AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- CERTIFICATES OF TITLE AND SECURITY INTERESTS (Allows on and after September 1, 2026, an owner of motor vehicle(s) to transfer ownership and registration of said vehicle on their death, by a certificate of title designation and requires DMV to amend title forms, to include transfer-on-death language.)

H7355

2026 -- H 7355
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO MOTOR AND OTHER VEHICLES -- CERTIFICATES OF TITLE AND
SECURITY INTERESTS

Introduced By:
Representatives Fogarty, Boylan, Edwards, Donovan, Kazarian, Handy,
Ajello, J. Lombardi, Cortvriend, and Hull

Date Introduced:
January 28, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 31-3.1-37 of the General Laws in Chapter 31-3.1 entitled
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"Certificates of Title and Security Interests" is hereby amended to read as follows:
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31-3.1-37. Passage of title upon death of owner.
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(a) Except as provided in subsection (b) of this section, or unless

Unless
otherwise provided
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in the last will and testament of a decedent, any motor vehicle(s) owned by the decedent shall
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belong, and title to them shall pass, to the surviving spouse.
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(1) The administrator of the division of motor vehicles shall register the motor vehicle(s)
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in the name of the surviving spouse upon presentation to the division of motor vehicles of:
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(i) A certified copy of the death certificate of the deceased spouse;
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(ii) Registration(s) of the motor vehicle(s) of the deceased spouse.
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(2) No fee shall be charged to the surviving spouse for issuance of a new certificate of title.
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(3) A surviving spouse shall not be charged a registration fee during the year he or she is
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registering the vehicle(s) in his or her name and having a new certificate of title issued,
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(i) Where the deceased spouse registered that motor vehicle(s) with the division of motor
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vehicles; and
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(ii) Paid the registration fees provided in § 31-6-1 for the motor vehicle(s) for the year.
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(4) Where the deceased spouse did not register the motor vehicle(s) or failed to pay a
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registration fee pursuant to § 31-6-1 for the year in which the surviving spouse appears to register

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the motor vehicle(s) and have a new title certificate issued in his or her name, then the surviving
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spouse shall pay a pro rata amount of the annual registration fee for the remaining months of the
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year.
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(b) On and after September 1, 2026, notwithstanding the provisions of subsection (a) of
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this section, a motor vehicle may be titled in transfer-on-death form by including in the certificate
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of title a designation of a beneficiary or beneficiaries to whom the motor vehicle shall be transferred
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on death of the owner or the last to die of two (2) or more owners with the right of survivorship,
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subject to the rights of any lien holder, whether created before, simultaneously with, or after the
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creation of the transfer-on-death interest. A trust may be the beneficiary of a transfer-on-death
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certificate of title.
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(c) A motor vehicle is titled in transfer-on-death form by designation in the certificate of
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title, the name of the sole owner, or the names of the owners who jointly and severally own the
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motor vehicle with the right of survivorship, followed in substance by the words "transfer on death
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to [name of beneficiary or beneficiaries]". If no title is available or in the event that the title
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document held by the owner of the vehicle does not contain transfer-on-death language, the owner
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may, during their lifetime, execute a document, using in substance the same language as contained
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on a title, transferring the vehicle to a beneficiary or beneficiaries as desired. If no such document
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has been executed, the surviving spouse or other heirs, may transfer the title to the vehicle by
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producing a copy of the owner’s death certificate along with an affidavit, in a form approved by
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the director of the department of motor vehicles, stating that they are the surviving spouse or sole
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heirs and requesting the title and registration be transferred without the necessity of probate. No
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such request shall be denied by the department of motor vehicles unless there is evidence of fraud
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or collusion.
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(d) The transfer-on-death beneficiary or beneficiaries shall have no interest in the motor
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vehicle until the death of the owner or the last to die of all multiple owners with the right of
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survivorship. A beneficiary designation may be revoked or changed at any time by the owner(s)
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without the consent of the beneficiary by either filing an application with the department of motor
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vehicles for a subsequent certificate of title or revoking any other document executed transferring
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the vehicle on death. If such original document was filed with the department of motor vehicles,
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the revocation shall also be filed.
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(e) Ownership of a motor vehicle titled in transfer-on-death form for which an application
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for a subsequent certificate of title has not been filed shall vest in the designated beneficiary or
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beneficiaries on the death of the owner or last survivor of any jointly owned vehicle, subject to the
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rights of any lien holder. If no beneficiary survives the death of the owner(s), then any interest in

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the motor vehicle belongs to the estate of the deceased owner.
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(f) The department of motor vehicles shall prescribe any fees associated with the transfer
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of title and registration, except as provided in subsection (a) of this section, but in no event shall
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any fee exceed the annual registration fee for such vehicle.
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(g) A certificate of title in transfer-on-death form shall not be considered a testamentary
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disposition.
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(h) On and after September 1, 2026, the department of motor vehicles shall provide
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amended title forms and/or transfer-on-death forms to accomplish the purposes of subsections (b)
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through (g) of this section.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO MOTOR AND OTHER VEHICLES -- CERTIFICATES OF TITLE AND
SECURITY INTERESTS
***
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This act would allow on and after September 1, 2026, an owner of motor vehicle(s) to
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transfer ownership and registration of said vehicle on their death, by a certificate of title designation
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and require the department of motor vehicles to amend title forms, to include transfer-on-death
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language.
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This act would take effect upon passage.
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