Section 490.435 - Certificate of title in beneficiary form: Request; application; fee; restriction upon issuance; contents; signatures and transactions; interest; duties of Department1. Each owner or joint owner of an off-highway vehicle may request the Department to issue a certificate of title in beneficiary form for the off-highway vehicle, which includes a directive to the Department to transfer the certificate of title upon the death of the owner or upon the death of all joint owners to a beneficiary named on the face of the certificate of title.2. A request made pursuant to subsection 1 must be submitted on an application furnished by the Department pursuant to NAC 490.085 and be accompanied by the fee for the issuance of a certificate of title required by NAC 490.360.3. The Department will not issue a certificate of title in beneficiary form to a person who holds his or her interest in an off-highway vehicle as a tenant in common with another person.4. A certificate of title in beneficiary form will include after the name of the owner or after the names of the joint owners the words "transfer on death to" or the abbreviation "TOD" followed by the name of the beneficiary.5. During the lifetime of a sole owner or before the death of the last surviving joint owner: (a) The signature or consent of the beneficiary is not required for any transaction relating to an off-highway vehicle for which a certificate of title in beneficiary form is issued; and(b) The certificate of title in beneficiary form may be revoked or the beneficiary changed at any time by: (1) Sale of the off-highway vehicle with an assignment and delivery of the certificate of title to another person; or(2) Filing an application with, and paying the required fee to, the Department to reissue the certificate of title with no designation of a beneficiary or with the designation of a different beneficiary.6. The interest of the beneficiary in an off-highway 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 ownership or security interest to which the sole owner or joint owners of the off-highway vehicle were subject during their lifetime.7. Except as otherwise provided in paragraph (b) of subsection 5, the designation of a beneficiary in a certificate of title in beneficiary form may not be changed or revoked by a will, any other instrument or a change in circumstances, or otherwise changed or revoked.8. The Department will, upon:(a) Proof of death of one of the owners, of two or more joint owners or of a sole owner;(b) Surrender of the outstanding certificate of title in beneficiary form; and(c) Application and payment of the fee for a certificate of title, issue a new certificate of title for the off-highway vehicle to the surviving owner or owners or, if none, to the beneficiary, subject to any security interest.
9. For the purpose of complying with the provisions of subsection 8, the Department may rely on a death certificate, record or report that constitutes prima facie evidence of death.10. The transfer on death of an off-highway vehicle pursuant to this section is not considered as testamentary and is not subject to administration pursuant to the provisions of title 12 of NRS.11. As used in this section: (a) "Beneficiary" means each person designated to become an owner of an off-highway vehicle on the death of the preceding owner or owners.(b) "Certificate of title in beneficiary form" means a certificate of title of an off-highway vehicle that indicates each present owner of the off-highway vehicle and designates a beneficiary.Nev. Admin. Code § 490.435
Added to NAC by Dep't of Motor Veh. by R130-11, 6-29-2012, eff. 7-1-2012NRS 481.051, 490.066, 490.070