§ 31-3.1-37 - Passage of title upon death of owner.
SECTION 31-3.1-37
§ 31-3.1-37 Passage of title upon death ofowner. – Unless otherwise provided in the last will and testament of a decedent, anymotor vehicle(s) owned by the decedent shall belong, and title to them shallpass, to the surviving spouse.
(a) The administrator of the division of motor vehicles shallregister the motor vehicle(s) in the name of the surviving spouse uponpresentation to the division of motor vehicles of:
(1) A certified copy of the death certificate of the deceasedspouse;
(2) Registration(s) of the motor vehicle(s) of the deceasedspouse.
(b) No fee shall be charged to the surviving spouse forissuance of a new certificate of title.
(c) A surviving spouse shall not be charged a registrationfee during the year he or she is registering the vehicle(s) in his or her nameand having a new certificate of title issued,
(1) Where the deceased spouse registered that motorvehicle(s) with the division of motor vehicles; and
(2) Paid the registration fees provided in § 31-6-1 forthe motor vehicle(s) for the year.
(d) Where the deceased spouse did not register the motorvehicle(s) or failed to pay a registration fee pursuant to § 31-6-1 forthe year in which the surviving spouse appears to register the motor vehicle(s)and have a new title certificate issued in his or her name, then the survivingspouse shall pay a pro rata amount of the annual registration fee for theremaining months of the year.