Montana Code 61-3-226. Certificate of title — transfer on death
61-3-226. Certificate of title — transfer on death. (1) The owner or joint owners of a vehicle or vessel may arrange for nonprobate transfer of the vehicle’s or vessel’s title at the time of death of the owner or last surviving joint owner by completing the beneficiary designation on the application for certificate of title prescribed by the department.
Terms Used In Montana Code 61-3-226
- Authorized agent: means a person who has executed a written agreement with the department and is specifically authorized by the department to electronically access and update the department's motor vehicle titling, registration, or driver records, using an approved automated interface, for specific functions or purposes on behalf of a third party. See Montana Code 61-1-101
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Camper: means a structure designed to be mounted in the cargo area of a truck or attached to an incomplete vehicle for the purpose of providing shelter for persons. See Montana Code 61-1-101
- Certificate of title: means the paper record issued by the department or by the appropriate agency of another jurisdiction that establishes a verifiable record of ownership between an identified person or persons and the motor vehicle specifically described in the record and that provides notice of a perfected security interest in the motor vehicle. See Montana Code 61-1-101
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Lien: A claim against real or personal property in satisfaction of a debt.
- Owner: means each person who holds the legal title to a vehicle. See Montana Code 61-1-101
- Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101
- Vehicle identification number: means the number, letters, or combination of numbers and letters assigned by the manufacturer, by the department, or in accordance with the laws of another state or country for the purpose of identifying the motor vehicle or a component part of the motor vehicle. See Montana Code 61-1-101
- Vessel: means every description of watercraft, unless otherwise defined by the department, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Montana Code 61-1-101
(2)The beneficiary designation must include fields for the following information:
(a)the make, model, year, and vehicle identification number of the vehicle or vessel;
(b)the name and signature of the owner or every joint owner of the vehicle or vessel, signed under penalty of unsworn falsification as provided in 45-7-203; and
(c)the name of the beneficiary or the names of the beneficiaries of the vehicle or vessel.
(3)(a) A beneficiary designation is perfected when it is submitted to the department with an application for certificate of title and if it provides the information and signatures required in subsection (2).
(b)An instrument for the testamentary transfer of a vehicle or vessel does not invalidate a perfected beneficiary designation.
(4)The owner or joint owners of a vehicle or vessel may revoke a perfected beneficiary designation by:
(a)transferring the vehicle or vessel to the beneficiary or a third party before death; or
(b)submitting a new beneficiary designation with an application for certificate of title.
(5)(a) After the death of the owner or last surviving joint owner of a vehicle or vessel subject to a perfected beneficiary designation, the beneficiary may present the proof of death of the owner or joint owners of the vehicle or vessel listed as a beneficiary and identification of the beneficiary to the department, to the county treasurer’s office, or to an authorized agent and:
(i)request a replacement title for the vehicle or vessel; or
(ii)effect transfer of the title of the vehicle or vessel as required by 61-3-220.
(b)The beneficiary does not acquire any use, ownership, economic, or other interest in the vehicle or vessel until the beneficiary has filed the documents required by subsection (4) and the department, the county treasurer’s office, or an authorized agent has either issued a replacement title or effected the transfer of the title.
(6)This section does not limit the rights of a lienholder whose lien attached to the vehicle or vessel prior to the death of the owner or last surviving joint owner named on the beneficiary designation.
(7)As used in this section, the following definitions apply:
(a)”vehicle” means a vehicle or camper as those terms are defined by 61-1-101, manufactured home as defined by 15-24-201, mobile home as defined by 15-24-201, or other item for which a certificate of title is issued by the department and that have not been considered or declared an improvement to real property pursuant to 15-1-116;
(b)”vessel” means a vessel as defined by 61-1-101.