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House Study Bill 57 - IntroducedA Bill ForAn Act 1exempting co-owners of motor vehicles of deceased
2persons from fees related to the issuance of certificates of
3title.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.47, subsection 2, Code 2017, is
2amended to read as follows:
32. The persons entitled under the laws of descent and
4distribution of an intestate’s property to the possession
5and ownership of a vehicle owned in whole or in part by a
6decedent, upon filing an affidavit stating the name and date of
7death of the decedent, the right to possession and ownership
8of the persons filing the affidavit, and that there has been
9no administration of the decedent’s estate, which instrument
10shall also contain an agreement to indemnify creditors of
11the decedent who would be entitled to levy execution upon
12the motor vehicle to the extent of the value of the motor
13vehicle, are entitled upon fulfilling the other requirements of
14this chapter, to the issuance of a registration card for the
15interest of the decedent in the vehicle and a certificate of
16title to it. If a decedent dies testate, and either the will is
17not probated or is admitted to probate without administration,
18the persons entitled to the possession and ownership of a
19vehicle owned in whole or in part by the decedent may file
20an affidavit and, upon fulfilling the other requirements of
21this chapter, are entitled to the issuance of a registration
22card for the interest of the decedent in the vehicle and a
23certificate of title to the vehicle. The affidavit shall
24contain the same information and indemnity agreement as is
25required in cases of intestacy pursuant to this section. A
26requirement of chapter 450 shall not be considered satisfied by
27the filing of the affidavit provided for in this section. If,
28from the records in the office of the county treasurer, there
29appear to be any liens on the vehicle, the certificate of title
30shall contain a statement of the liens unless the application
31is accompanied by proper evidence of their satisfaction or
32extinction. Evidence of extinction may consist of, but is
33not limited to, an affidavit of the applicant stating that a
34security interest was foreclosed as provided in chapter 554,
35article 9, part 6. The department shall waive the certificate
-1-1of title fee and surcharge required under sections 321.20,
2321.20A, 321.23, 321.46, 321.52, and 321.52A if the person
3entitled to possession and ownership of a vehicle, as provided
4in this subsection, is the surviving spouse of a decedent or a
5co-owner listed on the certificate of title of the vehicle.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9Under current law, a person who is entitled to possession
10and ownership of a motor vehicle owned in whole or in part
11by a deceased person is also entitled to the issuance of
12a certificate of title for the vehicle. The department
13of transportation (DOT) is required to waive the fees and
14surcharges related to the issuance of the certificate of title
15if the person is a surviving spouse of the deceased person.
16This bill requires the DOT to also waive the fees and
17surcharges related to the issuance of the certificate of title
18if the person is a co-owner listed on the certificate of title
19of the vehicle.
-2-ns/nh
2persons from fees related to the issuance of certificates of
3title.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.47, subsection 2, Code 2017, is
2amended to read as follows:
32. The persons entitled under the laws of descent and
4distribution of an intestate’s property to the possession
5and ownership of a vehicle owned in whole or in part by a
6decedent, upon filing an affidavit stating the name and date of
7death of the decedent, the right to possession and ownership
8of the persons filing the affidavit, and that there has been
9no administration of the decedent’s estate, which instrument
10shall also contain an agreement to indemnify creditors of
11the decedent who would be entitled to levy execution upon
12the motor vehicle to the extent of the value of the motor
13vehicle, are entitled upon fulfilling the other requirements of
14this chapter, to the issuance of a registration card for the
15interest of the decedent in the vehicle and a certificate of
16title to it. If a decedent dies testate, and either the will is
17not probated or is admitted to probate without administration,
18the persons entitled to the possession and ownership of a
19vehicle owned in whole or in part by the decedent may file
20an affidavit and, upon fulfilling the other requirements of
21this chapter, are entitled to the issuance of a registration
22card for the interest of the decedent in the vehicle and a
23certificate of title to the vehicle. The affidavit shall
24contain the same information and indemnity agreement as is
25required in cases of intestacy pursuant to this section. A
26requirement of chapter 450 shall not be considered satisfied by
27the filing of the affidavit provided for in this section. If,
28from the records in the office of the county treasurer, there
29appear to be any liens on the vehicle, the certificate of title
30shall contain a statement of the liens unless the application
31is accompanied by proper evidence of their satisfaction or
32extinction. Evidence of extinction may consist of, but is
33not limited to, an affidavit of the applicant stating that a
34security interest was foreclosed as provided in chapter 554,
35article 9, part 6. The department shall waive the certificate
-1-1of title fee and surcharge required under sections 321.20,
2321.20A, 321.23, 321.46, 321.52, and 321.52A if the person
3entitled to possession and ownership of a vehicle, as provided
4in this subsection, is the surviving spouse of a decedent or a
5co-owner listed on the certificate of title of the vehicle.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9Under current law, a person who is entitled to possession
10and ownership of a motor vehicle owned in whole or in part
11by a deceased person is also entitled to the issuance of
12a certificate of title for the vehicle. The department
13of transportation (DOT) is required to waive the fees and
14surcharges related to the issuance of the certificate of title
15if the person is a surviving spouse of the deceased person.
16This bill requires the DOT to also waive the fees and
17surcharges related to the issuance of the certificate of title
18if the person is a co-owner listed on the certificate of title
19of the vehicle.
-2-ns/nh