{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/29.1-733.20.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/29.1-733.20.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/29.1-733.20.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/29.1-733.20.html"}],"law_id":54234,"edition_id":1,"section_id":54234,"structure_id":13228,"section_number":"29.1-733.20","catch_line":"Transfer by operation of law","history":"2013, c. 787; 2019, c. 236.","full_text":"A\n\nAs used in this section, unless the context requires a different meaning:\n\t\t\t“By operation of law” means pursuant to a law or judicial order affecting ownership of a watercraft:1\n\nBecause of death, such as in the case of a legatee, distributee, or surviving joint owner;2\n\nBecause of divorce or other family law proceeding;3\n\nBecause of any written agreement ratified or incorporated in a decree or order of a court of record;4\n\nBecause of merger, consolidation, dissolution, insolvency, or bankruptcy;5\n\nBecause of an execution sale;6\n\nThrough the exercise of the rights of a lien creditor or a person having a lien created by statute or rule of law, including a lien provided for in § 43-34;7\n\nThrough the execution of a statement of transfer on death; or8\n\nThrough other legal process.\n\t\t\t\t“Transfer-by-law statement” means a record signed by a transferee stating that by operation of law the transferee has acquired or has the right to acquire an ownership interest in a watercraft.B\n\nA transfer-by-law statement shall contain:1\n\nThe name and last-known mailing address of the owner of record and the transferee and the other information required by subsection B of § 29.1-733.7;2\n\nDocumentation sufficient to establish the transferee’s ownership interest or right to acquire the ownership interest;3\n\nA statement that:\n\t\t\t\ta. The certificate of title is an electronic certificate of title;\n\t\t\t\tb. The transferee does not have possession of the written certificate of title created in the name of the owner of record; or\n\t\t\t\tc. The transferee is delivering the written certificate to the Department with the transfer-by-law statement;4\n\nExcept for a transfer described in subdivision 1 of the definition of “by operation of law,” evidence that notification of the transfer and the intent to file the transfer-by-law statement has been sent to all persons indicated in the files of the Department as having an interest, including a security interest, in the watercraft; and5\n\nIf the owner is dead and no fiduciary has qualified for his estate, an estate statement to the effect that no qualification for the estate has been made, that no qualification is expected, and that the decedent’s debts have been paid or that the proceeds from the sale of the watercraft will be applied against his debts. The estate statement shall contain the name, residence at the time of death, and date of death of the decedent and the names of any other persons having an interest in the watercraft for which the transfer of title is sought. If these persons are of legal age, they shall signify in writing their consent to the transfer.C\n\nUnless the Department rejects a transfer-by-law statement for a reason stated in subsection C of \u00a7 29.1-733.8 or because the statement does not include documentation or an estate statement satisfactory to the Department as to the transferee’s ownership interest or right to acquire the ownership interest, not later than 20 days after delivery to the Department of the transfer-by-law statement and payment of fees and taxes payable under the law of the Commonwealth other than this article in connection with the statement or with the acquisition or use of the watercraft, the Department shall:1\n\nAccept the statement;2\n\nAmend the files of the Department to reflect the transfer; and3\n\nIf the name of the owner whose ownership interest is being transferred is indicated on the certificate of title:\n\t\t\t\ta. Cancel the certificate even if the certificate has not been delivered to the Department;\n\t\t\t\tb. Create a new certificate indicating the transferee as owner;\n\t\t\t\tc. Indicate on the new certificate any security interest indicated on the canceled certificate, unless a court order provides otherwise; and\n\t\t\t\td. Deliver the new certificate or a record evidencing an electronic certificate.D\n\nThis section does not apply to a transfer of an interest in a watercraft by a secured party under Part 6 (§ 8.9A-601 et seq.) of Title 8.9A.","order_by":null,"text":{"0":{"id":199146,"text":"As used in this section, unless the context requires a different meaning:\n\t\t\t“By operation of law” means pursuant to a law or judicial order affecting ownership of a watercraft:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":199147,"text":"Because of death, such as in the case of a legatee, distributee, or surviving joint owner;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":199148,"text":"Because of divorce or other family law proceeding;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":199149,"text":"Because of any written agreement ratified or incorporated in a decree or order of a court of record;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":199150,"text":"Because of merger, consolidation, dissolution, insolvency, or bankruptcy;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":199151,"text":"Because of an execution sale;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":199152,"text":"Through the exercise of the rights of a lien creditor or a person having a lien created by statute or rule of law, including a lien provided for in § 43-34;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":199153,"text":"Through the execution of a statement of transfer on death; or","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":199154,"text":"Through other legal process.\n\t\t\t\t“Transfer-by-law statement” means a record signed by a transferee stating that by operation of law the transferee has acquired or has the right to acquire an ownership interest in a watercraft.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"B"},"9":{"id":199155,"text":"A transfer-by-law statement shall contain:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A8","next_prefix":"B1"},"10":{"id":199156,"text":"The name and last-known mailing address of the owner of record and the transferee and the other information required by subsection B of § 29.1-733.7;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"11":{"id":199157,"text":"Documentation sufficient to establish the transferee’s ownership interest or right to acquire the ownership interest;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"12":{"id":199158,"text":"A statement that:\n\t\t\t\ta. The certificate of title is an electronic certificate of title;\n\t\t\t\tb. The transferee does not have possession of the written certificate of title created in the name of the owner of record; or\n\t\t\t\tc. The transferee is delivering the written certificate to the Department with the transfer-by-law statement;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"13":{"id":199159,"text":"Except for a transfer described in subdivision 1 of the definition of “by operation of law,” evidence that notification of the transfer and the intent to file the transfer-by-law statement has been sent to all persons indicated in the files of the Department as having an interest, including a security interest, in the watercraft; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"14":{"id":199160,"text":"If the owner is dead and no fiduciary has qualified for his estate, an estate statement to the effect that no qualification for the estate has been made, that no qualification is expected, and that the decedent’s debts have been paid or that the proceeds from the sale of the watercraft will be applied against his debts. The estate statement shall contain the name, residence at the time of death, and date of death of the decedent and the names of any other persons having an interest in the watercraft for which the transfer of title is sought. If these persons are of legal age, they shall signify in writing their consent to the transfer.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"15":{"id":199161,"text":"Unless the Department rejects a transfer-by-law statement for a reason stated in subsection C of \u00a7 29.1-733.8 or because the statement does not include documentation or an estate statement satisfactory to the Department as to the transferee’s ownership interest or right to acquire the ownership interest, not later than 20 days after delivery to the Department of the transfer-by-law statement and payment of fees and taxes payable under the law of the Commonwealth other than this article in connection with the statement or with the acquisition or use of the watercraft, the Department shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"C1"},"16":{"id":199162,"text":"Accept the statement;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"17":{"id":199163,"text":"Amend the files of the Department to reflect the transfer; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"18":{"id":199164,"text":"If the name of the owner whose ownership interest is being transferred is indicated on the certificate of title:\n\t\t\t\ta. Cancel the certificate even if the certificate has not been delivered to the Department;\n\t\t\t\tb. Create a new certificate indicating the transferee as owner;\n\t\t\t\tc. Indicate on the new certificate any security interest indicated on the canceled certificate, unless a court order provides otherwise; and\n\t\t\t\td. Deliver the new certificate or a record evidencing an electronic certificate.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"19":{"id":199165,"text":"This section does not apply to a transfer of an interest in a watercraft by a secured party under Part 6 (§ 8.9A-601 et seq.) of Title 8.9A.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3"}},"ancestry":[{"id":13228,"edition_id":1,"name":"Virginia Uniform Certificate of Title for Watercraft Act","identifier":"2.1","label":"article","depth":3,"order_by":1,"parent_id":13227,"metadata":{},"date_created":"2026-06-26 03:44:29","date_modified":"2026-06-26 03:44:29","permalink":{"id":193527,"object_type":"structure","relational_id":13228,"identifier":"2.1","token":"29.1\/7\/2.1","url":"\/29.1\/7\/2.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13227,"edition_id":1,"name":"Boating Laws","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12934,"metadata":{},"date_created":"2026-06-26 03:44:29","date_modified":"2026-06-26 03:44:29","permalink":{"id":193453,"object_type":"structure","relational_id":13227,"identifier":"7","token":"29.1\/7","url":"\/29.1\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12934,"edition_id":1,"name":"Wildlife, Inland Fisheries and Boating","identifier":"29.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":192277,"object_type":"structure","relational_id":12934,"identifier":"29.1","token":"29.1","url":"\/29.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59450,"structure_id":13228,"section_number":"29.1-733.10","catch_line":"Title brand","url":"\/29.1-733.10\/","token":"29.1\/7\/2.1\/29.1-733.10","metadata":false},{"id":66488,"structure_id":13228,"section_number":"29.1-733.11","catch_line":"Maintenance of and access to files","url":"\/29.1-733.11\/","token":"29.1\/7\/2.1\/29.1-733.11","metadata":false},{"id":81845,"structure_id":13228,"section_number":"29.1-733.12","catch_line":"Action required on creation of certificate of title","url":"\/29.1-733.12\/","token":"29.1\/7\/2.1\/29.1-733.12","metadata":false},{"id":84270,"structure_id":13228,"section_number":"29.1-733.13","catch_line":"Effect of certificate of title","url":"\/29.1-733.13\/","token":"29.1\/7\/2.1\/29.1-733.13","metadata":false},{"id":85781,"structure_id":13228,"section_number":"29.1-733.14","catch_line":"Effect of possession of certificate of title; judicial process; levy; penalty","url":"\/29.1-733.14\/","token":"29.1\/7\/2.1\/29.1-733.14","metadata":false},{"id":72201,"structure_id":13228,"section_number":"29.1-733.15","catch_line":"Perfection of security interest","url":"\/29.1-733.15\/","token":"29.1\/7\/2.1\/29.1-733.15","metadata":false},{"id":82562,"structure_id":13228,"section_number":"29.1-733.16","catch_line":"Termination statement; delivery of certificate of title; penalty","url":"\/29.1-733.16\/","token":"29.1\/7\/2.1\/29.1-733.16","metadata":false},{"id":72284,"structure_id":13228,"section_number":"29.1-733.17","catch_line":"Transfer of ownership","url":"\/29.1-733.17\/","token":"29.1\/7\/2.1\/29.1-733.17","metadata":false},{"id":64392,"structure_id":13228,"section_number":"29.1-733.18","catch_line":"Effect of missing or incorrect information","url":"\/29.1-733.18\/","token":"29.1\/7\/2.1\/29.1-733.18","metadata":false},{"id":64029,"structure_id":13228,"section_number":"29.1-733.19","catch_line":"Transfer of ownership by secured party's transfer statement","url":"\/29.1-733.19\/","token":"29.1\/7\/2.1\/29.1-733.19","metadata":false},{"id":76938,"structure_id":13228,"section_number":"29.1-733.2","catch_line":"Definitions","url":"\/29.1-733.2\/","token":"29.1\/7\/2.1\/29.1-733.2","metadata":false},{"id":54234,"structure_id":13228,"section_number":"29.1-733.20","catch_line":"Transfer by operation of law","url":"\/29.1-733.20\/","token":"29.1\/7\/2.1\/29.1-733.20","metadata":false},{"id":80512,"structure_id":13228,"section_number":"29.1-733.21","catch_line":"Application for transfer of ownership or termination of security interest without certificate of title","url":"\/29.1-733.21\/","token":"29.1\/7\/2.1\/29.1-733.21","metadata":false},{"id":59034,"structure_id":13228,"section_number":"29.1-733.22","catch_line":"Replacement certificate of title","url":"\/29.1-733.22\/","token":"29.1\/7\/2.1\/29.1-733.22","metadata":false},{"id":82240,"structure_id":13228,"section_number":"29.1-733.23","catch_line":"Rights of purchaser other than secured party","url":"\/29.1-733.23\/","token":"29.1\/7\/2.1\/29.1-733.23","metadata":false},{"id":70415,"structure_id":13228,"section_number":"29.1-733.24","catch_line":"Rights of secured party","url":"\/29.1-733.24\/","token":"29.1\/7\/2.1\/29.1-733.24","metadata":false},{"id":55510,"structure_id":13228,"section_number":"29.1-733.25","catch_line":"Acquiring title to an abandoned watercraft","url":"\/29.1-733.25\/","token":"29.1\/7\/2.1\/29.1-733.25","metadata":false},{"id":58657,"structure_id":13228,"section_number":"29.1-733.26","catch_line":"Duties and operation of the Department","url":"\/29.1-733.26\/","token":"29.1\/7\/2.1\/29.1-733.26","metadata":false},{"id":74341,"structure_id":13228,"section_number":"29.1-733.27","catch_line":"Uniformity of application and construction","url":"\/29.1-733.27\/","token":"29.1\/7\/2.1\/29.1-733.27","metadata":false},{"id":80225,"structure_id":13228,"section_number":"29.1-733.28","catch_line":"Relationship to Electronic Signatures in Global and National Commerce Act","url":"\/29.1-733.28\/","token":"29.1\/7\/2.1\/29.1-733.28","metadata":false},{"id":66326,"structure_id":13228,"section_number":"29.1-733.29","catch_line":"Savings clause","url":"\/29.1-733.29\/","token":"29.1\/7\/2.1\/29.1-733.29","metadata":false},{"id":83150,"structure_id":13228,"section_number":"29.1-733.3","catch_line":"Applicability","url":"\/29.1-733.3\/","token":"29.1\/7\/2.1\/29.1-733.3","metadata":false},{"id":67036,"structure_id":13228,"section_number":"29.1-733.4","catch_line":"Supplemental principles of law and equity","url":"\/29.1-733.4\/","token":"29.1\/7\/2.1\/29.1-733.4","metadata":false},{"id":73968,"structure_id":13228,"section_number":"29.1-733.5","catch_line":"Law governing watercraft covered by certificate of title","url":"\/29.1-733.5\/","token":"29.1\/7\/2.1\/29.1-733.5","metadata":false},{"id":87192,"structure_id":13228,"section_number":"29.1-733.6","catch_line":"Certificate of title required","url":"\/29.1-733.6\/","token":"29.1\/7\/2.1\/29.1-733.6","metadata":false},{"id":68953,"structure_id":13228,"section_number":"29.1-733.7","catch_line":"Application for certificate of title","url":"\/29.1-733.7\/","token":"29.1\/7\/2.1\/29.1-733.7","metadata":false},{"id":57724,"structure_id":13228,"section_number":"29.1-733.8","catch_line":"Creation and cancellation of certificate of title","url":"\/29.1-733.8\/","token":"29.1\/7\/2.1\/29.1-733.8","metadata":false},{"id":83895,"structure_id":13228,"section_number":"29.1-733.9","catch_line":"Content of certificate of title","url":"\/29.1-733.9\/","token":"29.1\/7\/2.1\/29.1-733.9","metadata":false}],"previous_section":{"id":76938,"structure_id":13228,"section_number":"29.1-733.2","catch_line":"Definitions","url":"\/29.1-733.2\/","token":"29.1\/7\/2.1\/29.1-733.2","metadata":false},"next_section":{"id":80512,"structure_id":13228,"section_number":"29.1-733.21","catch_line":"Application for transfer of ownership or termination of security interest without certificate of title","url":"\/29.1-733.21\/","token":"29.1\/7\/2.1\/29.1-733.21","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/29.1-733.20\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapter 787<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2019, chapter 236<\/a>.<\/p>","references":[{"id":80512,"section_number":"29.1-733.21","catch_line":"Application for transfer of ownership or termination of security interest without certificate of title","order_by":null,"url":"\/29.1-733.21\/"},{"id":58657,"section_number":"29.1-733.26","catch_line":"Duties and operation of the Department","order_by":null,"url":"\/29.1-733.26\/"},{"id":68953,"section_number":"29.1-733.7","catch_line":"Application for certificate of title","order_by":null,"url":"\/29.1-733.7\/"},{"id":86455,"section_number":"58.1-3921","catch_line":"Treasurer to make out lists of uncollectable taxes and delinquents","order_by":null,"url":"\/58.1-3921\/"}],"refers_to":[{"id":68953,"section_number":"29.1-733.7","catch_line":"Application for certificate of title","order_by":null,"url":"\/29.1-733.7\/"},{"id":57724,"section_number":"29.1-733.8","catch_line":"Creation and cancellation of certificate of title","order_by":null,"url":"\/29.1-733.8\/"},{"id":55384,"section_number":"43-34","catch_line":"Enforcement of liens acquired under \u00a7\u00a7 43-31 through 43-33 and of liens of bailees","order_by":null,"url":"\/43-34\/"},{"id":87391,"section_number":"8.9A-601","catch_line":"Rights after default; judicial enforcement, consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes","order_by":null,"url":"\/8.9A-601\/"}],"permalink":{"id":193573,"object_type":"law","relational_id":54234,"identifier":"29.1-733.20","token":"29.1\/7\/2.1\/29.1-733.20","url":"\/29.1-733.20\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/29.1-733.20\/","token":"29.1\/7\/2.1\/29.1-733.20","dublin_core":{"Title":"Transfer by operation of law","Type":"Text","Format":"text\/html","Identifier":"\u00a7 29.1-733.20","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, unless the context requires a different meaning:\n\t\t\t“By operation of law<\/span>” means pursuant to a law or judicial order<\/span> affecting ownership of a watercraft<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Because of death, such as in the case of a legatee, distributee, or surviving joint owner<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Because of divorce or other family law proceeding; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Because of any written agreement<\/span> ratified or incorporated in a decree<\/span> or order<\/span> of a court<\/span> of record<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Because of merger, consolidation<\/span>, dissolution, insolvency, or bankruptcy<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Because of an execution sale<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Through the exercise of the rights of a lien<\/span> creditor<\/span> or a person<\/span> having a lien<\/span> created by statute<\/span> or rule of law, including a lien<\/span> provided for in § 43-34<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Through the execution of a statement of transfer on death; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Through other legal process.\n\t\t\t\t“Transfer-by-law statement<\/span>” means a record<\/span> signed by a transferee stating that by operation of law<\/span> the transferee has acquired or has the right to acquire an ownership interest in a watercraft<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A transfer-by-law statement<\/span> shall contain: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The name and last-known mailing address of the owner of record<\/span> and the transferee and the other information required by subsection B of § 29.1-733.7<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Documentation sufficient to establish the transferee’s ownership interest or right to acquire the ownership interest; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A statement that:\n\t\t\t\ta. The certificate of title<\/span> is an electronic certificate of title<\/span><\/span>;\n\t\t\t\tb. The transferee does not have possession<\/span> of the written certificate of title<\/span><\/span> created in the name of the owner of record<\/span>; or\n\t\t\t\tc. The transferee is delivering the written certificate to the Department<\/span> with the transfer-by-law statement<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Except for a transfer described in subdivision 1 of the definition of “by operation of law<\/span>,” evidence<\/span> that notification of the transfer and the intent<\/span> to file the transfer-by-law statement<\/span> has been sent to all persons<\/span> indicated in the files of the Department<\/span> as having an interest, including a security interest<\/span>, in the watercraft<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If the owner is dead and no fiduciary has qualified for his estate, an estate statement to the effect that no qualification for the estate has been made, that no qualification is expected, and that the decedent’s debts have been paid or that the proceeds from the sale<\/span> of the watercraft<\/span> will be applied against his debts. The estate statement shall contain the name, residence at the time of death, and date of death of the decedent and the names of any other persons<\/span> having an interest in the watercraft<\/span> for which the transfer of title is sought. If these persons<\/span> are of legal age, they shall signify in writing their consent to the transfer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Unless the Department<\/span> rejects a transfer-by-law statement<\/span> for a reason stated in subsection C of \u00a7 29.1-733.8<\/a> or because the statement does not include documentation or an estate statement satisfactory to the Department<\/span> as to the transferee’s ownership interest or right to acquire the ownership interest, not later than 20 days after delivery to the Department<\/span> of the transfer-by-law statement<\/span> and payment of fees and taxes payable under the law of the Commonwealth other than this article in connection with the statement or with the acquisition or use of the watercraft<\/span>, the Department<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Accept the statement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Amend<\/span> the files of the Department<\/span> to reflect the transfer; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the name of the owner whose ownership interest is being transferred is indicated on the certificate of title<\/span>:\n\t\t\t\ta. Cancel the certificate even if the certificate has not been delivered to the Department<\/span>;\n\t\t\t\tb. Create a new certificate indicating the transferee as owner;\n\t\t\t\tc. Indicate on the new certificate any security interest<\/span> indicated on the canceled certificate, unless a court order<\/span> provides otherwise; and\n\t\t\t\td. Deliver the new certificate or a record evidencing an electronic certificate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> This section does not apply to a transfer of an interest in a watercraft<\/span> by a secured party<\/span> under Part 6 (§ 8.9A-601<\/a> et seq.) of Title 8.9A. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRANSFER BY OPERATION OF LAW (\u00a7 29.1-733.20)\n\nA. As used in this section, unless the context requires a different meaning:\n\t\t\t“By operation of law” means pursuant to a law or judicial order\naffecting ownership of a watercraft:\n\n 1. Because of death, such as in the case of a legatee, distributee, or\n surviving joint owner;\n\n 2. Because of divorce or other family law proceeding;\n\n 3. Because of any written agreement ratified or incorporated in a decree or\n order of a court of record;\n\n 4. Because of merger, consolidation, dissolution, insolvency, or bankruptcy;\n\n 5. Because of an execution sale;\n\n 6. Through the exercise of the rights of a lien creditor or a person having a\n lien created by statute or rule of law, including a lien provided for in\n § 43-34;\n\n 7. Through the execution of a statement of transfer on death; or\n\n 8. Through other legal process.\n \t\t\t\t“Transfer-by-law statement” means a record signed by a\n transferee stating that by operation of law the transferee has acquired or has\n the right to acquire an ownership interest in a watercraft.\n\nB. A transfer-by-law statement shall contain:\n\n 1. The name and last-known mailing address of the owner of record and the\n transferee and the other information required by subsection B of §\n 29.1-733.7;\n\n 2. Documentation sufficient to establish the transferee’s ownership\n interest or right to acquire the ownership interest;\n\n 3. A statement that:\n \t\t\t\ta. The certificate of title is an electronic certificate of title;\n \t\t\t\tb. The transferee does not have possession of the written certificate of\n title created in the name of the owner of record; or\n \t\t\t\tc. The transferee is delivering the written certificate to the Department\n with the transfer-by-law statement;\n\n 4. Except for a transfer described in subdivision 1 of the definition of\n “by operation of law,” evidence that notification of the transfer\n and the intent to file the transfer-by-law statement has been sent to all\n persons indicated in the files of the Department as having an interest,\n including a security interest, in the watercraft; and\n\n 5. If the owner is dead and no fiduciary has qualified for his estate, an\n estate statement to the effect that no qualification for the estate has been\n made, that no qualification is expected, and that the decedent’s debts\n have been paid or that the proceeds from the sale of the watercraft will be\n applied against his debts. The estate statement shall contain the name,\n residence at the time of death, and date of death of the decedent and the\n names of any other persons having an interest in the watercraft for which the\n transfer of title is sought. If these persons are of legal age, they shall\n signify in writing their consent to the transfer.\n\nC. Unless the Department rejects a transfer-by-law statement for a reason stated\nin subsection C of \u00a7 29.1-733.8 or because the statement does not include\ndocumentation or an estate statement satisfactory to the Department as to the\ntransferee’s ownership interest or right to acquire the ownership\ninterest, not later than 20 days after delivery to the Department of the\ntransfer-by-law statement and payment of fees and taxes payable under the law of\nthe Commonwealth other than this article in connection with the statement or\nwith the acquisition or use of the watercraft, the Department shall:\n\n 1. Accept the statement;\n\n 2. Amend the files of the Department to reflect the transfer; and\n\n 3. If the name of the owner whose ownership interest is being transferred is\n indicated on the certificate of title:\n \t\t\t\ta. Cancel the certificate even if the certificate has not been delivered\n to the Department;\n \t\t\t\tb. Create a new certificate indicating the transferee as owner;\n \t\t\t\tc. Indicate on the new certificate any security interest indicated on the\n canceled certificate, unless a court order provides otherwise; and\n \t\t\t\td. Deliver the new certificate or a record evidencing an electronic\n certificate.\n\nD. This section does not apply to a transfer of an interest in a watercraft by a\nsecured party under Part 6 (§ 8.9A-601 et seq.) of Title 8.9A.\n\nHISTORY: 2013, c. 787; 2019, c. 236.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}