Section 140IAC9-2-8.5. Transfer of ownership of watercraft by operation of law

  5. In addition to the requirements of IC 9-31-2-16 [IC 9-31-2 was repealed by P.L.198-2016, SECTION 617, effective July 1, 2016.], a person who obtained ownership of a watercraft by operation of law must present the following documentation to obtain a certificate of title for the watercraft:

(1) For ownership due to repossession, a certified copy of the security agreement.

(2) For ownership due to a mechanic's lien or a storage lien, a court order that recognizes the perfection of the lien.

(3) For ownership due to a marriage dissolution:

(A) the certificate of title with the assignments completed; or

(B) a certified copy of the decree of dissolution of marriage or divorce, with a docket entry containing the judge's signature.

(4) For ownership due to the prior owner's death:

(A) if a title indicates a joint tenancy with rights of survivorship or a joint tenancy of husband and wife, a death certificate is required, and the surviving person or persons may assign title to any person; or

(B) if a title indicates sole ownership, a personal representative of the estate or another person authorized by law to act for the deceased person must sign the title on behalf of the decedent in the same manner as if the decedent was selling the watercraft, and the decedent's name shall be signed followed by the name and title of the person executing the document; however, if the decedent's title is lost or mutilated, then either:

(i) a copy of the letters of administration, letters testamentary, or court order granting an unsupervised administration; or

(ii) a small estate affidavit for an estate that is not greater than the amount specified in IC 29-1-8-1.

(5) For ownership due to watercraft abandoned on private property, a court order establishing ownership in the title applicant.

(Bureau of Motor Vehicles; 140 IAC 9-2-8.5; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; readopted filed Nov 3, 2014, 1:43 p.m.: 20141203-IR-140140375RFA)