Memorandum

To: County Treasurers & Staff

From: Peggy Stalcup, Assistant Manager Titles & Registrations/Dealers Licensing

Date: October 3, 2006

Subject: Decedents 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. Only direct heirs will be allowed to enter their names on the decedent affidavit and title application. Spouses cannot be added to the title at this time.

·  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(s) (TR-83) 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 all heirs name(s) and may use and/or listed as the separator code

·  The Lineal order of inheritance is as follows:

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

·  The surviving heir(s) may obtain a title only or purchase tags for the vehicle. The surviving 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 must obtain title in their name(s) using decedent’s affidavit before transferring ownership. Paperwork required is a death certificate, copy of obituary notice or prayer card. The title, registration receipt or verification of the vehicle is required when making application for title in the heir’s name. You must also present a lien holders 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, the owners left on the face of the title can title the vehicle in their name(s) without use of the decedent’s affidavit as they are considered existing owners of the vehicle. 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 supplied for a fee of $.50. You must also present a lien holders 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(s) prior to transferring ownership of the vehicle. You must also present a lien holders consent to transfer document if applicable.

·  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 decedent’s affidavit.

·  If the title names a tod(s), they obtain ownership of the vehicle by using the tod affidavit and a decedent’s 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 the estates name using the death certificates or obituary notices. Once in the estates name, they may use the decedent’s affidavit.

·  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). A copy of the divorce decree is required. 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. The form requires certification of death, names of heirs, vehicle information, odometer information and affidavit creator’s 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

Michael J McLin, Manager Titles & Registrations

06-032