remain in effect until the resulting transfer of ownership to the
transferee is completed, or until another event precipitating cancellation of
the transfer-on-death filing occurs. Presentation of deceased transferor's Last
Will and Testament reflecting other disposition of the vehicle does not cancel
the TOD notice filing. TOD notice cancelling events include:
(A) Transfer of ownership of the vehicle by
the transferor owner.
(B) Transfer
of ownership of the vehicle by court order, sheriff's sale, or possessory lien
action.
(C) Transfer of ownership
of the vehicle by issuance of a repossession title.
(D) Subsequent filing of a TOD notice by the
owner/transferor, which will replace any previously filed notice.
(E) Presence of active lien on the vehicle
record at time transferee files an affidavit to accept title to the vehicle
following death of transferor.
(F)
Cancellation of the Oklahoma title resulting from notice of subsequent titling
of vehicle in another state.
(G)
Death of transferee prior to transferor. In the event transferee's death
follows transferor's, but before a transfer of vehicle ownership to the
transferee has been completed, transferee's ownership interest in the vehicle
belongs to the transferee's estate.
(5) To accept the certificate of title of a
motor vehicle pursuant to a properly filed transfer-on-death notice, the
designated transferee shall execute an affidavit verifying the death of the
transferor owner and submit the affidavit, along with a copy of the death
certificate of the owner and appropriate transfer fees, to Service Oklahoma.
Following review of the documentation and confirmation no actives liens are
present on the vehicle file, a transfer title will be issued to the
transferee.
