HB 112: "An Act relating to the transfer of a title to a boat on the death of the owner; relating to the transfer of a title to a vehicle, including certain manufactured homes and trailers, on the death of the owner; allowing a person to act for the surviving spouse of a decedent to enforce liability against real property transferred at death; relating to changes of address; and providing for an effective date."
00 HOUSE BILL NO. 112 01 "An Act relating to the transfer of a title to a boat on the death of the owner; relating to 02 the transfer of a title to a vehicle, including certain manufactured homes and trailers, on 03 the death of the owner; allowing a person to act for the surviving spouse of a decedent to 04 enforce liability against real property transferred at death; relating to changes of 05 address; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 05.25 is amended by adding a new section to read: 08 Sec. 05.25.058. Transfer of certificate of title on death. The owner of a boat 09 for which the Department of Administration is required or allowed to issue a 10 certificate of title under this chapter may obtain a transfer on death title for the boat 11 under AS 13.33.401. 12 * Sec. 2. AS 13.33.101(a) is amended to read: 13 (a) A provision for a nonprobate transfer on death in an insurance policy,
01 contract of employment, bond, mortgage, promissory note, certificated or 02 uncertificated security, account agreement, custodial agreement, deposit agreement, 03 compensation plan, pension plan, individual retirement plan, employee benefit plan, 04 trust, conveyance, deed of gift, marital property agreement, or other written instrument 05 of a similar nature is nontestamentary. This subsection includes 06 (1) a written provision that 07 (A) [(1)] money or other benefits due to, controlled by, or 08 owned by a decedent before death must be paid after the decedent's death to a 09 person whom the decedent designates either in the instrument or in a separate 10 writing, including a will, executed either before or at the same time as the 11 instrument, or later; 12 (B) [(2)] money due or to become due under the instrument 13 ceases to be payable in the event of death of the promisee or the promisor 14 before payment or demand; or 15 (C) [(3)] property controlled by or owned by the decedent 16 before death that is the subject of the instrument passes to a person the 17 decedent designates either in the instrument or in a separate writing, including 18 a will, executed either before or at the same time as the instrument, or later; 19 and 20 (2) a transfer of a boat or vehicle by a transfer on death title under 21 AS 13.33.401. 22 * Sec. 3. AS 13.33 is amended by adding a new section to read: 23 Article 4. Transfer of Boat and Vehicle Title on Death. 24 Sec. 13.33.401. Transfer of certificate of title on death. (a) The owner of a 25 boat or vehicle for which the department is required or allowed to issue a certificate of 26 title may obtain a transfer on death title for the boat or vehicle. A transfer on death 27 title transfers the title to a designated beneficiary when the sole owner or the last 28 surviving joint owner dies. 29 (b) To obtain a transfer on death title for a boat or vehicle, the owner of the 30 boat or vehicle shall submit to the department an application on a form established by 31 the department and a fee for the transfer on death title. Each joint owner shall sign the
01 application to obtain, revoke, or change a transfer on death title. 02 (c) A transfer on death title must contain the words "transfer on death to" or 03 the abbreviation "TOD," followed by the names of not more than two designated 04 beneficiaries. 05 (d) A transfer on death title obtained under this section is effective without 06 (1) notice to, delivery to, or acceptance by the designated beneficiary; 07 or 08 (2) consideration. 09 (e) A transfer on death title is a nontestamentary transfer on death. 10 (f) The owner may revoke a transfer on death title or change the designated 11 beneficiary on a transfer on death title at any time during the owner's life without the 12 consent of or notice to the designated beneficiary. 13 (g) To revoke or change a transfer on death title, the owner shall 14 (1) transfer the boat or vehicle to another person and assign and deliver 15 the certificate of title for the boat or vehicle to the other person; or 16 (2) file with the department an application on a form established by the 17 department and pay a fee to the department to reissue the certificate of title for the 18 boat or vehicle without a designated beneficiary or with a different designated 19 beneficiary. 20 (h) A designated beneficiary may disclaim the designated beneficiary's interest 21 in the boat or vehicle under AS 13.70 (Uniform Disclaimer of Property Interests Act). 22 (i) Except as limited under (j) - (l) of this section, a designated beneficiary 23 takes the transfer on death title subject to the 24 (1) conveyances, encumbrances, assignments, contracts, liens, and 25 other interests to which the boat or vehicle is subject at the owner's death; and 26 (2) claims of creditors against the owner or the owner's estate. 27 (j) To the extent the owner's probate estate is insufficient to satisfy an allowed 28 claim against the estate, the costs of administration of the estate, or a statutory 29 allowance to a surviving spouse or child, the estate may enforce the liability against a 30 boat or vehicle transferred at the owner's death by a transfer on death title. 31 (k) If more than one boat or vehicle is transferred by one or more transfer on
01 death titles, the liability under (j) of this section is apportioned among the boats or 02 vehicles in proportion to the net values of the boats or vehicles at the owner's death. 03 (l) A proceeding to enforce a liability under (j) of this section shall begin not 04 later than 12 months after the owner's death. A proceeding to enforce a liability under 05 (j) of this section may not begin unless the personal representative of the owner's 06 estate has received a written demand by the surviving spouse, a creditor, a child of the 07 decedent, or a person acting for a child or the surviving spouse of the decedent. 08 (m) During the life of the owner, a transfer on death title does not 09 (1) affect an interest or right of the sole owner or a joint owner of the 10 boat or vehicle, including the right to transfer or encumber the boat or vehicle; 11 (2) affect an interest or right of the designated beneficiary, even if the 12 designated beneficiary has actual or constructive notice of the transfer on death title; 13 (3) affect an interest or right of a secured or unsecured creditor or 14 future creditor of the sole owner or a joint owner, even if the creditor has actual or 15 constructive notice of the transfer on death title; 16 (4) affect the eligibility of the sole owner, a joint owner, or a 17 designated beneficiary for any form of public assistance; 18 (5) create a legal or equitable interest in favor of the designated 19 beneficiary; or 20 (6) subject the boat or vehicle to the claims or service of process of a 21 creditor of the designated beneficiary. 22 (n) Except as otherwise provided in this section or in AS 13.12.203, 23 13.12.803, or 13.12.804, on the death of the owner, the title to the boat or vehicle is 24 transferred to the designated beneficiary, if the designated beneficiary survives the 25 owner by 120 hours. 26 (o) The department shall issue a new certificate of title for a boat or vehicle to 27 the designated beneficiary after the death of the owner if the designated beneficiary 28 otherwise satisfies this section and submits 29 (1) proof of the death of the owner by providing a death certificate, 30 another official record of the death, or other evidence of the death that is satisfactory 31 to the department; and
01 (2) an application on a form established by the department and pays a 02 fee to the department for the certificate of title. 03 (p) If a designated beneficiary obtains the title to a boat or vehicle under (o) of 04 this section and if the designated beneficiary consists of more than one person, the 05 persons hold the title as joint tenants with the right of survivorship and the department 06 shall issue the new title in the conjunctive. 07 (q) Except as provided in this section, a transfer on death title may not be 08 changed or revoked by will or another instrument, by a change in circumstances, or in 09 any other manner. 10 (r) The department may adopt regulations under AS 44.62 (Administrative 11 Procedure Act) to implement this section, including regulations establishing the forms 12 to be used under this section and the fees to be paid. 13 (s) In this section, 14 (1) "boat" means a boat for which the department is required or 15 allowed to issue a title under AS 05.25.055 or 05.25.056; 16 (2) "department" means Department of Administration; 17 (3) "designated beneficiary" means a person to whom a boat or vehicle 18 title is transferred by a transfer on death title; 19 (4) "joint owner" means an individual who owns a boat or vehicle with 20 one or more other individuals as joint tenants with a right of survivorship or as tenants 21 by the entirety; 22 (5) "owner" means 23 (A) the sole owner; or 24 (B) all joint owners; 25 (6) "person" includes a corporation, company, partnership, firm, 26 association, organization, trust, business trust, or society, as well as a natural person; 27 (7) "sole owner" means an individual who is the only person who owns 28 the boat or vehicle; 29 (8) "transfer on death title" means a certificate of title obtained under 30 (a) of this section that transfers the title of a boat or vehicle to a designated beneficiary 31 when the owner dies;
01 (9) "vehicle" means a vehicle for which the department is required or 02 allowed to issue a certificate of title under AS 28.10.201. 03 * Sec. 4. AS 13.48.110(c) is amended to read: 04 (c) A proceeding to enforce the liability under this section must be 05 commenced not later than 12 months after the transferor's death. A proceeding to 06 enforce the liability under (a) of this section may not be commenced unless the 07 personal representative of the transferor's estate has received a written demand by the 08 surviving spouse, a creditor, a child, or a person acting for a child or the surviving 09 spouse of the decedent. 10 * Sec. 5. AS 28.05.071 is amended by adding a new subsection to read: 11 (c) A person is not required to notify the appropriate department of a change 12 in mailing address under (a) of this section if the person authorizes the appropriate 13 department to change the person's mailing address automatically to match the current 14 mailing address maintained by the United States Postal Service. A person shall notify 15 the appropriate department under (a) of this section of a change in the person's 16 residence address if the person's residence address is different from the person's 17 mailing address. 18 * Sec. 6. AS 28.10 is amended by adding a new section to read: 19 Sec. 28.10.275. Transfer of certificate of title on death. In addition to the 20 transfer of a vehicle provided by AS 28.10.211, 28.10.271, or another statute, the 21 owner of a vehicle for which the department is required or allowed under 22 AS 28.10.201 to issue a certificate of title may obtain a transfer on death title for the 23 vehicle under AS 13.33.401. 24 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 TRANSITION: REGULATIONS. The Department of Administration may adopt 27 regulations necessary to implement AS 13.33.401, enacted by sec. 3 of this Act. The 28 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 29 effective date of sec. 3 of this Act. 30 * Sec. 8. Section 7 of this Act takes effect immediately under AS 01.10.070(c). 31 * Sec. 9. Except as provided in sec. 8 of this Act, this Act takes effect July 1, 2021.