HB 1190 – AS INTRODUCED
2010 SESSION
03/09
HOUSE BILL 1190
AN ACT authorizing transfer on death of motor vehicles.
SPONSORS: Rep. Hinkle, Hills 19
This bill authorizes transfer on death of title to motor vehicles.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2175
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT authorizing transfer on death of motor vehicles.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Transfer on Death. Amend RSA 261 by inserting after section 17 the following new section:
261:17-a Transfer on Death.
I. A motor vehicle may be titled in transfer-on-death, TOD, form by including in the certificate of title a designation of a beneficiary or beneficiaries to whom the motor vehicle shall be transferred on death of the owner or the last survivor of the joint tenant with right of survivorship owners, subject to the rights of all lien holders.
II. A motor vehicle is registered in transfer-on-death form by designating, on the certificate of title, the name of the owner or the names of the joint tenancy with right of survivorship owners, followed in substance by the words “transfer on death to (name of beneficiary or beneficiaries).” Instead of the words “transfer on death to” the abbreviation “TOD” may be used.
III. The transfer-on-death beneficiary or beneficiaries shall have no interest in the motor vehicle until the death of the owner or the last survivor of the joint tenancy with right of survivorship owners. A beneficiary designation may be changed at any time by the owner or all of the joint tenancy with right of survivorship owners then surviving without the consent of the beneficiary or beneficiaries by filing an application for a subsequent certificate of title.
IV. Ownership of a motor vehicle titled in transfer-on-death form, for which an application for a subsequent certificate of title has not been filed, shall vest in the designated beneficiary or beneficiaries on the death of the owner or the last of the joint tenancy with right of survivorship owners, subject to the rights of all lien holders.
V. A certificate of title in transfer-on-death form shall not be considered a testamentary disposition or be invalidated due to nonconformity with the provisions of title LVI.
2 Effective Date. This act shall take effect 60 days after its passage.