Transfer a Car Title After Death in New York (MV-349.1 and MV-349)

Figures verified November 12, 2026 against New York DMV: MV-843, Transfer of Ownership When the Vehicle Owner Is Deceased (10/25) · Update log

Short answer

New York gives one car worth $25,000 or less to the surviving spouse, or to children under 21 if there is no spouse, on Form MV-349.1. With no spouse or minor children and no will to probate, a next of kin can use Form MV-349 for one car worth $25,000 or less. Both are notarized and go to the DMV with the signed title, a copy of the death certificate and Form MV-82; any other car is transferred by the executor, administrator or voluntary administrator.

New York car title rules at a glance

Form	Form MV-349.1, Affidavit for Transfer of Motor Vehicle (and MV-349 for next of kin)
Who signs	MV-349.1: the surviving spouse, or the guardian of children under 21. MV-349: one next of kin, who either gets the consent of the other eligible relatives or agrees to indemnify them.
Notarized?	Yes. Both forms are sworn before a notary public or commissioner of deeds.
Waiting period	None set by the DMV.
Value limit	One car worth $25,000 or less. A spouse can take a car worth more on the MV-349.1 by paying the estate the amount over $25,000.
Death certificate	A copy, with either form. A photocopy is accepted.
Where to file	A DMV office, in person or by mail. Form MV-843 is the DMV's checklist.

Which route fits you

Start at the top: the first route that matches the title and the estate is the one the New York DMV expects. Each needs different paperwork.

1. A surviving spouse or children under 21: MV-349.1

Under EPTL 5-3.1, one car worth $25,000 or less passes to the surviving spouse, or to the children under 21 if there is no spouse (or the spouse is disqualified). The form works whether the family keeps the car or transfers it to someone else.

Sign the back of the title for the dead owner and add "as surviving spouse". A guardian adds "guardian of" and the child's name.
Fill in MV-349.1 and sign it before a notary.
If the car is worth more than $25,000, the spouse can still use the form by paying the estate the amount over $25,000.
The new owner takes the title, MV-349.1, a copy of the death certificate, MV-82, proof of identity, insurance and the sales tax form to the DMV.

2. Next of kin, with no spouse or minor children: MV-349

For one car worth $25,000 or less, when there is no surviving spouse, no children under 21, no will to be probated, and no letters testamentary or of administration will be taken out. If the person owned more than one car, this form can't be used.

One next of kin fills in MV-349 and swears to it before a notary, confirming the other eligible relatives consented or agreeing to indemnify them.
Complete Section 1 (Transfer by Owner) on the back of the title, including the odometer and salvage statements.
The new owner takes the title, MV-349, a copy of the death certificate, MV-82, proof of identity, insurance and the sales tax form to the DMV.

3. Small estate: the voluntary administrator

When the forms above don't fit (more than one car, or a car worth over $25,000) but the estate qualifies for New York's small estate procedure (personal property up to $50,000), the voluntary administrator appointed by the Surrogate's Court signs the car over.

The voluntary administrator signs the title.
Attach a copy of the voluntary administrator's affidavit from the Surrogate's Court. A photocopy is accepted.

4. An executor or administrator

If the person owned more than one car, or the one car is worth over $25,000, the cars belong to the estate. The executor or administrator signs the title.

The executor or administrator signs the title.
Attach a copy of the letters testamentary or letters of administration. A photocopy is accepted.
A title from another state must come with letters or the other state's equivalent. MV-349 and MV-349.1 can't be used for it.

New York probate court: Surrogate's Court in the county. The executor's papers: Letters testamentary (with a will) or letters of administration (without one). See how executors get letters.

Optional: get help filing

Get a flat-fee quote for the estate's tax returns

The final Form 1040, the estate's Form 1041 and any state return are the parts executors most often hand off. Leave your email and the rough estate size, and a CPA or Enrolled Agent who prepares estate returns will reply with a fixed price. Free, and no obligation.

State where the person lived

Rough value of the estate

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Month of death

First name

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We pass your request to an independent CPA or Enrolled Agent who prepares these returns. We may be paid a referral fee by the professional; it never changes the price you are quoted. This is not legal or tax advice.

What to bring to the DMV

For the MV-349.1 route, take all of this in one go. Print this page to use it as a checklist.

Form MV-82, Vehicle Registration/Title Application, signed by the new owner
Proof of name and date of birth (see form ID-82): originals in person, photocopies by mail
The original title or transferable registration in the dead owner's name, signed on the back
MV-349.1 or MV-349, notarized, or a copy of the letters or the voluntary administrator's affidavit
A copy of the death certificate
The original lien release, if a loan was paid off
Sales tax form DTF-802, or DTF-803 if an exemption applies
A New York insurance card in the new owner's exact name
A check to the "Commissioner of Motor Vehicles" with the amount left blank

Fees

Title fee	$50
Surviving spouse keeping the dead owner's plates	No charge
Transferring your own existing plates	$10, plus any weight difference
New plates	$25, plus a 2-year registration fee

Common problems

Lost title? Get a duplicate in the dead owner's name first, on form MV-902 (see its "Owner Deceased" section), before you transfer the car.
A car with an out-of-state title needs letters testamentary, letters of administration or the other state's equivalent. If you can't get them, transfer the car in that state first.
MV-349 and MV-349.1 cover cars only. Boats, snowmobiles, trailers, ATVs and manufactured homes go through the Surrogate's Court.
A surviving spouse keeping the car should bring the MV-349.1 anyway: the DMV's MV-843 checklist lists it for every spouse transfer.
Turning in the plates instead of transferring them? Ask the DMV for a "transfer receipt", not a "refund receipt", so the registration refund goes to the estate.

The rest of the estate

The MV-349.1 moves the car only. Bank accounts and other property need their own route. New York's small estate shortcut is a short court procedure for estates up to $50,000 (wait: none set; file it with the Surrogate's Court): see the New York small estate affidavit. Larger estates go through probate, and the executor gets letters testamentary (with a will) or letters of administration (without one).

New York also allows a transfer on death deed for a house, which works like a beneficiary on a car title.

New York has an estate tax, but only large estates owe it. See New York estate tax. Whoever settles the estate still files the person's final income tax return by April 15 of the year after the death: see final tax returns.

Do it yourself, correctly

The Executor's Final Tax Returns Kit

If you are also the executor, the federal returns come next: the final Form 1040 and, if the estate earns $600 or more, Form 1041.

An estate pays 37% on income above $16,000. Paid out to the heirs on time, the same income is taxed at their rates, often 12%. The kit shows how, and is $49.

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46-page workbook
Form 1041, line by line
Both returns worked

Which returns this estate owes, from five yes-or-no questions
The final 1040 and Form 1041 explained line by line, with one family's returns fully worked
How to split each 1099 at the date of death so the IRS match does not trigger a letter
A spreadsheet for deadlines, the Form 1041 estimate and each heir's K-1, plus five letters to copy

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Car titles after death in other states

California (REG 5) · Texas (VTR-262) · Pennsylvania (MV-39) · Michigan (TR-40) · Wisconsin (MV2300) · Oregon (735-516) · Colorado (DR 2712) · Florida (HSMV 82040) · Ohio (BMV 3773) · Arkansas (Form 10-306)

Or see the overview for every state.

Frequently asked questions

What is the difference between MV-349 and MV-349.1?

MV-349.1 is for a surviving spouse, or children under 21 through their guardian, under EPTL 5-3.1. MV-349 is for next of kin when there is no spouse, no minor children, no will to probate and no letters. Both cover one car worth $25,000 or less and both are notarized.

Does the MV-349 need a notary?

Yes. MV-349 and MV-349.1 are both sworn before a notary public or commissioner of deeds.

What if the car is worth more than $25,000?

Next of kin can't use the MV-349, so the car goes through the estate. A surviving spouse can still use the MV-349.1 by paying the estate the amount over $25,000.

How much does it cost to transfer a car title after death in New York?

The title fee is $50. A surviving spouse can keep the dead owner's plates at no charge; anyone else pays $10 to move their own plates or $25 for new plates, plus registration fees.

Can I use MV-349 for a car with an out-of-state title?

No. The DMV needs letters testamentary, letters of administration or the other state's equivalent. Otherwise transfer the car in the other state first.

Sources

This information is provided for educational purposes only and should not be considered legal or tax advice. Consult a qualified tax professional for guidance specific to your situation.