Transferring a Car After Someone Dies in New York
How to transfer a vehicle title after the owner dies in New York, from the official motor vehicle agency.
Short answer: If the vehicle is worth $25,000 or less, ownership passes to a surviving spouse; to transfer the title, the spouse prints the decedent's name as seller and signs 'as surviving Spouse.' If there is no surviving spouse (or the spouse is disqualified), children under 21 take it, with a… New York DMV, If a Family Member Has Passed Away
| Transferring a car after death | If the vehicle is worth $25,000 or less, ownership passes to a surviving spouse; to transfer the title, the spouse prints the decedent's name as seller and signs 'as surviving Spouse.' If there is no surviving spouse (or the spouse is disqualified), children under 21 take it, with a spouse or guardian signing; a notarized Affidavit for Transfer of Motor Vehicle (MV-349.1) and a copy of the death certificate are used to transfer to someone else. With no will, estate, spouse or minor child, next of kin may use MV-349 for a vehicle worth $25,000 or less. If there is more than one vehicle, or one worth more than $25,000, it is part of the estate: the executor or administrator signs the title in that capacity and submits Letters Testamentary or Letters of Administration from Surrogate's Court. |
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More New York estate law
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- Small Estate Affidavit in New York
- Power of Attorney in New York
- Quitclaim Deeds and Transferring Property in New York
- Who Inherits If You Die Without a Will in New York
- How to Make a Valid Will in New York
- How Probate Works in New York
- Living Wills and Advance Directives in New York
- Revocable Living Trusts in New York
- Executor Duties in New York
- Letters Testamentary in New York
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- How to Avoid Probate in New York
- All New York wills, probate and estate rules
FAQ
How do I transfer a car title after someone dies in New York?
If the vehicle is worth $25,000 or less, ownership passes to a surviving spouse; to transfer the title, the spouse prints the decedent's name as seller and signs 'as surviving Spouse.' If there is no surviving spouse (or the spouse is disqualified), children under 21 take it, with a spouse or guardian signing; a notarized Affidavit for Transfer of Motor Vehicle (MV-349.1) and a copy of the death certificate are used to transfer to someone else. With no will, estate, spouse or minor child, next of kin may use MV-349 for a vehicle worth $25,000 or less. If there is more than one vehicle, or one worth more than $25,000, it is part of the estate: the executor or administrator signs the title in that capacity and submits Letters Testamentary or Letters of Administration from Surrogate's Court.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.