PURPOSE: This rule clarifies the issuance of an original certificate of ownership to one automobile or other passenger motor vehicle to a surviving spouse, if any, or to surviving unmarried minor children in equal shares.

Editor’s Note: The form mentioned in this rule follows 12 CSR 10-23.265.

1. (1) When a decedent has not disposed of an automobile or other passenger motor vehicle by will, the surviving spouse, or in the event there is no surviving spouse, the unmarried minor children may equally take title to one

2. (1) automobile or other passenger motor vehicle without the issuance of a probate court order. The surviving spouse or unmarried minor children shall submit the following documents to the Department of Revenue in order to obtain a certificate of title:

   1. (A) Application for Title;
   2. (B) Affidavit to Establish Title to Exempt Property;
   3. (C) Certificate of title in the decedent’s name or with the decedent named as purchaser of the motor vehicle;
   4. (D) Copy of the death certificate;
   5. (E) Proof that the applicant was legally married to the decedent, if the application is being submitted by the surviving spouse; and
   6. (F) All taxes and fees required by law.
3. (2) For the purposes of obtaining a certificate of ownership, one (1) automobile or other passenger motor vehicle, as provided in section 474.250, RSMo, shall include any motor vehicle which is titled in the name of the decedent or assigned to the decedent. The ownership of trailers shall not be transferred by the Department of Revenue to a surviving spouse or unmarried minor children without presenting an appropriate court order.

AUTHORITY: section 474.250, RSMo 1986.* Original rule filed July 25, 1986, effective Nov. 28, 1986. Amended: Filed July 17, 1989, effective Oct. 27, 1989. *Original authority: 474.250, RSMo 1939, amended 1955, 1957, 1980.