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S2329APersonal

Motor and Other Vehicles - Certificates of Title and Security Interests

This bill allows car owners to name a beneficiary on their title to bypass probate after they die.

Introduced37 Yea0 Nay1 Not voting
Population
Affected
35
Email Legislator
Introduced Jan 23, 2026Committee Senate Special Legislation and Veterans Affairs

Plain-English Summary

This bill changes how a car's ownership is transferred when the owner dies. Starting September 1, 2026, car owners can add a "transfer-on-death" beneficiary directly to their vehicle's title, allowing the car to automatically pass to that person or a trust without having to go through the probate court process. If no beneficiary is named, a surviving spouse or heirs can still transfer the title by providing a death certificate and an affidavit. The owner can change or cancel the beneficiary at any time before their death.

For younger readers

When someone passes away, figuring out who gets their things can take a long time because of special legal rules. A car's "title" is a piece of paper that proves who owns the car. This bill lets a car owner write down the name of the person they want to get their car after they pass away right on the title. This way, the car goes straight to that person, making it much faster and easier for families to take care of the car without needing to go to a judge.

Who & Where It Applies

Impacted groups
Car ownersSurviving spousesHeirs and beneficiariesDivision of Motor Vehicles staffProbate court staff
Impacted communities
All

Constitutional & Fiscal Check

None Likely. The bill simply provides an alternative mechanism for transferring property (a motor vehicle) upon death. It does not infringe on free speech, unreasonable searches, or due process. It preserves the rights of lienholders and ensures due process is respected.

Estimated cost
None
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Helps low-income families bypass costly and time-consuming probate court processes, ensuring they can access a deceased family member's vehicle quickly to maintain transportation for work or daily needs.
  • Eases the bureaucratic burden on grieving families by simplifying the transfer process, which is especially beneficial for marginalized communities with less access to legal resources.
  • Reduces the administrative strain on the public court system by removing simple vehicle transfers from the probate docket, freeing up judicial resources for more complex public service needs.
  • Could complicate estate distributions if the transfer-on-death beneficiary conflicts with previously established agreements, potentially leaving vulnerable dependents without access to the vehicle.
  • The creation of new forms and administrative processes at the Division of Motor Vehicles could temporarily slow down public services for other residents needing assistance.
  • Does not include fee waivers for low-income beneficiaries who might struggle to pay the transfer and registration fees, creating a financial barrier to receiving the inherited vehicle.
For Conservatives
  • Strengthens private property rights by allowing individuals to dictate exactly who inherits their vehicle without government interference or the need for a formal will.
  • Reduces government overreach by allowing families to bypass the costly, lengthy, and highly bureaucratic probate court system when transferring a vehicle.
  • Protects traditional family structures by ensuring that a surviving spouse or designated heirs can easily claim ownership of family assets without unnecessary legal hurdles.
  • Expands the regulatory duties of the Division of Motor Vehicles, requiring the creation of new forms and administrative procedures that grow the size of the state bureaucracy.
  • Bypassing the formal probate process could lead to increased familial disputes or fraud over vehicle ownership, undermining the strict rule of law regarding estate distribution.
  • The new transfer-on-death rules might complicate the enforcement of existing liens or debts if creditors are unaware of the vehicle's immediate transfer outside of probate court.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 43 additions · 1 deletion

SECTION 1. Section 31-3.1-37 of the General Laws in Chapter 31-3.1 entitled "Certificates of Title and Security Interests" is hereby amended to read as follows: 31-3.1-37. Passage of title upon death of owner.

(a) Except as provided in subsection (b) of this section, or unless Unless otherwise provided in the last will and testament of a decedent, any motor vehicle(s) owned by the decedent shall belong, and title to them shall pass, to the surviving spouse.

(1) The administrator of the division of motor vehicles shall register the motor vehicle(s) in the name of the surviving spouse upon presentation to the division of motor vehicles of:

(i) A certified copy of the death certificate of the deceased spouse;

(ii) Registration(s) of the motor vehicle(s) of the deceased spouse.

(2) No fee shall be charged to the surviving spouse for issuance of a new certificate of title.

(3) A surviving spouse shall not be charged a registration fee during the year he or she is registering the vehicle(s) in his or her name and having a new certificate of title issued,

(i) Where the deceased spouse registered that motor vehicle(s) with the division of motor vehicles; and

(ii) Paid the registration fees provided in § 31-6-1 for the motor vehicle(s) for the year.

(4) Where the deceased spouse did not register the motor vehicle(s) or failed to pay a registration fee pursuant to § 31-6-1 for the 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 surviving spouse shall pay a pro rata amount of the annual registration fee for the remaining months of the year.

(b) On and after September 1, 2026, notwithstanding the provisions of subsection (a) of this section, a motor vehicle that is not subject to a security interest that has been perfected in the manner prescribed in § 31-3.1-19 may be titled in transfer-on-death form by including in the certificate of title a designation of a beneficiary or beneficiaries to whom the motor vehicle shall be transferred on death of the owner or the last to die of two (2) or more owners with the right of survivorship, subject to the rights of any lien holder, whether created before, simultaneously with, or after the creation of the transfer-on-death interest. A trust may be the beneficiary of a transfer- on-death certificate of title.

(c) A motor vehicle is titled in transfer-on-death form by designation in the certificate of title, the name of the sole owner, or the names of the owners who jointly and severally own the motor vehicle with the right of survivorship, followed in substance by the words "transfer on death to [name of beneficiary or beneficiaries]". If no title is available or in the event that the title document held by the owner of the vehicle does not contain transfer-on-death language, the owner may, during their lifetime, execute a document, using in substance the same language as contained on a title, transferring the vehicle to a beneficiary or beneficiaries as desired. If no such document has been executed, the surviving spouse or other heirs, may transfer the title to the vehicle by producing a copy of the owner’s death certificate along with an affidavit, in a form approved by the administrator of the division of motor vehicles, stating that they are the surviving spouse or sole heirs and requesting the title and registration be transferred without the necessity of probate. No such request shall be denied by the division of motor vehicles unless there is evidence of fraud or collusion.

(d) The transfer-on-death beneficiary or beneficiaries shall have no interest in the motor vehicle until the death of the owner or the last to die of all multiple owners with the right of survivorship. A beneficiary designation may be revoked or changed at any time by the owner(s) without the consent of the beneficiary by either filing an application with the division of motor vehicles for a subsequent certificate of title or revoking any other document executed transferring the vehicle on death. If such original document was filed with the division of motor vehicles, the revocation shall also be filed.

(e) Ownership of a motor vehicle titled in transfer-on-death form for which an application for a subsequent certificate of title has not been filed shall vest in the designated beneficiary or beneficiaries on the death of the owner or last survivor of any jointly owned vehicle. If no beneficiary survives the death of the owner(s), then any interest in the motor vehicle belongs to the estate of the deceased owner.

(f) The division of motor vehicles shall prescribe any fees associated with the transfer of title and registration, except as provided in subsection (a) of this section, but in no event shall any fee exceed the annual registration fee for such vehicle.

(g) A certificate of title in transfer-on-death form shall not be considered a testamentary disposition.

(h) On and after September 1, 2026, the division of motor vehicles shall provide amended title forms and/or transfer-on-death forms to accomplish the purposes of subsections (b) through

(g) of this section.

SECTION 2. This act shall take effect upon passage.