In New York, a surviving spouse automatically inherits one vehicle worth $25,000 or less; if there’s no spouse, children under 21 do. Otherwise the vehicle is part of the estate and the executor or administrator transfers it. Form MV-349.1 is used when the spouse or guardian passes the car on to someone else.
Which case are you in?
| Situation | How it’s transferred |
|---|---|
| Spouse keeps one car worth $25,000 or less | Spouse signs the title as seller “as surviving spouse” |
| No spouse; children under 21 | The guardian signs the title and states the relationship |
| Spouse or guardian passes the car to someone else | MV-349.1, notarized, plus a copy of the death certificate |
| More than one vehicle, or one worth over $25,000 | Executor or administrator, with Surrogate’s Court papers |
Surviving spouse keeping the car
- On the back of the title, print the deceased owner’s name in “Seller’s Name (Print in Full)”.
- Sign in “Seller’s Signature” and add “as surviving spouse”.
- Register and title the car in your name at a DMV office (see registering a car in New York for what to bring).
Spouse or guardian transferring to someone else (MV-349.1)
- MV-349.1, Affidavit for Transfer of Motor Vehicle, sworn before a notary or commissioner of deeds
- A photocopy of the death certificate, given to the new owner
- The title (or transferable registration), properly completed
The new owner submits MV-349.1 and the death certificate copy when registering or titling. The form can only be used for one vehicle from the estate. If the car is worth more than $25,000, the claimant pays the estate the amount above $25,000. A “disqualified spouse” (for example, after a final divorce or separation decree, or abandonment) can’t use it; page 2 of the form lists the rules.
When the estate handles it
If the deceased owned more than one vehicle, or one worth more than $25,000, the executor or administrator signs the title as “Executor (or Administrator) of the Estate of” the deceased, and attaches Letters Testamentary, Letters of Administration or a Voluntary Administrator’s affidavit from Surrogate’s Court. MV-349 and MV-349.1 can’t be used.
Also
- Out-of-state titles are only accepted if an executor or administrator transferred them.
- No will, no estate, no spouse and no minor child? Form MV-349 covers a vehicle worth $25,000 or less in that case.
- The DMV’s MV-843 checklist covers transfers after an owner’s death.
- Plates: surrender them and ask for a transfer receipt; the executor can then request a registration refund with MV-215.