625 ILCS 45/3A-15
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 45/ - Boat Registration and Safety Act.|Article IIIA - Certificate Of Title, Motorboats And Sailboats Over 12 Feet In Length

 (from Ch. 95 1/2, par. 313A-15)Sec. 3A-15. Transfer by operation of law.(a) If the interest of an owner in a watercraft passes to another other  than by voluntary transfer, the transferee shall, except as provided in  subsection (b), promptly mail or deliver within 15 days to the Department of  Natural Resources the last certificate of title, if  available, proof of the transfer, and his or her application for a new  certificate in the form the Department prescribes.  It  shall be unlawful for any person having possession of a certificate of title  for a watercraft by reason of his or her having a lien or encumbrance on such  watercraft, to fail or refuse to deliver such certificate to the owner, upon  the satisfaction or discharge of the lien or encumbrance, indicated upon such  certificate of title.(b) If the interest of an owner in a watercraft passes to another under the  provisions of the Small Estates provisions of the Probate Act of 1975,  as amended, the transferee shall promptly mail or deliver to the Department of  Natural Resources, within 120 days, the last certificate  of title, if available, the documentation required under the provisions of the  Probate Act of 1975, as amended, and an application for certificate  of title.  The transfer may be to the transferee or to the nominee of the  transferee.(c) If the interest of an owner in a watercraft passes to another under  other provisions of the Probate Act of 1975, as amended,  and the transfer is made by an executor, administrator, or guardian for  a person with a disability, such transferee shall promptly mail or deliver to the  Department of Natural Resources, the last certificate of  title, if available, and a certified copy of the letters testamentary, letters  of administration or letters of guardianship, as the case may be, and an  application for certificate of title.  Such application shall be made before  the estate is closed.  The transfer may be to the transferee or to the nominee  of the transferee.(d) If the interest of an owner in joint tenancy passes to the other  joint tenant with survivorship rights as provided by law, the transferee  shall promptly mail or deliver to the Department of Natural Resources, the last certificate of title, if available, proof of death  of the one joint tenant  and survivorship of the surviving joint tenant, and an application for  certificate of title.  Such application shall be made within 120 days after  the death of the joint tenant.  The transfer may be to the  transferee or to the nominee of the transferee.(e) If the interest of the owner is terminated or the watercraft is sold  under a security agreement by a lienholder named in the certificate of  title, the transferee shall promptly mail or deliver within 15 days to the  Department of Natural Resources the last certificate of  title, his or her  application for a new certificate in the form the Department  prescribes, and an affidavit made by or on behalf of the lienholder that  the watercraft was repossessed and that the interest of the owner was lawfully  terminated or sold pursuant to the terms of the security agreement.  In all  cases wherein a lienholder has found it necessary to repossess a watercraft  and desires to obtain certificate of title for such watercraft in the  name of such lienholder, the Department of Natural Resources shall not issue a  certificate of title to such lienholder unless the person from whom such  watercraft has been repossessed, is shown to be the last registered owner of  such watercraft and such lienholder establishes to the satisfaction of  the Department that he or she is entitled to such  certificate of title.(f) A person holding a certificate of title whose interest in the  watercraft has been extinguished or transferred other than by voluntary  transfer shall mail or deliver the certificate within 15 days upon request  of the Department of Natural Resources.  The delivery of  the certificate pursuant to the request of the Department of Natural  Resources does not affect the  rights of the person surrendering the certificate, and the action of the  Department in issuing a new certificate of title as  provided herein is not conclusive upon the rights of an owner or lienholder  named in the old certificate.(g) The Department of Natural Resources may decline to  process any  application for a transfer of an interest hereunder if any fees or taxes  due under this Act from the transferor or the transferee have not been paid  upon reasonable notice and demand.(h) The Department of Natural Resources shall not be  held civilly or criminally liable to any person because any purported  transferor may not have had the power or authority to make a transfer of any  interest in any watercraft.  (Source: P.A. 99-143, eff. 7-27-15.)