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27-14-727. Certificate of title with beneficiary — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-14-727. Certificate of title with beneficiary — Definitions.
(a) As used in this section:
(1)(A) “Beneficiary” means one (1) individual who is designated to become the owner of a vehicle upon the death of the current owner as indicated on the certificate of title issued under this chapter.
(B) “Beneficiary” does not include a business, firm, partnership, corporation, association, or any other legally created entity;
(2) “Certificate of title with beneficiary” means a certificate of title for a vehicle issued under this chapter that indicates the present owner of the vehicle and designates a beneficiary as provided under this section;
(3)(A) “Owner” means an individual who holds legal title of a vehicle and can include more than one (1) person but not more than three (3) persons.
(B) “Owner” does not include a business, firm, partnership, corporation, association, or any other legally created entity; and
(4) “Vehicle” means a motorized or nonmotorized piece of equipment with wheels that is:
(A) Primarily used to transport persons or property on the streets, roads, or highways; and
(B) Required to be registered, licensed, and titled by the Office of Motor Vehicle under this chapter.
(b) If the owner or joint owners want to transfer a vehicle upon death by operation of law, the owner or joint owners may request that the Office of Motor Vehicle issue a certificate of title with beneficiary that includes a directive to the office to transfer the certificate of title upon the death of the owner or upon the death of all joint owners to the beneficiary named on the face of the certificate of title with beneficiary.
(c)(1) The owner of a vehicle may submit a transfer on death application to the office to request the issuance of a certificate of title wi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-14-727
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:27-14-727
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0ea6fed6e977a49e9fb40c08f49fdd6bcc95c763f4676d0df9adee8731463f78
Source location: content.xml paragraph 2016
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27-14-727. Certificate of title with beneficiary — Definitions.
(a) As used in this section:
(1)(A) “Beneficiary” means one (1) individual who is designated to become the owner of a vehicle upon the death of the current owner as indicated on the certificate of title issued under this chapter.
(B) “Beneficiary” does not include a business, firm, partnership, corporation, association, or any other legally created entity;
(2) “Certificate of title with beneficiary” means a certificate of title for a vehicle issued under this chapter that indicates the present owner of the vehicle and designates a beneficiary as provided under this section;
(3)(A) “Owner” means an individual who holds legal title of a vehicle and can include more than one (1) person but not more than three (3) persons.
(B) “Owner” does not include a business, firm, partnership, corporation, association, or any other legally created entity; and
(4) “Vehicle” means a motorized or nonmotorized piece of equipment with wheels that is:
(A) Primarily used to transport persons or property on the streets, roads, or highways; and
(B) Required to be registered, licensed, and titled by the Office of Motor Vehicle under this chapter.
(b) If the owner or joint owners want to transfer a vehicle upon death by operation of law, the owner or joint owners may request that the Office of Motor Vehicle issue a certificate of title with beneficiary that includes a directive to the office to transfer the certificate of title upon the death of the owner or upon the death of all joint owners to the beneficiary named on the face of the certificate of title with beneficiary.
(c)(1) The owner of a vehicle may submit a transfer on death application to the office to request the issuance of a certificate of title with beneficiary or a change to a certificate of title with beneficiary.
(2) The owner shall provide the following information in the application:
(A) Whether the applicant seeks to add, remove, or change a beneficiary;
(B) The full legal name of the beneficiary;
(C) The Social Security number of the beneficiary;
(D) The address of the beneficiary;
(E) The vehicle identification number of the vehicle;
(F) The year, make, model, and body type of the vehicle;
(G) The printed full legal name of the owner of the vehicle;
(H) The Arkansas driver's license or identification card number for the owner of the vehicle; and
(I) The signature of the owner of the vehicle.
(3) The owner shall include the following with the application:
(A) The certificate of title for the vehicle issued under this chapter;
(B) The certificate of title application fee as provided under § 27-14-705(c) and the certificate of title fee under § 27-14-602(b); and
(C) The certificate of title with beneficiary processing fee of ten dollars ($10.00).
(4)(A) The fee remitted under subdivision (c)(3)(C) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
(B) The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
(C) The fee shall not be considered or credited to the office as direct revenue.
(d)(1) The office shall not issue a certificate of title with beneficiary to an owner of a vehicle if:
(A) The vehicle is encumbered by a lien; or
(B) The owner holds his or her interest in the vehicle as a tenant in common with another person.
(2) If a lien request is made for a certificate of title with beneficiary, the beneficiary shall be removed and the lien added.
(e) The certificate of title with beneficiary issued by the office shall include after the name of the owner the words “transfer on death to” or the abbreviation “TOD” followed by the name of the beneficiary.
(f) During the lifetime of the sole owner or before the death of the last surviving joint owner:
(1) The signature or consent of the beneficiary is not required for any transaction relating to the vehicle for which a certificate of title with beneficiary has been issued; and
(2) The certificate of title with beneficiary is revoked by:
(A) Selling the vehicle with proper assignment and delivery of the certificate of title to another person; or
(B) Filing an application with the office to remove or change a beneficiary as provided under subsection (c) of this section.
(g) Except as provided in subsection (f) of this section, the designation of the beneficiary in a certificate of title with beneficiary shall not be changed or revoked:
(1) By will or any other instrument;
(2) Because of a change in circumstances; or
(3) In any other manner.
(h) The interest of the beneficiary in a vehicle on the death of the sole owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment, or security interest to which the owner of the vehicle was subject during his or her lifetime.
(i)(1)(A) Upon the death of the owner, the office shall issue a new certificate of title for the vehicle to the surviving owner or, if no surviving owner, to the beneficiary if the surviving owner or beneficiary presents the following:
(i) Proof of death of the owner that includes a death certificate issued by the state or a political subdivision of the state;
(ii) Surrender of the outstanding certificate of title with beneficiary; and
(iii) Application and payment of the title application fee and title fee.
(B) A certificate of title issued under this subsection will be subject to any existing security interest.
(2) If the surviving owner or beneficiary chooses, he or she can submit a completed certificate of title with beneficiary application as provided under this section, along with the ten dollar ($10.00) processing fee, at the time of the application for a new title under this subsection.
(3) The transfer under this subsection is a transfer by operation of law, and § 27-14-907 applies to the extent practicable and not in conflict with this section.
(j) The transfer of a vehicle upon the death of the owner under this section is not testamentary and is not subject to administration under Title 28 of the Arkansas Code.
(k) The procedures and fees under § 27-14-720 shall apply for obtaining a duplicate title with beneficiary.
(l)(1) The office may promulgate rules for the administration of this section.
(2) If rules are promulgated, the office shall consult with the Arkansas State Game and Fish Commission about the rules.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-14-602. Registration fees.
(a) Except as otherwise provided, all fees shall be paid to the Office of Motor Vehicle for the registration of motor vehicles, trailers, and semitrailers under this chapter.
(b) The following fees shall be charged under this chapter by the Office of Motor Vehicle:
(1) For each certificate of title $2.00
(2) For each duplicate certificate of title 2.00
(3) For noting each lien .50
(4) For transfer of registration 1.00
(5) For duplicate or substitute registration certificate 1.00
(6) For duplicate or substitute license plate 1.00
(c) Beginning January 1, 2018, in addition to any other fees authorized under this chapter, the Secretary of the Department of Finance and Administration shall charge a fee for commercial motor vehicles registered with the International Registration Plan in the amount of:
(1) Two dollars ($2.00) to access the secretary's portal to register one (1) or more commercial motor vehicles or to conduct one (1) or more online administrative transactions;
(2) Two dollars ($2.00) upon issuance or renewal of the registration of a commercial motor vehicle of a commercial motor carrier that has been authorized under § 27-14-613(b)(1)(C) to display an approved license plate decal bearing the commercial motor vehicle carrier's logo; and
(3) Five dollars ($5.00) for each commercial motor vehicle registered in this state as an annual commercial motor vehicle fee.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-14-602
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-14-602. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-14-705. Application for registration and certificate of title — Definitions.
(a)(1) Every owner of a vehicle subject to the registration under this chapter shall make application to the Office of Motor Vehicle for the registration of the vehicle and issuance of a certificate of title or a certificate of title with beneficiary under § 27-14-727 for the vehicle upon the appropriate forms furnished by the office.
(2) Every application shall bear the signature of the owner, written with pen and ink, unless the person is unable to write, in which case he or she affixes his or her mark, “X”, which must be witnessed by a person other than the office employee, and the signature shall be acknowledged by the owner before a person authorized to administer oaths.
(b) The application shall contain:
(1) The name, bona fide residence, and mailing address of the owner or business address of the owner if a firm, association, or corporation;
(2)(A) A description of the vehicle, including, insofar as the data specified in this subsection may exist with respect to a given vehicle, the make, model, type of body, the number of cylinders, the serial number of the vehicle, the engine or other number of the vehicle designated to identify vehicles for registration purposes, and whether new or used, and if a new vehicle, a certificate of origin.
(B)(i) Except as provided under § 27-14-726, the certificate of origin shall be furnished to the dealer by the manufacturer and shall accompany the application for license and title.
(ii) Except as provided under § 27-14-726, no license for the operation of the vehicle shall be granted and no certificate of title shall be issued unless the certificate of origin is made a part of the application.
(C) The certificate of origin shall be on
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-14-705
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-14-705. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-14-720. Lost or damaged certificates and plates.
(a) In the event any registration certificate or license plate is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the vehicle for which it was issued, as shown by the records of the Office of Motor Vehicle, shall immediately make application to the office for, and may obtain, a duplicate or a substitute or a new registration under a new registration number, as determined to be most advisable by the office, upon the applicant's furnishing information satisfactory to the office.
(b)(1)(A) In the event any certificate of title is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the vehicle for which it was issued, as shown by the records of the office, shall immediately make application to the office for and may obtain a duplicate if the conditions of this subdivision (b)(1) are satisfied.
(B) The following information shall be included in the application:
(i) The year, make, model, vehicle identification number, and body style of the vehicle;
(ii)(a) The name of a lienholder; and
(b) A release if the applicant claims that the lien has been released; and
(iii) Other information required by the office.
(C) The fee for a duplicate title shall accompany the application.
(D) The office may issue a duplicate title without notice if the records of the office do not show that a lien exists against the vehicle.
(E)(i)(a) The office shall mail notice to a lienholder shown in the records of the office at the address shown in the records for the lienholder.
(b) The notice shall state that the lienholder must respond to the office within ten (10) business days from the date of the no
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-14-720
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-14-720. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-14-907. Transfer by operation of law — Definition.
(a)(1) Whenever the title or interest of an owner in or to a registered vehicle shall pass to another by a method other than voluntary transfer, the registration of the vehicle shall expire, and the vehicle shall not be operated upon public streets or highways for more than thirty (30) days after the transfer date unless a valid registration plate is attached thereto.
(2) In the event that title has become vested in the person holding a lien or encumbrance upon the vehicle, the person may apply to the Office of Motor Vehicle for, and obtain, special plates as may be issued under this chapter to dealers and may operate any repossessed vehicle under such special plates only for purposes of transporting it to a garage or warehouse or for purposes of demonstrating or selling it.
(b)(1) Upon any such transfer, the new owner may either secure a new registration and certificate of title, upon proper application and upon presentation of:
(A) The last certificate of title, if available;
(B) Evidence that the lien or encumbrance was previously recorded in the State of Arkansas or that the motor vehicle is physically present in the State of Arkansas; and
(C) Such instruments or documents of authority, or certified copies thereof, as may be sufficient or required by law to evidence or effect a transfer of title or interest in or to chattels in such case.
(2)(A) If the motor vehicle to be registered was last registered in a jurisdiction other than Arkansas and if the name of the new owner as lienholder is not shown on the existing certificate of title, a certificate of title may not be issued to the new owner under this section. Instead, the new owner may secure a new registration and certificate of title only by ob
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-14-907
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-14-907. This identifies an authority to review, not proof of applicability.