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Transfer a car after a death in New York (MV-349.1)

Checked against official sources on October 24, 2026.

Deadline
None stated
Cost
Standard title and registration fees
Notary
Yes, MV-349.1
Where
DMV office

Official forms

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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

  1. On the back of the title, print the deceased owner’s name in “Seller’s Name (Print in Full)”.
  2. Sign in “Seller’s Signature” and add “as surviving spouse”.
  3. 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)

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

Sources

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