Okla. Admin. Code § 670:20-37-7

Current through Vol. 42, No. 3, October 15, 2024

Section 670:20-37-7 - Transfer of title upon death

(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.

Okla. Admin. Code § 670:20-37-7

Adopted by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 8/25/2024