Vehicle Licensing Guide

Titling as Joint Ownership with Right of Survivorship
VLIC-126

PURPOSE:

To provide information and instructions for recording joint ownership with right of survivorship on a title certificate.

BACKGROUND:

The Code of Virginia allows for the issuance of a title certificate to a motor vehicle, trailer or semi-trailer in the joint owner's names with right of survivorship.

When DMV receives an application for a title certificate for a motor vehicle, trailer or semi-trailer, with a request that it be issued in the names of two persons, jointly with the right of survivorship, DMV will issue the title certificate accordingly.

Any title certificate issued in the names of two persons may contain an expression such as "or the survivor of them" which will be sufficient to create joint ownership during the lives of the two owners and individual ownership in the survivor. A title certificate issued in the names of two persons, with their names separated only by "or" will also create joint ownership during the lives of the owners, and individual ownership in the survivor of them.

NOTE: If a customer desires to title a vehicle with "Tenants by the Entirety" or "Tenants by the Entireties," the owners must be husband and wife. Otherwise, the vehicle will be titled in joint ownership with right of survivorship.

After the death of a joint owner, the registration (license plates) remains valid until the end of the registration period. The survivor may wish to delay changing the title certificate until then. If the survivor chooses to change the title by deleting the name of the deceased owner during the current registration period, DMV will process a substitute title and collect the substitute title fee, if a title has already been printed (refer to VLIC-156).

NOTE: If there is NO surviving spouse and no children of the deceased, in addition to the VSA-24, the legal heirs must either have an executor/administrator appointed OR submit an affidavit indicating that the deceased's estate falls under the small estate laws (currently, the value of the estate must be less than $50,000).

NOTE: Only CSC management and management designees are authorized to change the customer number, name, or type on a vehicle record using the Maintain Vehicle Owner screen.

The current registration will not have to be transferred. If the survivor sells or transfers the vehicle to a new owner, the current registration becomes invalid. But, the survivor may transfer these plates to another vehicle (owned by the survivor), or if six months or more is left in the registration period, turn the plates in for a refund (refer to VLIC-298).

CUSTOMER REQUIREMENTS:

1. Submit one of following:
   • Virginia Certificate of Title with the appropriate sections completed and signed by both owners.
     
     NOTE: Must indicate to title as joint ownership.
   • "Application for Certificate of Title and Registration" (VSA-17A) or "Application for Certificate of Title - Manufactured Home" (VSA-17B) completed and signed by both owners and evidence of ownership document.
     
     NOTE: Must indicate to title as joint ownership.
2. Submit proof of address. (Refer to VLIC-101.)
3. Pay the appropriate title, SUT, and registration fees, if applicable.

DMV SERVICE PROVIDER'S PROCESS:

1. Verify that the Virginia title, VSA-17A or VSA-17B has been completed correctly.
2. Verify that the customer has requested "survivor" to be recorded on the title.
3. Verify that the customer has an approved proof of address document. (Refer to DMV-177 and VLIC-101.)
4. Collect the appropriate title, SUT, and registration fees, if applicable.
5. Process the title according to data entry procedures.
   
   NOTE: If vehicle has already been titled in the customer's name and the customer is requesting to have "survivor" added, process as a substitute title if a title has already been printed. (Refer to VLIC-156.)
6. Advise the customer as follows:
   • If the ownership of the titled vehicle is to be transferred and neither owner is deceased, both owner's must sign as sellers in the assignment section of the title.
   • Upon the death of either owner, the survivor may request the title be issued in his/her name only. The survivor must submit the title showing right of survivorship and a certified or notarized death certificate for the deceased owner. A substitute title will be processed and the customer must pay the substitute title fee.
     
     NOTE 1: If the title is an electronic title (never been printed) the customer will not be required to submit the title showing right of survivorship. A substitute title will not be processed.
     
     NOTE 2: If the vehicle has an outstanding electronic lien (e-lien), the survivor will not be required to submit a title. The applicant must submit an application for Transfer of Certificate of Lien Information (SUT 4), completed by the lien holder. The lien will remain in force and no title will be printed.
     
     NOTE 3: If the title is lost, stolen, mutilated, or illegible, DMV will process a substitute title to remove the deceased owner's name without requiring the surviving owner to apply for a replacement title first.
     
     NOTE 4: If a survivor applies to transfer ownership of a vehicle that is in the name of the deceased and the application is not accompanied by a certified or notarized death certificate, check the deceased owner's customer record before requesting a death certificate.
     
     
     • If the deceased customer's record has been updated to show deceased, process the new title and registration applications without a certified or notarized death certificate.
     • If the deceased customer's record has not previously been updated to show deceased, request a certified or notarized death certificate.
   • If the survivor wants to transfer the vehicle to a new owner and does not desire a substitute title as above, he/she must provide the following to the new owner:
     • Assigned title
     • Certified or notarized death certificate of the deceased owner.
7. Notify the customer of the following Virginia requirements:
   • State inspection must be performed on the vehicle and the state inspection sticker must be displayed on the windshield, if applicable. AND
   • The locality sticker or decal must be displayed on the windshield, if applicable.
     
     NOTE: Some localities do not require a sticker/decal to be displayed on a vehicle, however payment of the local registration fee is still required. Check with the appropriate locality for requirements.
<<<<<REVISION
8. Return any documentation presented that is not required for processing a title (e.g. marriage license, divorce decree, death certificate, and/or original power of attorney drafted by a law firm). These documents may be noted on the application but must be returned to the customer.   END REVISION>>>>>
9. Send title documents and supporting documentation with the daily work for document preparation to be sent to Document Imaging (refer to VLIC-75).

REFERENCE:

• Code of Virginia §§ 46.2-615, 46.2-622, 55-20.1 and 55-21; and Assistant Attorney General Eric K. G. Fiske's 08/02/1999 Memorandum.
• CSC Data Entry: CSCNet

CONTACT:

For additional information contact:

• Your CSC Manager/Assistant Manager
• DMV DIRECT Help Desk at (804) 367-6646

PROCEDURE PROPONENT:

VSA Title and Registration Division