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2020 New Hampshire Revised Statutes
Title XXI - Motor Vehicles
Title 261 - Certificates of Title and Registration of Vehicles
Section 261:17 - Joint Tenancy With Rights of Survivorship.
Universal Citation: NH Rev Stat § 261:17 (2020)
261:17 Joint Tenancy With Rights of Survivorship. –
Upon the death of a married resident owner of a motor vehicle registered in this state, said motor vehicle, if used for family purposes, shall be deemed to have been jointly held property with right of survivorship unless otherwise designated on the certificate of title, and the interest of said decedent shall pass to his or her surviving spouse.
I. Where a certificate of title has been issued on the vehicle the surviving spouse may transfer the vehicle pursuant to RSA 261:14 without obtaining a new certificate of title. The signature of the surviving spouse on the certificate and a copy of the death record shall be deemed valid and sufficient for the proper transfer of the motor vehicle.
II. Where no certificate of title has been issued on the vehicle and where such transfer requires the issuance of a certificate of title, a first certificate of title shall be immediately issued to said spouse upon the following conditions; application shall be made to the department including information required by RSA 261:4, I(a) and (b), accompanied by:
(a) A copy of the death record; and
(b) The required fee.
III. Individuals who are joint owners may provide for survivorship. If their joint ownership is held by using "and" between their names, they may obtain title as joint tenants with rights of survivorship by designating this preference on their title application. If their joint ownership is held by using "or" between their names, no other designation is required. Upon the death of one of the owners, the surviving owner may transfer the vehicle pursuant to RSA 261:14 without obtaining a new title. The signature of the surviving owner on the record and a copy of the death record shall be deemed valid and sufficient for the proper transfer of the motor vehicle. One of the joint owners may be a nonresident, who shall be exempt from the requirements of RSA 261:71 for the purposes of this section only.
Upon the death of a married resident owner of a motor vehicle registered in this state, said motor vehicle, if used for family purposes, shall be deemed to have been jointly held property with right of survivorship unless otherwise designated on the certificate of title, and the interest of said decedent shall pass to his or her surviving spouse.
I. Where a certificate of title has been issued on the vehicle the surviving spouse may transfer the vehicle pursuant to RSA 261:14 without obtaining a new certificate of title. The signature of the surviving spouse on the certificate and a copy of the death record shall be deemed valid and sufficient for the proper transfer of the motor vehicle.
II. Where no certificate of title has been issued on the vehicle and where such transfer requires the issuance of a certificate of title, a first certificate of title shall be immediately issued to said spouse upon the following conditions; application shall be made to the department including information required by RSA 261:4, I(a) and (b), accompanied by:
(a) A copy of the death record; and
(b) The required fee.
III. Individuals who are joint owners may provide for survivorship. If their joint ownership is held by using "and" between their names, they may obtain title as joint tenants with rights of survivorship by designating this preference on their title application. If their joint ownership is held by using "or" between their names, no other designation is required. Upon the death of one of the owners, the surviving owner may transfer the vehicle pursuant to RSA 261:14 without obtaining a new title. The signature of the surviving owner on the record and a copy of the death record shall be deemed valid and sufficient for the proper transfer of the motor vehicle. One of the joint owners may be a nonresident, who shall be exempt from the requirements of RSA 261:71 for the purposes of this section only.
Source. RSA 269-A:17-a. 1970, 28:2. 1981, 146:1; 425:1, 2. 1987, 263:2. 1997, 325:9. 1999, 79:1, eff. Jan. 1, 2000.
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