Memorandum

To: County Treasurers and Staff

From: Peggy Stalcup, Public Service Administrator III

Date: May 10, 2004

Subject: Decedent’s affidavits

Please find listed below rules and regulations surrounding the issuance of a decedent title.

·  When a Kansas resident dies without leaving a will, the surviving heir(s) are allowed to transfer vehicle(s) owned by the deceased into their name(s). The vehicle is required to be titled in the surviving heir’s name(s) before any transfer of ownership can be made. Husbands or wives cannot be added to the title at this time. Only direct heirs will be allowed to enter their names on the decedent affidavit and title application.

·  If all of the heirs do not wish to be listed on the title as owners, they may provide a bill of sale or disclaimer to the heir(s) to be listed as the owner on the Kansas title. All surviving heirs along with their relationship must be listed on the decedent affidavit. If the heirs do not wish to provide a bill of sale or disclaimer on the vehicle, they must apply for the title in the name of the estate or all heirs must be listed on the Kansas title.

·  The order of inheritance of a vehicle is as follows:

  1. Spouse
  2. Children
  3. Parents
  4. Siblings
  5. Grandparents
  6. Nieces/Nephews
  7. Cousins

·  The surviving heir(s) may obtain a title only or purchase tags for the vehicle. The spouse is the only heir that is allowed to transfer tags from the original registration of the vehicle.

·  When a Kansas resident dies and leaves a will, which is subject to probate, the surviving spouse and/or minor children are entitled to the vehicle(s). The vehicle is required to be in the surviving spouse’s name before transfer of ownership can be made. Paperwork required is a certified copy of the administrator or executor’s letter of administration issued by the clerk of the court and signed by the judge and the existing certificate of title or the title and registration receipt.

·  In the event there are multiple owners listed on the face of the title and one of the owners dies, the owners left on the face of the title can title the vehicle in their name(s). If the existing title has “and” between the names of the owners an obituary notice in the paper or a copy of the death certificate will have to be presented in lieu of that owners signature. The existing title or title and registration receipt must be relinquished and sent to the state with the new title and registration application. If the existing title or registration receipt is not available and the title is being held as an “E” title, a duplicate registration can be applied for a fee of $.50. You must also present a lienholders consent to transfer document if applicable.

·  In the event there are multiple owners listed on the face of the title and one of the owners dies leaving a executor or administrator of their estate; that administrator or executor must obtain the signature of the surviving owner prior to transferring ownership of the vehicle.

·  In the event there are multiple owners listed on the face of the title and all owners are deceased, a determination has to be made on who died first. To accomplish this, death certificates or obituary notices must be provided for all deceased owners. If the heirs are the same for all owners, they all must be listed on the decedent affidavit. If the heirs are not the same for all owners, a determination must be made on who died first. The heirs to the last owner will be given rights to the vehicle and their names go onto the decedents affidavit.

·  If the title names a tod(s), they obtain ownership of the vehicle by using the tod affidavit and a decedents affidavit cannot be used.

·  If the existing Kansas title has an assignment completed on the back and all buyers are deceased, the heirs must title the vehicle in their name(s) using the death certificates or obituary notices. If the vehicle has gone through probate, the executor or administrator of the estate would have to title the vehicle in the estate name before transferring ownership.

·  If husband and wife are listed on the Kansas title as owners and one of them has been awarded the vehicle in a divorce decree and does not title the vehicle in their name than becomes deceased, the heirs of the deceased person will need to complete a decedents affidavit and make application for a title in their name(s). The previous spouse has no rights to the vehicle.

·  When a resident of the state dies and the total assets of the estate of the decedent does not exceed $20,000 in value any personal property can be transferred to the heirs of the deceased without presenting letters of administration or letters of testamentary and presenting a claim of heir affidavit. We have added an affidavit entitled “claim of heir affidavit” with a form number TR-83b which will be placed on the back of the current decedents affidavit. Very shortly this form will be available on our web site. The form requires certification of death, names of heirs, vehicle information, odometer information and affidavit creators signatures.

If you have any questions, please call the county support section at 785-368-8384.

Thanks for your continued assistance and support. It is appreciated.

Cc: Carmen Alldritt, Director of Vehicles

Mathew Moser, Manager Titles & Registrations

04-039