Section 9916.5 Of Chapter 3. Transfer Of Title Or Interest In Undocumented Vessel From California Vehicle Code >> Division 3.5. >> Chapter 3.
9916.5
. (a) On death of the owner of a vessel numbered under this
division and owned in beneficiary form, the vessel belongs to the
surviving beneficiary, if any. If there is no surviving beneficiary,
the vessel belongs to the estate of the deceased owner.
(b) A certificate of ownership in beneficiary form may be revoked
or the beneficiary changed at any time before the death of the owner
by either of the following methods:
(1) By sale of the vessel with property assignment and delivery of
the certificate of ownership to another person.
(2) By application for a new certificate of ownership without
designation of a beneficiary or with the designation of a different
beneficiary.
(c) Except as provided in subdivision (b), designation of a
beneficiary in a certificate of ownership issued in beneficiary form
may not be changed or revoked by will, by any other instrument, by a
change of circumstances, or otherwise.
(d) The beneficiary's interest in the vessel at death of the owner
is subject to any contract of sale, assignment, or security interest
to which the owner was subject during his or her lifetime.
(e) The surviving beneficiary may secure a transfer of ownership
for the vessel upon presenting to the department all of the
following:
(1) The appropriate certificate of ownership.
(2) A certificate under penalty of perjury stating the date and
place of the owner's death and that the declarant is entitled to the
vessel as the designated beneficiary.
(3) If required by the department, a certificate of the death of
the owner.
(f) After the death of the owner, the surviving beneficiary may
transfer his or her interest in the vessel to another person without
securing transfer of ownership into his or her own name by
appropriately signing the certificate of ownership for the vessel and
delivering the document to the transferee for forwarding to the
department with appropriate fees. The transferee may secure a
transfer of ownership upon presenting to the department (1) the
certificate of title signed by the beneficiary, (2) the certificate
described in paragraph (2) of subdivision (e) executed by the
beneficiary under penalty of perjury, and (3) if required by the
department, a certificate of death of the owner.
(g) A transfer at death pursuant to this section is effective by
reason of this section, and shall not be deemed to be a testamentary
disposition of property. The right of the designated beneficiary to
the vessel shall not be denied, abridged, or affected on the grounds
that the right has not been created by a writing executed in
accordance with the laws of this state prescribing the requirements
to effect a valid testamentary disposition of property.
(h) A transfer at death pursuant to this section is subject to
Section 9653 of the Probate Code.
(i) If there is no surviving beneficiary, the person or persons
described in Section 9916 may secure transfer of the vessel as
provided in that section.
(j) The department may prescribe forms for use pursuant to this
section.