Do I Need a Vehicle Transfer on Death Designation in Utah?
Answer a few questions about how your vehicle is titled to see whether a transfer-on-death designation applies for avoiding probate on a vehicle.
Frequently Asked Questions
No. Utah does not offer a vehicle transfer-on-death designation. Utah's Motor Vehicle Act (Utah Code Title 41, Chapter 1a) does not authorize a transfer-on-death or beneficiary designation on a vehicle certificate of title. The titling part (Part 5) runs sections 41-1a-501 through 41-1a-523 with no TOD/beneficiary provision. Utah's transfer-on-death regimes are limited to real property (Uniform Real Property Transfer on Death Act, Utah Code 75-6-401 et seq.) and securities (Uniform TOD Security Registration Act, Utah Code 75-6-301 et seq.); neither covers motor vehicles. A deceased owner's vehicle is instead transferred by a small-estate / survivorship affidavit under Utah Code 75-3-1201.
Because Utah does not offer a vehicle TOD designation, the vehicle transfers through: Small-estate / survivorship affidavit under Utah Code 75-3-1201: the Motor Vehicle Division of the State Tax Commission retitles not more than four boats, motor vehicles, trailers, or semitrailers to the successor on Tax Commission form TC-569C ("Survivorship Affidavit"), 30 days after death, when no personal representative is appointed or pending and the estate (excluding those vehicles), less liens and encumbrances, does not exceed $100,000. The DMV additionally requires that there be no active lienholder on the vehicle., Joint ownership: Utah Code 75-6-201(4) deems any motor vehicle, trailer, semitrailer, or boat registration in the names of two or more individuals to be held in joint tenancy with right of survivorship unless otherwise indicated. At the DMV counter the outcome turns on how the names are joined: with "OR" the surviving owner acts on their own signature alone; with "AND" the surviving owner must also supply survivorship documentation for the deceased owner., Probate administration: where the small-estate affidavit does not apply, the vehicle passes under the decedent's will or Utah intestacy rules through the personal representative, who signs the title on the decedent's behalf on the strength of court documentation.. To keep other assets out of probate, SimplyTrust sets up a revocable trust online.
Without a vehicle TOD option, a Utah vehicle typically passes through the estate unless it is jointly titled or held in a trust, or qualifies for a small-estate transfer. Compare your options with the trust vs. will comparison.
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