Title 40, Chapter 3, Section 34
( 40-3-34)
(a) If the interest of an owner in a vehicle passes to another other
than by voluntary transfer, the transferee shall, except as provided
in subsection (b) of this Code section, mail or deliver to the
commissioner or his appropriate authorized county tag agent the last
certificate of title, if available; proof of the transfer; and his
application for a new certificate in the form the commissioner
prescribes, together with the application for change of registration
for the vehicle so that the title application and other documents
shall be received by the commissioner or his appropriate authorized
county tag agent no later than 90 days from the date that the
transferee acquired the interest in the vehicle. If the title
application and other documents are not received within that time,
the transferee shall be required to pay a penalty of $10.00 in
addition to the ordinary title fee provided for by this chapter. If
the documents submitted in support of the title application are
rejected, the party submitting the documents shall have 60 days from
the date of initial rejection to resubmit the documents required by
the commissioner for the issuance of title. Should the documents not
be properly resubmitted within the 60 day period, there shall be an
additional $10.00 penalty assessed, and the owner of the vehicle
shall be required to remove immediately the license plate of the
vehicle and return same to the commissioner. The license plate
shall be deemed to have expired at 12:00 Midnight of the sixtieth
day following the initial rejection of the documents, if the
documents have not been resubmitted as required in this subsection.
If the last certificate of title is not available for transfer under
this Code section, then the transferee shall forward such proof of
transfer as the commissioner may by regulation prescribe. (b) If the interest of the owner is terminated, whether the vehicle
is sold pursuant to a power contained in a security agreement or by
legal process at the instance of the holder either of a security
interest or a lien, the transferee shall promptly mail or deliver to
the commissioner or his appropriate authorized county tag agent the
last certificate of title, if available; proof of transfer; his
application for a new certificate, in the form prescribed by the
commissioner; and an affidavit made by or on behalf of the holder of
a security interest in or lien on the vehicle with respect to the
termination of the interest of the owner, so as to have the
application and supporting documents submitted to the commissioner
or his appropriate authorized county tag agent within 90 days from
the date the transferee acquired the interest in the vehicle. If
the application and supporting documents are not submitted within
that time, the transferee shall be required to pay a penalty of
$10.00 in addition to the ordinary title fee prescribed by this
chapter. If the documents submitted in support of the title
application are rejected, the transferee submitting the documents
shall have 60 days from the date of initial rejection to resubmit
the documents required by the commissioner for the issuance of
title. If the documents are not properly resubmitted within 60
days, there shall be an additional $10.00 penalty assessed, and the
owner of the vehicle shall be required to remove immediately the
license plate of the vehicle and return same to the commissioner.
The license plate shall be deemed to have expired at 12:00 Midnight
of the sixtieth day following the initial rejection of the
documents, if the documents have not been resubmitted as required
under this subsection. If the holder of a security interest or lien
succeeds to the interest of the owner and holds the vehicle for
resale, he need not secure a new certificate of title but, upon
transfer, shall promptly deliver to the transferee the last
certificate of title, if available, and such other documents as the
commissioner may require by rule or regulation. (c) A person holding a certificate of title whose interest in the
vehicle has been extinguished or transferred other than by voluntary
transfer shall mail or deliver the certificate to the commissioner
or the commissioner's duly authorized county tag agent upon request
of the commissioner or authorized county tag agent. The delivery of
the certificate pursuant to the request of the commissioner or
authorized tag agent does not affect the rights of the person
surrendering the certificate; and the action of the commissioner or
authorized tag agent in issuing a new certificate of title as
provided in this article is not conclusive upon the rights of an
owner or lienholder named in the old certificate. (d) In the event of transfer as upon inheritance, devise, or
bequest, upon receipt of an application for a new certificate of
title with the required fee, the last certificate of title, if
available, and a certified copy of a will or letters of
administration or, if no administration is to be had on the estate,
an affidavit by the applicant to the effect that the estate is not
indebted and the surviving spouse, if any, and the heirs, if any,
have amicably agreed among themselves upon a division of the estate
or a certificate from the judge of the probate court showing that
the motor vehicle registered in the name of the decedent owner has
been assigned to the decedent's survivors as part of their year's
support, the commissioner shall issue to the person or persons shown
by such evidence to be entitled thereto the certificate of title for
the vehicle. (e)(1) In the event of transfer under a will when the motor
vehicle was the decedent's only asset, upon receipt of an
application for a new certificate of title accompanied by the
required fee, the last certificate of title, if available, and an
affidavit by the applicant to the effect that the motor vehicle
was owned by the decedent and was the decedent's only asset and
was not encumbered, that under the will the applicant is entitled
to receive title to such motor vehicle, that no application for
the administration of the estate of the deceased or the probate of
such will is to be had, and that the estate is not indebted and
the surviving spouse, if any, and the heirs, if any, are sui juris
and have amicably agreed that title to said vehicle be issued to
the applicant, the commissioner shall issue to the person or
persons shown by such evidence to be entitled thereto the
certificate of title for the vehicle. (2) The commissioner shall prescribe the form of the affidavit to
be used in paragraph (1) of this subsection. (f) A joint interest in a vehicle with survivorship in two or more persons may be created in the manner provided by subsection (a) of Code Section 44-6-190; and, if a certificate of title has been issued to two or more persons having such a joint interest with survivorship, then, in the event of the death of such a joint owner, the surviving such owner or owners, if any, need not secure a new certificate of title. |