Car Title Steps

New York · Owner died

Not a government website. Not legal advice.

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 checked

Children 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 checked

Passing 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 checked

More 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 checked

Common 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

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