How Do I Transfer Title to a Boat if the Owner Died?

Full question:

I OWN ONE SMALL BOAT DOCK AND ONE LARGE-THE LAST BILL OF SALE WAS ISSUED TO A PREVIOUS SOLE OWNER, BUT HE IS NOW DECEASED. HOW CAN I OBTAIN A BILL OF SALE FROM SOMEONE THAT HAS PASSED AND STILL SHOWES TO BE THE OWNER OF THE PERMIT LAST REGISTERED IN 1978?

Answer:

A deceased person's ownership is typically transferrred as part of the probate process. I suggest contacting the clerk of courts at the probate court in the county where the deceased resided to determine who the beneficiary of the owner's share is. Please see the following MO statutes:

Death of owner and no surviving owner or beneficiary, director of revenue may transfer and issue new certificate, when, procedure to obtain.
306.463. If an owner dies and no surviving owner or surviving beneficiary exists, on proof of death of all persons shown on the certificate of title, surrender of the outstanding certificate of title, and on application and payment of the fee for an original certificate of title, the director of revenue may rely on, transfer and issue a new certificate of title in accordance with one of the following:

(1) A certified copy of a court order approving the transfer, refusing to issue letters of administration, terminating administration or authorizing distribution of the deceased owner's estate;

(2) A small estate affidavit with the certificate of the clerk of the probate division of the circuit court, as provided in section 473.097, RSMo; or

(3) A notarized application for transfer from a personal representative of the deceased owner accompanied by a copy of the personal representative's letters of administration or letters testamentary together with a court order approving the transfer or a statement that the personal representative has authority under section 473.457, RSMo, or subdivision (16) of section 473.810, RSMo, to make the transfer without court order.

306.060. Transfer of ownership of boat, application, fee — temporary
certificate of number, fee — contents — dealer issue, record required,
contents, penalty. —

1. If the ownership of a vessel changes, the new owner shall file
a new application form with the required fee with the department of
revenue and a new certificate of number may be awarded in the same
manner as provided in section 306.030 for an original award of number.

2. The department of revenue may issue a one-time temporary certificate
of number authorizing the operation of a vessel by the purchaser for not
more than thirty days. A temporary permit issued under this section is
not renewable. The department of revenue shall provide the temporary
certificates of number. A person may purchase a temporary certificate
from the department of revenue with proof of purchase of a vessel or from
the dealer when the vessel is purchased. The department shall provide
temporary certificates of number to registered dealers in this state in
sets of ten certificates. The fee for a temporary certificate of number
shall be five dollars for each temporary certificate of number issued. A
dealer may not charge more than five dollars for each temporary
certificate of number issued by the dealer. The department of revenue
shall prescribe the form for a temporary certificate of number. A
temporary certificate of number is valid for the legal operation of a
vessel only by the purchaser of the vessel from the date the certificate
is issued for either thirty days or until proper title and registration
have been obtained, whichever first occurs. A temporary certificate may
not be transferred or displayed on any vessel other than the vessel for
which it was issued. The department of revenue shall determine the size,
number configuration, construction and color of the temporary
certificates of number.

3. The department of revenue or the dealer or the dealer's authorized
agent shall insert the date of issuance and expiration date, year, make
and the manufacturer's identification number of the vessel on the
temporary certificate of number when issued to the purchaser. The dealer
shall also insert the dealer's number on the temporary certificate of
number. Every dealer that issues a temporary certificate of number shall
keep, for inspection by authorized officers, an accurate record of each
temporary certificate of number issued by the dealer by recording the
certificate of number, purchaser's name and address, year, make and
manufacturer's identification number of the vessel on which the temporary
certificate of number is to be used and the date of issuance.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A bill of sale is not the same as a title. It serves as proof of sale and ownership transfer but does not grant legal title to the boat. To obtain a title, you must follow the appropriate legal procedures, especially if the previous owner is deceased. In Missouri, you may need to provide a certified court order or other documents to establish ownership legally.