Transferring a Vehicle after Death

Transferring a vehicle after the death of a loved one can be done in a few different ways depending on the circumstances.

When there is only one vehicle worth $25,000 or less to transfer and there are no other assets in the deceased person’s name alone (meaning, all assets were held jointly or listed beneficiaries) AND there is a surviving spouse or child under the age of 21, the easiest way to transfer a vehicle is by using New York State DMV Form MV-349.1. This can be used by the surviving spouse or child under the age of 21 to transfer the vehicle to himself or herself, or it can be used to transfer the vehicle to another party for the benefit of the surviving spouse or child. When there is no surviving spouse or child under 21, DMV Form MV-349 can be used by the “Next of Kin” to transfer a vehicle having a value of $25,000 or less to themselves or to another party. Again, this form is also to be used when there is no need to collect other assets owned by the deceased.

If there are other assets in the deceased person’s name alone that need to be collected, Court involvement will likely be necessary.

If that is the case, the vehicle can be transferred as part of the probate process (when there is a Will) or during an administration proceeding (when there is no Will).

We help estate settlement clients transfer assets safely out of the decedent’s name according to the Will or New York state law.

You are not expected to be an expert at navigating these procedures (or even these DMV forms) when your loved one passes away. If you recently lost someone and need assistance determining which method applies, please contact us and speak with one of experienced attorneys.