Vehicle transfers on death

AN ACT Relating to transfers on death of vehicle titles; amending 1
RCW 11.02.005, 11.07.010, 11.11.010, 46.12.540, 46.12.530, and 2
46.12.555; reenacting and amending RCW 11.86.011 and 46.12.670; and 3
adding a new chapter to Title 11 RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The following definitions in this section 6
apply throughout this chapter unless the context clearly requires 7
otherwise.8
(1) "Beneficiary" means a person designated to receive a vehicle 9
in a transfer on death title. 10
(2) "Joint owner" means an individual who owns a vehicle 11
concurrently with one or more other individuals with a right of 12
survivorship. "Joint owner" includes a joint tenant with a right to 13
survivorship. "Joint owner" does not include a tenant in common or 14
owner of community property. 15
(3) "Person" means an individual, corporation, business trust, 16
estate, trust, partnership, limited liability company, association, 17
joint venture, public corporation, government or governmental 18
subdivision, agency, or instrumentality, or any other legal or 19
commercial entity. 20
H-3034.1
HOUSE BILL 2603
State of Washington 69th Legislature 2026 Regular Session
By Representatives Ley and Santos
Read first time 01/21/26. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 2603
(4) "Transfer on death title" means a vehicle title authorized 1
under this chapter. 2
(5) "Transferor" means a person or joint owners who make a 3
transfer on death title. 4
(6) "Vehicle" has the same meaning as in RCW 46.04.670.5
NEW SECTION. Sec. 2. (1)(a) A person or joint owners may 6
transfer ownership of a vehicle to a beneficiary by a transfer on 7
death title. The transfer is effective at the transferor's death, or 8
for joint owners, at the last surviving transferor's death.9
(b) A transfer on death title is created through designation of a 10
beneficiary on an application for a certificate of title under RCW 11
46.12.530 or application for a quick title under RCW 46.12.555, and 12
is effective without: 13
(i) Notice or delivery to or acceptance by the designated 14
beneficiary during the transferor's life; or 15
(ii) Consideration. 16
(2)(a) A transfer on death title is revocable even if another 17
instrument contains a contrary provision. 18
(b) During the transferor's lifetime, the transferor may revoke a 19
transfer on death title by selling or transferring the vehicle or by 20
submitting an application for a new title under chapter 46.12 RCW 21
completed without a designated beneficiary. 22
(3) A transfer on death title is nontestamentary.23
(4) During a transferor's lifetime, a transfer on death title 24
does not affect an interest or right of the transferor or any other 25
owner, including the right to transfer or encumber the vehicle. The 26
signature or consent of the beneficiary is not required for any 27
transaction relating to the vehicle for which a transfer on death 28
title has been issued. 29
(5) If no beneficiary or beneficiaries survive the owner or joint 30
owners of a vehicle, or if a beneficiary disclaims their interest in 31
their vehicle as provided under chapter 11.86 RCW, the transfer on 32
death title is inoperative and the vehicle is included in the probate 33
estate of the deceased owner. 34
NEW SECTION. Sec. 3. This chapter does not:35
(1) Limit the rights of any creditor of the owner of the vehicle 36
against any transfer on death beneficiary, beneficiaries, or other 37
transferees of the vehicle under any other applicable law; and38
p. 2 HB 2603
(2) Affect any other method of transferring an interest in a 1
vehicle otherwise permitted by law. 2
NEW SECTION. Sec. 4. This chapter applies to a transfer on 3
death title made in accordance with this chapter before, on, or after 4
the effective date of this section by a transferor dying on or after 5
the effective date of this section.6
Sec. 5. RCW 11.02.005 and 2021 c 140 s 1012 are each amended to 7
read as follows: 8
When used in this title, unless otherwise required from the 9
context: 10
(1) "Administrator" means a personal representative of the estate 11
of a decedent and the term may be used in lieu of "personal 12
representative" wherever required by context. 13
(2) "Codicil" means a will that modifies or partially revokes an 14
existing earlier will. A codicil need not refer to or be attached to 15
the earlier will. 16
(3) "Degree of kinship" means the degree of kinship as computed 17
according to the rules of the civil law; that is, by counting upward 18
from the intestate to the nearest common ancestor and then downward 19
to the relative, the degree of kinship being the sum of these two 20
counts. 21
(4) "Electronic" means relating to technology having electrical, 22
digital, magnetic, wireless, optical, electromagnetic, or similar 23
capabilities. 24
(5) "Electronic presence" means the relationship of two or more 25
individuals in different locations communicating in real time to the 26
same extent as if the individuals were physically present in the same 27
location. 28
(6) "Electronic will" means a will or codicil executed in 29
compliance with RCW 11.12.400 through 11.12.491. 30
(7) "Executor" means a personal representative of the estate of a 31
decedent appointed by will and the term may be used in lieu of 32
"personal representative" wherever required by context.33
(8) "Guardian," "limited guardian," "conservator," or "limited 34
conservator" means a personal representative of the person or estate 35
of a person who has been placed under a guardianship under RCW 36
11.130.265 or who has been placed under a conservatorship under RCW 37
p. 3 HB 2603
11.130.360 and the term may be used in lieu of "personal 1
representative" wherever required by context. 2
(9) "Heirs" denotes those persons, including the surviving spouse 3
or surviving domestic partner, who are entitled under the statutes of 4
intestate succession to the real and personal property of a decedent 5
on the decedent's death intestate. 6
(10) "Internal revenue code" means the United States internal 7
revenue code of 1986, as amended or renumbered as of January 1, 2001.8
(11) "Issue" means all the lineal descendants of an individual. 9
An adopted individual is a lineal descendant of each of his or her 10
adoptive parents and of all individuals with regard to which each 11
adoptive parent is a lineal descendant. A child conceived prior to 12
the death of a parent but born after the death of the deceased parent 13
is considered to be the surviving issue of the deceased parent for 14
purposes of this title. 15
(12) "Net estate" refers to the real and personal property of a 16
decedent exclusive of homestead rights, exempt property, the family 17
allowance and enforceable claims against, and debts of, the deceased 18
or the estate. 19
(13) "Nonprobate asset" means those rights and interests of a 20
person having beneficial ownership of an asset that pass on the 21
person's death under a written instrument or arrangement other than 22
the person's will. "Nonprobate asset" includes, but is not limited 23
to, a right or interest passing under a joint tenancy with right of 24
survivorship, joint bank account with right of survivorship, transfer 25
on death deed, transfer on death title under section 2 of this act, 26
payable on death or trust bank account, transfer on death security or 27
security account, deed or conveyance if possession has been postponed 28
until the death of the person, trust of which the person is grantor 29
and that becomes effective or irrevocable only upon the person's 30
death, community property agreement, individual retirement account or 31
bond, or note or other contract the payment or performance of which 32
is affected by the death of the person. "Nonprobate asset" does not 33
include: A payable-on-death provision of a life insurance policy, 34
annuity, or other similar contract, or of an employee benefit plan; a 35
right or interest passing by descent and distribution under chapter 36
11.04 RCW; a right or interest if, before death, the person has 37
irrevocably transferred the right or interest, the person has waived 38
the power to transfer it or, in the case of contractual arrangement, 39
the person has waived the unilateral right to rescind or modify the 40
p. 4 HB 2603
arrangement; or a right or interest held by the person solely in a 1
fiduciary capacity. For the definition of "nonprobate asset" relating 2
to revocation of a provision for a former spouse upon dissolution of 3
marriage or declaration of invalidity of marriage, RCW 11.07.010(5) 4
applies. For the definition of "nonprobate asset" relating to 5
testamentary disposition of nonprobate assets, see RCW 11.11.010(7).6
(14) "Personal representative" includes executor, administrator, 7
special administrator, and conservator or limited conservator and 8
special representative. 9
(15) "Real estate" includes, except as otherwise specifically 10
provided herein, all lands, tenements, and hereditaments, and all 11
rights thereto, and all interest therein possessed and claimed in fee 12
simple, or for the life of a third person. 13
(16) "Record" means information that is inscribed on a tangible 14
medium or that is stored in an electronic or other medium and is 15
retrievable in perceivable form. 16
(17) "Representation" refers to a method of determining 17
distribution in which the takers are in unequal degrees of kinship 18
with respect to a decedent, and is accomplished as follows: After 19
first determining who, of those entitled to share in the estate, are 20
in the nearest degree of kinship, the estate is divided into equal 21
shares, the number of shares being the sum of the number of persons 22
who survive the decedent who are in the nearest degree of kinship and 23
the number of persons in the same degree of kinship who died before 24
the decedent but who left issue surviving the decedent; each share of 25
a deceased person in the nearest degree must be divided among those 26
of the deceased person's issue who survive the decedent and have no 27
ancestor then living who is in the line of relationship between them 28
and the decedent, those more remote in degree taking together the 29
share which their ancestor would have taken had he or she survived 30
the decedent. 31
(18) References to "section 2033A" of the internal revenue code 32
in wills, trust agreements, powers of appointment, beneficiary 33
designations, and other instruments governed by or subject to this 34
title are deemed to refer to the comparable or corresponding 35
provisions of section 2057 of the internal revenue code, as added by 36
section 6006(b) of the internal revenue service restructuring act of 37
1998 (H.R. 2676, P.L. 105-206); and references to the section 2033A 38
"exclusion" are deemed to mean the section 2057 deduction.39
p. 5 HB 2603
(19) "Settlor" has the same meaning as provided for "trustor" in 1
this section. 2
(20) "Special administrator" means a personal representative of 3
the estate of a decedent appointed for limited purposes and the term 4
may be used in lieu of "personal representative" wherever required by 5
context. 6
(21) "Surviving spouse" or "surviving domestic partner" does not 7
include an individual whose marriage to or state registered domestic 8
partnership with the decedent has been terminated, dissolved, or 9
invalidated unless, by virtue of a subsequent marriage or state 10
registered domestic partnership, he or she is married to or in a 11
domestic partnership with the decedent at the time of death. A decree 12
of separation that does not terminate the status of spouses or 13
domestic partners is not a dissolution or invalidation for purposes 14
of this subsection. 15
(22) "Trustee" means an original, added, or successor trustee and 16
includes the state, or any agency thereof, when it is acting as the 17
trustee of a trust to which chapter 11.98 RCW applies.18
(23) "Trustor" means a person, including a testator, who creates, 19
or contributes property to, a trust. 20
(24) "Will" means an instrument validly executed as required by 21
RCW 11.12.020 or 11.12.400 through 11.12.491. 22
Words that import the singular number may also be applied to the 23
plural of persons and things. 24
Words importing the masculine gender only may be extended to 25
females also. 26
Sec. 6. RCW 11.07.010 and 2014 c 58 s 19 are each amended to 27
read as follows: 28
(1) This section applies to all nonprobate assets, wherever 29
situated, held at the time of entry of a decree of dissolution of 30
marriage or state registered domestic partnership or a declaration of 31
invalidity or certification of termination of a state registered 32
domestic partnership. 33
(2)(a) If a marriage or state registered domestic partnership is 34
dissolved or invalidated, or a state registered domestic partnership 35
terminated, a provision made prior to that event that relates to the 36
payment or transfer at death of the decedent's interest in a 37
nonprobate asset in favor of or granting an interest or power to the 38
decedent's former spouse or state registered domestic partner, is 39
p. 6 HB 2603
revoked. A provision affected by this section must be interpreted, 1
and the nonprobate asset affected passes, as if the former spouse or 2
former state registered domestic partner, failed to survive the 3
decedent, having died at the time of entry of the decree of 4
dissolution or declaration of invalidity or termination of state 5
registered domestic partnership. 6
(b) This subsection does not apply if and to the extent that:7
(i) The instrument governing disposition of the nonprobate asset 8
expressly provides otherwise; 9
(ii) The decree of dissolution, declaration of invalidity, or 10
other court order requires that the decedent maintain a nonprobate 11
asset for the benefit of a former spouse or former state registered 12
domestic partner or children of the marriage or domestic partnership, 13
payable on the decedent's death either outright or in trust, and 14
other nonprobate assets of the decedent fulfilling such a requirement 15
for the benefit of the former spouse or former state registered 16
domestic partner or children of the marriage or domestic partnership 17
do not exist at the decedent's death; 18
(iii) A court order requires that the decedent maintain a 19
nonprobate asset for the benefit of another, payable on the 20
decedent's death either outright or in a trust, and other nonprobate 21
assets of the decedent fulfilling such a requirement do not exist at 22
the decedent's death; or 23
(iv) If not for this subsection, the decedent could not have 24
effected the revocation by unilateral action because of the terms of 25
the decree, declaration, termination of state registered domestic 26
partnership, or for any other reason, immediately after the entry of 27
the decree of dissolution, declaration of invalidity, or termination 28
of state registered domestic partnership. 29
(3)(a) A payor or other third party in possession or control of a 30
nonprobate asset at the time of the decedent's death is not liable 31
for making a payment or transferring an interest in a nonprobate 32
asset to a decedent's former spouse or state registered domestic 33
partner, whose interest in the nonprobate asset is revoked under this 34
section, or for taking another action in reliance on the validity of 35
the instrument governing disposition of the nonprobate asset, before 36
the payor or other third party has actual knowledge of the 37
dissolution or other invalidation of marriage or termination of the 38
state registered domestic partnership. A payor or other third party 39
is liable for a payment or transfer made or other action taken after 40
p. 7 HB 2603
the payor or other third party has actual knowledge of a revocation 1
under this section. 2
(b) This section does not require a payor or other third party to 3
pay or transfer a nonprobate asset to a beneficiary designated in a 4
governing instrument affected by the dissolution or other 5
invalidation of marriage or termination of state registered domestic 6
partnership, or to another person claiming an interest in the 7
nonprobate asset, if the payor or third party has actual knowledge of 8
the existence of a dispute between the former spouse or former state 9
registered domestic partner, and the beneficiaries or other persons 10
concerning rights of ownership of the nonprobate asset as a result of 11
the application of this section among the former spouse or former 12
state registered domestic partner, and the beneficiaries or among 13
other persons, or if the payor or third party is otherwise uncertain 14
as to who is entitled to the nonprobate asset under this section. In 15
such a case, the payor or third party may, without liability, notify 16
in writing all beneficiaries or other persons claiming an interest in 17
the nonprobate asset of either the existence of the dispute or its 18
uncertainty as to who is entitled to payment or transfer of the 19
nonprobate asset. The payor or third party may also, without 20
liability, refuse to pay or transfer a nonprobate asset in such a 21
circumstance to a beneficiary or other person claiming an interest 22
until the time that either: 23
(i) All beneficiaries and other interested persons claiming an 24
interest have consented in writing to the payment or transfer; or25
(ii) The payment or transfer is authorized or directed by a court 26
of proper jurisdiction. 27
(c) Notwithstanding subsections (1) and (2) of this section and 28
(a) and (b) of this subsection, a payor or other third party having 29
actual knowledge of the existence of a dispute between beneficiaries 30
or other persons concerning rights to a nonprobate asset as a result 31
of the application of this section may condition the payment or 32
transfer of the nonprobate asset on execution, in a form and with 33
security acceptable to the payor or other third party, of a bond in 34
an amount that is double the fair market value of the nonprobate 35
asset at the time of the decedent's death or the amount of an adverse 36
claim, whichever is the lesser, or of a similar instrument to provide 37
security to the payor or other third party, indemnifying the payor or 38
other third party for any liability, loss, damage, costs, and 39
p. 8 HB 2603
expenses for and on account of payment or transfer of the nonprobate 1
asset. 2
(d) As used in this subsection, "actual knowledge" means, for a 3
payor or other third party in possession or control of the nonprobate 4
asset at or following the decedent's death, written notice to the 5
payor or other third party, or to an officer of a payor or third 6
party in the course of his or her employment, received after the 7
decedent's death and within a time that is sufficient to afford the 8
payor or third party a reasonable opportunity to act upon the 9
knowledge. The notice must identify the nonprobate asset with 10
reasonable specificity. The notice also must be sufficient to inform 11
the payor or other third party of the revocation of the provisions in 12
favor of the decedent's spouse or state registered domestic partner, 13
by reason of the dissolution or invalidation of marriage or 14
termination of state registered domestic partnership, or to inform 15
the payor or third party of a dispute concerning rights to a 16
nonprobate asset as a result of the application of this section. 17
Receipt of the notice for a period of more than ((thirty)) 30 days is 18
presumed to be received within a time that is sufficient to afford 19
the payor or third party a reasonable opportunity to act upon the 20
knowledge, but receipt of the notice for a period of less than five 21
business days is presumed not to be a sufficient time for these 22
purposes. These presumptions may be rebutted only by clear and 23
convincing evidence to the contrary. 24
(4)(a) A person who purchases a nonprobate asset from a former 25
spouse, former state registered domestic partner, or other person, 26
for value and without actual knowledge, or who receives from a former 27
spouse, former state registered domestic partner, or other person 28
payment or transfer of a nonprobate asset without actual knowledge 29
and in partial or full satisfaction of a legally enforceable 30
obligation, is neither obligated under this section to return the 31
payment, property, or benefit nor is liable under this section for 32
the amount of the payment or the value of the nonprobate asset. 33
However, a former spouse, former state registered domestic partner, 34
or other person who, with actual knowledge, not for value, or not in 35
satisfaction of a legally enforceable obligation, receives payment or 36
transfer of a nonprobate asset to which that person is not entitled 37
under this section is obligated to return the payment or nonprobate 38
asset, or is personally liable for the amount of the payment or value 39
p. 9 HB 2603
of the nonprobate asset, to the person who is entitled to it under 1
this section. 2
(b) As used in this subsection, "actual knowledge" means, for a 3
person described in (a) of this subsection who purchases or receives 4
a nonprobate asset from a former spouse, former state registered 5
domestic partner, or other person, personal knowledge or possession 6
of documents relating to the revocation upon dissolution or 7
invalidation of marriage of provisions relating to the payment or 8
transfer at the decedent's death of the nonprobate asset, received 9
within a time after the decedent's death and before the purchase or 10
receipt that is sufficient to afford the person purchasing or 11
receiving the nonprobate asset reasonable opportunity to act upon the 12
knowledge. Receipt of the personal knowledge or possession of the 13
documents for a period of more than ((thirty)) 30 days is presumed to 14
be received within a time that is sufficient to afford the payor or 15
third party a reasonable opportunity to act upon the knowledge, but 16
receipt of the notice for a period of less than five business days is 17
presumed not to be a sufficient time for these purposes. These 18
presumptions may be rebutted only by clear and convincing evidence to 19
the contrary. 20
(5)(a) As used in this section, "nonprobate asset" means those 21
rights and interests of a person having beneficial ownership of an 22
asset that pass on the person's death under only the following 23
written instruments or arrangements other than the decedent's will:24
(i) A payable-on-death provision of a life insurance policy, 25
employee benefit plan, annuity or similar contract, or individual 26
retirement account, unless provided otherwise by controlling federal 27
law; 28
(ii) A payable-on-death, trust, or joint with right of 29
survivorship bank account; 30
(iii) A trust of which the person is a grantor and that becomes 31
effective or irrevocable only upon the person's death;32
(iv) Transfer on death beneficiary designations of a transfer on 33
death or pay on death security, or joint tenancy or joint tenancy 34
with right of survivorship designations of a security, if such 35
designations are authorized under Washington law; 36
(v) A transfer on death, pay on death, joint tenancy, or joint 37
tenancy with right of survivorship brokerage account;38
(vi) A transfer on death deed , or transfer on death title under 39
section 2 of this act; 40
p. 10 HB 2603
(vii) Unless otherwise specifically provided therein, a contract 1
wherein payment or performance under that contract is affected by the 2
death of the person; or 3
(viii) Unless otherwise specifically provided therein, any other 4
written instrument of transfer, within the meaning of RCW 5
11.02.091(3), containing a provision for the nonprobate transfer of 6
an asset at death. 7
(b) For the general definition in this title of "nonprobate 8
asset," see RCW 11.02.005(((10))) (13) and for the definition of 9
"nonprobate asset" relating to testamentary disposition of nonprobate 10
assets, see RCW 11.11.010(7). For the purposes of this chapter, a 11
"bank account" includes an account into or from which cash deposits 12
and withdrawals can be made, and includes demand deposit accounts, 13
time deposit accounts, money market accounts, or certificates of 14
deposit, maintained at a bank, savings and loan association, credit 15
union, brokerage house, or similar financial institution.16
(6) This section is remedial in nature and applies as of July 25, 17
1993, to decrees of dissolution and declarations of invalidity 18
entered after July 24, 1993, and this section applies as of January 19
1, 1995, to decrees of dissolution and declarations of invalidity 20
entered before July 25, 1993. 21
Sec. 7. RCW 11.11.010 and 2014 c 58 s 20 are each amended to 22
read as follows: 23
The definitions in this section apply throughout this chapter 24
unless the context clearly requires otherwise. 25
(1)(a) "Actual knowledge" means: 26
(i) For a financial institution, whether acting as personal 27
representative or otherwise, or other third party in possession or 28
control of a nonprobate asset, receipt of written notice that: (A) 29
Complies with RCW 11.11.050; (B) pertains to the testamentary 30
disposition or ownership of a nonprobate asset in its possession or 31
control; and (C) is received by the financial institution or third 32
party after the death of the owner in a time sufficient to afford the 33
financial institution or third party a reasonable opportunity to act 34
upon the knowledge; and 35
(ii) For a personal representative that is not a financial 36
institution, personal knowledge or possession of documents relating 37
to the testamentary disposition or ownership of a nonprobate asset of 38
the owner sufficient to afford the personal representative reasonable 39
p. 11 HB 2603
opportunity to act upon the knowledge, including reasonable 1
opportunity for the personal representative to provide the written 2
notice under RCW 11.11.050. 3
(b) For the purposes of (a) of this subsection, notice of more 4
than ((thirty)) 30 days is presumed to be notice that is sufficient 5
to afford the party a reasonable opportunity to act upon the 6
knowledge, but notice of less than five business days is presumed not 7
to be a sufficient notice for these purposes. These presumptions may 8
be rebutted only by clear and convincing evidence to the contrary.9
(2) "Beneficiary" means the person designated to receive a 10
nonprobate asset upon the death of the owner by means other than the 11
owner's will. 12
(3) "Broker" means a person defined as a broker or dealer under 13
the federal securities laws. 14
(4) "Date of will" means, as to any nonprobate asset, the date of 15
signature of the will or codicil that refers to the asset and 16
disposes of it. 17
(5) "Designate" means a written means by which the owner selects 18
a beneficiary ((,)) including, but not limited to , instruments under 19
contractual arrangements and registration of accounts, and 20
"designation" means the selection. 21
(6) "Financial institution" means: A bank, trust company, mutual 22
savings bank, savings and loan association, credit union, broker, or 23
issuer of stock or its transfer agent. 24
(7)(a) "Nonprobate asset" means a nonprobate asset within the 25
meaning of RCW 11.02.005, but excluding the following:26
(i) A right or interest in real property passing under a joint 27
tenancy with right of survivorship; 28
(ii) A deed or conveyance for which possession has been postponed 29
until the death of the owner; 30
(iii) A transfer on death deed , or transfer on death title under 31
section 2 of this act; 32
(iv) A right or interest passing under a community property 33
agreement; and 34
(v) An individual retirement account or bond. 35
(b) For the definition of "nonprobate asset" relating to 36
revocation of a provision for a former spouse or former domestic 37
partner upon dissolution of marriage or state registered domestic 38
partnership or declaration of invalidity of marriage or state 39
registered domestic partnership, see RCW 11.07.010(5).40
p. 12 HB 2603
(8) "Owner" means a person who, during life, has beneficial 1
ownership of the nonprobate asset. 2
(9) "Request" means a request by the beneficiary for transfer of 3
a nonprobate asset after the death of the owner, if it complies with 4
all conditions of the arrangement, including reasonable special 5
requirements concerning necessary signatures and regulations of the 6
financial institution or other third party, or by the personal 7
representative of the owner's estate or the testamentary beneficiary, 8
if it complies with the owner's will and any additional conditions of 9
the financial institution or third party for such transfer.10
(10) "Testamentary beneficiary" means a person named under the 11
owner's will to receive a nonprobate asset under this chapter, 12
including but not limited to the trustee of a testamentary trust.13
(11) "Third party" means a person, including a financial 14
institution, having possession of or control over a nonprobate asset 15
at the death of the owner, including the trustee of a revocable 16
living trust and surviving joint tenant or tenants.17
Sec. 8. RCW 11.86.011 and 2014 c 58 s 22 are each reenacted and 18
amended to read as follows: 19
Unless the context clearly requires otherwise, the definitions in 20
this section apply throughout this chapter. 21
(1) "Beneficiary" means the person entitled, but for the person's 22
disclaimer, to take an interest. 23
(2) "Creator of the interest" means a person who establishes, 24
declares, or otherwise creates an interest. 25
(3)(a) "Date of the transfer" means: 26
(i) For an inter vivos transfer, the date of the creation of the 27
interest; or 28
(ii) For a transfer upon the death of the creator of the 29
interest, the date of the death of the creator. 30
(b) A joint tenancy interest of a deceased joint tenant is deemed 31
to be transferred at the death of the joint tenant rather than at the 32
creation of the joint tenancy. 33
(4) "Disclaimant" means a beneficiary who executes a disclaimer 34
on his or her own behalf or a person who executes a disclaimer on 35
behalf of a beneficiary. 36
(5) "Disclaimer" means any writing ((which)) that declines, 37
refuses, renounces, or disclaims any interest that would otherwise be 38
taken by a beneficiary. 39
p. 13 HB 2603
(6) "Interest" includes the whole of any property, real or 1
personal, legal or equitable, or any fractional part, share, or 2
particular portion or specific assets thereof, any vested or 3
contingent interest in any such property, any power to appoint, 4
consume, apply, or expend property, or any other right, power, 5
privilege, or immunity relating to property. "Interest" includes, but 6
is not limited to, an interest created in any of the following 7
manners: 8
(a) By intestate succession; 9
(b) Under a will; 10
(c) Under a trust; 11
(d) By succession to a disclaimed interest; 12
(e) By virtue of an election to take against a will;13
(f) By creation of a power of appointment; 14
(g) By exercise or nonexercise of a power of appointment;15
(h) By an inter vivos gift, whether outright or in trust;16
(i) By surviving the death of a depositor of a trust or P.O.D. 17
account within the meaning of RCW ((30.22.040)) 30A.22.040;18
(j) Under an insurance or annuity contract; 19
(k) By surviving the death of another joint tenant;20
(l) Under an employee benefit plan; 21
(m) Under an individual retirement account, annuity, or bond;22
(n) Under a community property agreement; 23
(o) By surviving the death of a transferor ((of)), a transfer on 24
death deed, or a transfer on death title; or 25
(p) Any other interest created by any testamentary or inter vivos 26
instrument or by operation of law. 27
(7) "Person" means an individual, corporation, government, 28
governmental subdivision or agency, business trust, estate, trust, 29
partnership, association, or other entity. 30
Sec. 9. RCW 46.12.540 and 2010 c 161 s 305 are each amended to 31
read as follows: 32
(1) The department shall issue an electronic record of ownership 33
or a written certificate of title if the department is satisfied from 34
the statements on the application that the applicant is the legal 35
owner of the vehicle or otherwise entitled to have a certificate of 36
title in the applicant's name. 37
(2) Each certificate of title issued by the department must 38
contain: 39
p. 14 HB 2603
(a) The date of application; 1
(b) The certificate of title number assigned to the vehicle;2
(c) The name and address of the registered owner and legal owner;3
(d) The vehicle identification number; 4
(e) The mileage reading, if required, as provided by the odometer 5
disclosure statement submitted with the application involving a 6
transfer of ownership; 7
(f) A notation that the recorded mileage is actual, not actual, 8
or exceeds mechanical limits; 9
(g) A blank space on the face of the certificate of title for the 10
signature of the registered owner; 11
(h) Information on whether the vehicle was ever registered and 12
operated as an exempt vehicle or taxicab; 13
(i) A brand conspicuously shown across its front if indicating 14
that the vehicle has been rebuilt after becoming a salvage vehicle;15
(j) The director's signature and the seal of the department; 16
((and))17
(k) For a transfer on death title as provided in section 2 of 18
this act, the designated beneficiary immediately preceded by 19
"TRANSFER ON DEATH" or the abbreviation "TOD"; and20
(l) Any other description of the vehicle and facts the department 21
may require. 22
(3) The department shall deliver the registration certificate to 23
the registered owner and the certificate of title to the legal owner, 24
or both to the person who is both the registered owner and legal 25
owner. 26
Sec. 10. RCW 46.12.530 and 2019 c 232 s 18 are each amended to 27
read as follows: 28
(1) The application for a certificate of title of a vehicle must 29
be made by the owner or owner's representative to the department, 30
county auditor or other agent, or subagent appointed by the director 31
on a form furnished or approved by the department and must contain:32
(a) A description of the vehicle, including make, model, vehicle 33
identification number, type of body, and the odometer reading at the 34
time of delivery of the vehicle; 35
(b) The name and address of the person who is to be the 36
registered owner of the vehicle and, if the vehicle is subject to a 37
security interest, the name and address of the secured party; and38
(c) Other information the department may require.39
p. 15 HB 2603
(2) The department may require additional information and a 1
physical examination of the vehicle or of any class of vehicles, or 2
either. 3
(3) The application for a certificate of title must contain a 4
transfer on death option to designate a beneficiary as provided in 5
section 2 of this act.6
(4) The application for a certificate of title must be signed by 7
the person applying to be the registered owner and be sworn to by 8
that person in the manner described under chapter 5.50 RCW. The 9
department shall keep the application in the original, computer, or 10
photostatic form. 11
(((4))) (5) The application for an original certificate of title 12
must be accompanied by: 13
(a) A draft, money order, certified bank check, or cash for all 14
fees and taxes due for the application for certificate of title; and15
(b) The most recent certificate of title or other satisfactory 16
evidence of ownership. 17
(((5))) (6) Once issued, a certificate of title is not subject to 18
renewal. 19
(((6))) (7) Whenever any person, after applying for or receiving 20
a certificate of title, moves from the address named in the 21
application or in the certificate of title issued to him or her, or 22
changes his or her name of record, the person shall, within ((ten)) 23
10 days thereafter, notify the department of the name or address 24
change as provided in RCW 46.08.195. 25
Sec. 11. RCW 46.12.555 and 2019 c 232 s 19 are each amended to 26
read as follows: 27
(1) The application for a quick title of a vehicle must be 28
submitted by the owner or the owner's representative to the 29
department, participating county auditor or other agent, or subagent 30
appointed by the director on a form furnished or approved by the 31
department and must contain: 32
(a) A description of the vehicle, including make, model, vehicle 33
identification number, type of body, and the odometer reading at the 34
time of delivery of the vehicle, when required; 35
(b) The name and address of the person who is to be the 36
registered owner of the vehicle and, if the vehicle is subject to a 37
security interest, the name and address of the secured party; and38
(c) Other information as may be required by the department.39
p. 16 HB 2603
(2) The application for a quick title must contain a transfer on 1
death option to designate a beneficiary as provided in section 2 of 2
this act.3
(3) The application for a quick title must be signed by the 4
person applying to be the registered owner and be sworn to by that 5
person in the manner described under chapter 5.50 RCW. The department 6
must keep a copy of the application. 7
(((3))) (4) The application for a quick title must be accompanied 8
by: 9
(a) All fees and taxes due for an application for a certificate 10
of title, including a quick title service fee under RCW 46.17.160; 11
and 12
(b) The most recent certificate of title or other satisfactory 13
evidence of ownership. 14
(((4))) (5) All applications for quick title must meet the 15
requirements established by the department. 16
(((5))) (6) For the purposes of this section, "quick title" means 17
a certificate of title printed at the time of application.18
(((6))) (7) The quick title process authorized under this section 19
may not be used to obtain the first title issued to a vehicle 20
previously designated as a salvage vehicle as defined in RCW 21
46.04.514. 22
(((7))) (8) A subagent may process a quick title under this 23
section in accordance with rules adopted by the department.24
Sec. 12. RCW 46.12.670 and 2010 c 161 s 313 and 2010 c 8 s 9005 25
are each reenacted and amended to read as follows:26
(1) The department shall file and index certificates of title 27
when assigned and returned to the department, together with 28
subsequent transactions so that at all times it will be possible to 29
trace ownership to the vehicle designated on each certificate of 30
title. 31
(2)(a) ((A)) Except as provided under (c) of this subsection, a 32
person who acquires an interest in a vehicle, other than by voluntary 33
transfer, shall within ((fifteen)) 15 days mail or deliver to the 34
department, county auditor or other agent, or subagent appointed by 35
the director: 36
(i) The last certificate of title if available;37
(ii) Proof of transfer; and 38
(iii) An application for a new certificate of title.39
p. 17 HB 2603
(b) This subsection shall not apply to transactions described in 1
subsection (4) of this section. 2
(c) A person who acquires an interest in a vehicle under a 3
transfer on death title as provided in section 2 of this act must 4
submit the following to transfer ownership:5
(i) The last certificate of title if available;6
(ii) A death certificate for the previous owner; and7
(iii) An application for a new certificate of title.8
(3) A secured party named in the certificate of title who 9
repossesses a vehicle under a security agreement shall within 10
((fifteen)) 15 days mail or deliver to the department, county auditor 11
or other agent, or subagent appointed by the director:12
(a) The last certificate of title; 13
(b) An application for a new certificate of title; and14
(c) An affidavit made by or on the behalf of the secured party 15
that the vehicle was repossessed and that the interest of the owner 16
was lawfully terminated or sold under the terms of the security 17
agreement. 18
(4) A secured party named in the certificate of title who holds 19
the vehicle for resale is not required to apply for a new certificate 20
of title. When the vehicle is sold, the secured party shall promptly 21
mail or deliver to the buyer or to the department, county auditor or 22
other agent, or subagent appointed by the director:23
(a) The certificate of title; 24
(b) An affidavit made by or on the behalf of the secured party 25
that the vehicle was repossessed and that the interest of the owner 26
was lawfully terminated or sold under the terms of the security 27
agreement; and 28
(c) Any other documents required to be sent to the department by 29
the buyer. 30
NEW SECTION. Sec. 13. If any provision of this act or its 31
application to any person or circumstance is held invalid, the 32
remainder of the act or the application of the provision to other 33
persons or circumstances is not affected.34
NEW SECTION. Sec. 14. Sections 1 through 4 of this act 35
constitute a new chapter in Title 11 RCW.36
--- END ---
p. 18 HB 2603