Transferring a car title after the owner dies in New York
For a spouse, child, heir or executor dealing with a car that was owned by someone who died in New York.
To transfer a car title after the owner dies in New York, the route depends on who survives and on the car. A surviving spouse, or the guardian of children under twenty-one, can take one car worth $25,000 or less and pass it on with the Affidavit for Transfer of Motor Vehicle. Otherwise the executor or administrator signs the title.
If the estate is going through probate, or family members disagree, talk to the probate court or a lawyer before you sign anything.
Last checked against official New York sources.
Which route applies when a car owner dies in New York?
A surviving spouse, one car worth $25,000 or less
The car passes to the spouse. To sell it, print the owner's name as seller and sign your name followed by "as surviving Spouse".
MV-349.1 · Affidavit for Transfer of Motor Vehicledmv.ny.gov checkedChildren under 21 and no surviving spouse
One car worth $25,000 or less passes to the children. Their guardian signs the title and writes "guardian of" and the child's name and relationship.
dmv.ny.gov checkedPassing the car to someone else
The spouse or guardian fills out the Affidavit for Transfer of Motor Vehicle (MV-349.1), has it notarized and gives the new owner a copy of the death certificate.
MV-349.1 · Affidavit for Transfer of Motor Vehicledmv.ny.gov checkedMore than one car, or a car worth more than $25,000
The car is part of the estate. The executor or administrator signs the title and sends a copy of the court's Letters with it.
dmv.ny.gov checkedCommon questions
Can a surviving spouse sell the car in New York?
Yes. Print the owner's name as seller and sign your own name followed by the words as surviving Spouse.
dmv.ny.gov checked
Does the affidavit need a notary?
Yes. The Affidavit for Transfer of Motor Vehicle (MV-349.1) must be notarized, and the new owner gets a copy of the death certificate.
dmv.ny.gov checked
What if the owner left more than one car?
Then the cars are part of the estate. The executor or administrator signs the title and includes a copy of the court's Letters.
dmv.ny.gov checked
Sources for this page
About this page
This page summarizes official New York sources in plain English. Car Title Steps is not a government website, is not connected to the New York State Department of Motor Vehicles, and does not file or prepare forms. Confirm each step with the agency before you sign, pay or mail anything. Found a mistake? Email mr@marcelruettgers.com.