HB392 Alabama 2024 Session

Summary

Primary Sponsor

Ben Robbins Representative

Republican

Session

Regular Session 2024

Title

Motor vehicles, Dept of Revenue, transfer of ownership interest in deceased individual's motor vehicle prohibited, except by order of a probate or circuit court, by a small estates distribution, by affidavit of all heirs, Class B misdemeanor for false affidavit.

Description

Under existing law, when the owner of a motor vehicle becomes deceased and the deceased owner's estate does not require probate, any individual who is next of kin to, and one of the heirs of, the deceased owner may submit to the Alabama Department of Revenue, Motor Vehicle Division, a title application accompanied by an affidavit and a copy of the deceased owner's death certificate, along with a completed replacement certificate or a completed assignment form in order to have the title of the vehicle transferred to himself or herself. The next of kin may acquire title in this manner without providing proof of his or her relationship to the deceased or notifying any other heirs who may be entitled to claim an interest in the vehicle.

This bill would prohibit the department from transferring any ownership interest in a deceased owner's motor vehicle unless the decedent's estate is administered by a probate court or circuit court, is part of a summary distribution by a judge of probate, or distributed pursuant to an affidavit signed by all of the decedent's heirs without the probate of the decedent's estate.

This bill would further provide that an affiant HB392 INTRODUCED who provides a false statement in an affidavit signed by heirs of a decedent related to the transfer of any ownership interest in a decedent's motor vehicle commits perjury in the third degree.

Show more Show less

Subjects

Motor Vehicles & Traffic