Transfer a car title after a death in New York

A surviving spouse, or the guardian of children under 21, can take one of the person's vehicles worth $25,000 or less. To transfer it to someone else, the spouse or guardian signs the Affidavit for Transfer of Motor Vehicle before a notary or commissioner of deeds and gives the new owner a copy of the death certificate.

Checked against official sources: October 30, 2026.

Car or vehicle title after a death in New York

A surviving spouse, or the guardian of children under 21, can take one of the person's vehicles worth $25,000 or less. To transfer it to someone else, the spouse or guardian signs the Affidavit for Transfer of Motor Vehicle before a notary or commissioner of deeds and gives the new owner a copy of the death certificate. If the vehicle is worth more than $25,000, the spouse or children may still take it by paying the estate the amount over $25,000. If there is no surviving spouse and no child under 21, no will to be probated and no executor or administrator, next of kin can transfer one vehicle worth $25,000 or less with form MV-349 (sworn before a notary or commissioner of deeds), the title and a copy of the death certificate; MV-349 cannot be used if the person owned more than one vehicle. In other cases the executor, administrator or voluntary administrator signs the title and gives the DMV a copy of the letters or the voluntary administrator's affidavit. A title from another state must be transferred by an executor or administrator. The DMV checklist MV-843 lists everything to bring.

Law: MV-349.1; N.Y. EPTL 5-3.1(a)(5); DMV forms MV-349.1, MV-349, MV-843

Agency
New York State Department of Motor Vehicles (DMV)
Form
MV-349.1 Affidavit for Transfer of Motor Vehicle (4/25); MV-349 Transfer of Vehicle Registered in Name of Deceased Person (8/21); checklist MV-843 (10/25)
Value limit
Up to $25,000
Fee

DMV title fees apply; ask the DMV.

Source: Official page

Do vehicles count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Cars and other vehicles
Counts

A car is personal property and counts. One car worth up to $25,000 that is set aside for a surviving spouse or children under 21 is left out of the total.

Law: SCPA 1301(1); EPTL 5-3.1(a)(5)

Boats and mobile or manufactured homes
Counts

Boats and other personal property count at their value.

Law: SCPA 1301(1)

Related pages

Free help in New York

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.