South Dakota 2022 Regular Session

South Dakota Senate Bill SB127

Introduced
1/27/22  

Caption

To establish the transfer of a boat upon death.

Impact

The proposed legislation impacts state laws regarding the transfer of personal property upon death, specifically focusing on vessels. By permitting owners to designate a beneficiary directly on the title, the bill simplifies the inheritance process. It is expected to reduce administrative delays and legal complications associated with transferring ownership and would ensure that heirs receive the boat more efficiently. The measure could serve as a model for other types of property transfers in the future.

Summary

Senate Bill 127 aims to streamline the process of transferring ownership of a boat upon the death of the owner or the last survivor in a joint tenancy. By establishing a legal framework for the transfer on death, the bill allows boat owners to designate a beneficiary directly on the boat's certificate of title. This provision is significant as it offers a clear legal pathway for boat ownership succession without the need for probate, thereby easing the burden on the heirs during a difficult time.

Contention

While the bill is largely seen as a positive development for many boat owners, some contention arises regarding the implications for lienholders. The legislation stipulates that the transfer of ownership is subject to the rights of all lienholders, which raises concerns about how debts and liens against the boat would be handled post-transfer. Additionally, stakeholders may debate the adequacy of consent processes surrounding changes to beneficiary designations, with some advocating for more stringent measures to protect the rights of all parties involved.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1129

Provide for the transfer of motor vehicles and boats upon death.

SD SB125

To establish the transfer of a motor vehicle upon death.

SD SB462

Relating to authorizing a revocable deed that transfers real property at the transferor's death.

SD HB703

Relating to authorizing a revocable deed that transfers real property at the transferor's death.

SD S0049

Transfer on Death Deed

SD SB104

Vehicles/boats: Transfer On Death Title

SD HB81

Vehicles/boats: Transfer On Death Title

SD HB18

Vehicles/boats: Transfer On Death Title

SD S3376

Establishes "Uniform Real Property Transfer on Death Act."

SD A4539

Establishes "Uniform Real Property Transfer on Death Act."

Similar Bills

No similar bills found.