Legal Statuses & Role Types
The Legal Status is the binding of two or more persons, companies, entities, or the combination of a person or persons and a company sharing ownership of a vehicle or trailer. The status can also be applied to a lienholder.
Legal Statuses will only be used for 'Owner' and 'Trustee' Role Types.
Each Legal Status indicates who has the legal authority to sign ownership documents for/when:
- Ownership is changing
- Title transfers
- Original titles
- Lienholders
- Registration credit
A Legal Status between multiple owners determines which owner has first claim to any available Registration Credit. View the Registration Credit topic > Registration Credit & Multiple Owners section for more information.
When transferring ownership into the new owners' name with the any of the below legal statues requires ALL owners to sign the T&R Application or Title Summary page.
The Legal Status may be changed for $4.00 Title fee and the vehicle does not have to be currently registered. When the record displays a lien, permission from the lienholder is required.
Signifies ownership as joint tenancy with an expressed intent that any of the owners have fully authority to transfer ownership of the vehicle, license plates and/or registration credit, or to record lien information.
When transferring ownership, removing one of the owners off the title, adding or removing a lien, or adding an additional person, or entity, ONE owner's signature is required on the T&R Application or Title Summary page.
When applying for a certificate of title, the signatures of both parties will be required and both parties must sign the Legal Status boxes on the Title and Registration Application or sign the Title Summary Page.
Signifies ownership as tenancy in common with an expressed intent that ALL owners must be aware when transferring ownership of the vehicle, license plates and/or registration credit, or to record lien information.
In the event of the death of either party, the interest of the deceased party must be handled by probate action (through the courts) or by possibly completing a Non-Probate Affidavit, form #32-6901 (if applicable) for the deceased person.
When the interest of the deceased party is handled by a probate action, a certified copy of the court order appointing a personal representative(s) or a 'Decree of Distribution' will need to be submitted.
When transferring ownership, removing an owner, adding or removing a lien, or adding an additional person, or entity, requires ALL owners to sign T&R Application or Title Summary page.
Signifies ownership as joint tenancy with rights of survivorship with an express intent that ALL of the owners must be aware when transferring ownership of the vehicle, license plate and/or registration credit, or to record lien information.
When a certified copy of the death certificate is submitted for the deceased owner, the surviving owner may sign alone.
When transferring ownership, removing an owner, adding or removing a lien, or adding an additional person, or entity, requires ALL owners to sign, if both are living, the T&R Application or Title Summary page.
Role Type & Legal Status
Role Type and Legal Statuses are linked together. The Role Type indicates what type of ownership the customer has over the vehicle. Legal Status indicates who has the legal authority to sign ownership documents.
Depending on which Role Type is selected will indicate whether a Legal Status will be required. For instance, when the vehicle is under a Lessee/Lessor situation, no Legal Status is required; however, for owners there are three possible Legal Statuses to choose from.
Role Types
These two Role Types are associated with each other and typically referred to as a Lessee/Lessor situation.
A Lessee is an individual or company that is leasing a vehicle from a Lessor (which is typically a company, e.g., Toyota Leasing, GMAC Leasing).
A Lessor is the legal owner of the vehicle.
No Legal Status is required for a Lessee/Lessor situation.
Owner
Signifies an individual or Trust owns the vehicle.
Any of the Legal Statuses may be used, in any combination when there is more than one owner.
Signifies one has the fiduciary duty to manage and administer the property in the Trust.
- A Trust is a legal relationship where the trust has legal title (owns) the vehicle
- The vehicle will be listed in the name of a Trust and appointees (or trustees)
- A Legal Status will be required between Trust (Owner) and Trustee(s); however, the Trust is still the owner and the legal status does not affect how the title is signed off
- When there is more than one Trustee, a Legal Status will be required and is dependent on the submitted Trust documentation
When a single trustee is listed on the title, the trustee may sign as if they were the only owner on record.
When multiple trustees are listed on the title, refer to the legal status ‘OR,’ ‘AND,’ ‘AND/OR’ section for signature requirements if the vehicle will be sold, the trust or another trustee are to be taken off of the title, adding or removing a lien.
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When additional documentation (e.g., POA, trust, court document, etc.) is used to give authority to an individual, those documents must be scanned with other supporting documentation. Verify the signature with the submitted documentation (POA, trust paperwork, court document, etc.). |
Division Of
Signifies a business that is part of a larger commercial corporation. Think of it as sister companies.
Doing Business As (DBA)
Signifies a business, located in Arizona that is a division of an out-of-state or country commercial corporation.
Subsidiary Of
Signifies a commercial corporation in which a 'parent corporation' has a controlling share.
Administrator
Signifies a person or persons appointed by the court to manage the assets of a person who has died without having left a valid will.
Conservator
Signifies a person or persons appointed to manage the assets of a person who is legally incapable of doing so for themselves.
Executor
Signifies a person or persons appointed by the deceased (in a will) to manage the assets of the deceased person.
Fiduciary
Signifies a person or persons who are entrusted to manage the assets of another which is appointed by the court.
Guardian
Signifies a person or persons appointed by the court to manage the assets of minor or an incapacitated adult.
With theses court appointed legal statuses, a certified court order will:
- Have instructions for the disposition of the personal property
- Hold this person(s) or agency responsible and accountable to the courts for the disposition of the property of the owner
- If there is more than one person appointed, pay close attention to the legal status on the court order, the same legal status signature requirements will apply for this transaction
- Convey how to administer the estate for the protected person
- If the Conservator or Guardian needs to obtain a paper title, lost plate, duplicate registration, or transfer the title in or out of the owner’s name, they will be required to provide a certified copy or an original of the court order. A copy of the court order needs to be made and kept with the paperwork
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The Conservator or Guardian must apply for ownership of a vehicle for the person they have been appointed to within 30 days before late title transfer penalty fees apply. |
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When additional documentation (e.g., POA, trust, court document, etc.) is used to give authority to an individual, those documents must be scanned with other supporting documentation. Verify the signature with the submitted documentation (POA, trust paperwork, court document, etc.). |