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October 08, 2024 Clear | 52°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 15A: Death of registered owner of motor vehicle; presumption of joint ownership in surviving spouse

Section 15A. Upon the death of a married resident owner of a motor vehicle registered as a pleasure vehicle in the commonwealth, and unless otherwise provided in a will, said motor vehicle, if used for such purpose, shall be deemed to have been jointly held property with right of survivorship and the interest of said decedent shall pass to the surviving spouse, and a certificate of title shall issue as follows:—

(1) Where a certificate of title has been issued on said vehicle a new certificate of title shall be issued to said spouse upon written application made to the registrar accompanied by a copy of the death certificate, the certificate of title previously issued, and the title change fee for such spouse shall be waived.

(2) Where no certificate of title has been issued on said vehicle and where such transfer requires the issuance of a certificate of title a first certificate of title shall be issued to said spouse upon application to the registrar accompanied by a copy of the death certificate and any required fee.

(3) A sworn affidavit to the effect that said vehicle has not been disposed of otherwise by will, shall accompany the application for the issuance of a certificate of title. Said affidavit shall be in a form prepared by the registrar.

In the case of such transfer of a motor vehicle, notice of such transfer shall be sent to any lienholder of record.