How to Transfer a Car Title After Death in New York

New York does not offer a transfer-on-death (beneficiary) option for car titles. Bills to create one (Senate S1612 and its Assembly versions) were sent back to the Transportation committees in January 2026 and have not become law. DMV's deceased-owner instructions list only the spouse affidavit, the next-of-kin affidavit and court papers as ways to transfer the car. See the spouse, no-probate and executor situations on this page.

When it applies: the title lists more than one owner. Only the first two owners print on a New York title; a third owner or more is kept in DMV records (Form MV-83T).

DMV's general rule is that only one owner has to sign the title to transfer ownership. DMV does not publish a procedure for what happens when one co-owner dies. Contact DMV to confirm what it needs before relying on the surviving owner's signature alone. If the deceased owner's share has to go through the estate, the spouse, no-probate or executor routes on this page apply.

Steps

1. Find the original New York title. If it is lost, a duplicate title (Form MV-902) is needed first.
2. Contact DMV to confirm what it needs when one co-owner has died. Have a copy of the death certificate ready.
3. If the surviving co-owner is the spouse, the spouse route (Form MV-349.1) may also apply to a car worth $25,000 or less.
4. The new owner completes Form MV-82 and submits it with the title, proof of identity, insurance card, sales tax form and fees.

Forms

• Vehicle Registration/Title Application, Form MV-82
• Statement of Partnership or Joint Ownership, Form MV-83T (only with more than two owners)

Documents

• Original New York title
• Copy of the deceased co-owner's death certificate
• Proof of identity and a New York insurance card for the new owner
• Original lien release, if a paid-off loan still shows on the title

When it applies: under EPTL § 5-3.1, one car worth $25,000 or less belongs to the surviving spouse and is not part of the estate, unless the spouse is disqualified (for example, by divorce or abandonment). If there is no qualifying spouse, the car goes to the deceased's children under 21, through a guardian. "Value" means fair market value minus any loan still owed on the car, so a financed car can qualify even if its sticker value is higher.

Where official sources disagree: the statute and Form MV-349.1 let a spouse claim one car even when the deceased owned several, and take a car worth more than $25,000 by paying the estate the amount over $25,000 (or take up to $25,000 in cash instead of the car). DMV's deceased-owner page says that if there is more than one vehicle, or one worth more than $25,000, the vehicles become part of the estate and MV-349.1 cannot be used. If either applies to you, contact DMV before filing to confirm which rule it will apply.

Steps

1. Confirm this is the only car being claimed under EPTL § 5-3.1.
2. Complete Form MV-349.1 and sign it in front of a notary public or commissioner of deeds.
3. On the back of the title, print the deceased owner's name as seller. Sign your own name in the seller's signature space followed by "as surviving Spouse" (a guardian writes "guardian of" plus the child's name and relationship). Complete the odometer and salvage disclosures.
4. To keep the car, complete Form MV-82 in your name. To transfer it to someone else, give that person the signed title, MV-349.1 and a photocopy of the death certificate.
5. Ask DMV which sales tax form applies to your transfer.
6. Bring or mail everything with fees to a Motor Vehicles office. You can keep the deceased's plates at no charge.

Forms

• Affidavit for Transfer of Motor Vehicle, Form MV-349.1
• Vehicle Registration/Title Application, Form MV-82
• Checklist: Transfer of Ownership When the Vehicle Owner is Deceased, Form MV-843

Documents

• Form MV-349.1, notarized
• Original title, with the transfer section on the back completed
• Copy of the death certificate (a photocopy is accepted)
• Proof of identity (originals in person, photocopies by mail) and a New York insurance card in the new owner's name
• Sales tax form
• Original lien release, if a paid-off loan still shows on the title

New York has two ways to transfer a car without full probate. If there is a spouse or a child under 21, see "You're the Surviving Spouse" instead.

1. Next-of-kin affidavit (Form MV-349). No court is involved. It works only if all of these are true:

• No surviving spouse and no surviving minor children (contact DMV to confirm whether "minor" means under 18 or under 21)
• No will will be offered for probate, and no executor or administrator has been or will be appointed
• The deceased owned only one vehicle, worth $25,000 or less

The signer swears they have the consent of all other eligible relatives, or agrees to indemnify them. The next of kin can transfer the car to themselves or to someone else.

2. Voluntary Administration (small estate). If the deceased's personal property is worth $50,000 or less (SCPA § 1301, not counting the property set aside for a spouse or minor children), a family member or the named executor can file a small estate affidavit in the Surrogate's Court of the county where the deceased lived. The filing fee is $1. The court issues a certificate for each asset listed in the papers, so list the car. If the deceased owned real property in their name alone, it is not a small estate. With a will, the named executor has 30 days after the will is filed to act before others may (SCPA § 1303).

Steps

1. Decide which route fits: MV-349 (one car, $25,000 or less, no spouse, no minor children, no probate) or Voluntary Administration.
2. MV-349 route: complete Form MV-349, get the other relatives' consent, and sign in front of a notary public or commissioner of deeds. Sign the back of the title and complete the odometer and salvage disclosures.
3. Voluntary Administration route: once appointed, the voluntary administrator signs the title and attaches a copy of the voluntary administrator's affidavit.
4. The new owner completes Form MV-82 and a sales tax form.
5. Bring or mail the package with fees to a Motor Vehicles office.

Forms

• Transfer of Vehicle Registered in Name of Deceased Person, Form MV-349
• Vehicle Registration/Title Application, Form MV-82
• Claim for Sales and Use Tax Exemption, Form DTF-803

Documents

• MV-349 route: Form MV-349, notarized, and a copy of the death certificate (a photocopy is accepted)
• Voluntary Administration route: copy of the voluntary administrator's affidavit (a photocopy is accepted)
• Original title, with the transfer section completed
• Proof of identity and a New York insurance card for the new owner
• Original lien release, if a paid-off loan still shows on the title

When it applies: DMV says that if the deceased owned more than one vehicle, or one worth more than $25,000, the vehicles become part of the estate and Forms MV-349 and MV-349.1 cannot be used. (If there is a surviving spouse or a child under 21, the statute still sets one car aside for them; see "You're the Surviving Spouse" and confirm with DMV.)

Steps

1. Get Letters Testamentary (executor) or Letters of Administration (administrator) from the Surrogate's Court.
2. Find the original title. If you cannot find it, stop: a duplicate title in the deceased's name is needed first (Form MV-902, $20). Mark "OWNER IS DECEASED" and sign with your court title.
3. Sign the back of the title as seller and write "Executor of the Estate of" (or "Administrator of the Estate of") and the deceased's name under the signature. Complete the odometer and salvage disclosures.
4. Give the new owner the signed title, a copy of the Letters, and a bill of sale (Form MV-912) if it is a sale.
5. The new owner completes Form MV-82 and a sales tax form and brings or mails everything to a Motor Vehicles office.

An out-of-state title in a deceased owner's name is accepted only if an executor or administrator has transferred it.

Forms

• Vehicle Registration/Title Application, Form MV-82
• Application for Duplicate Title, Form MV-902 (only if the title is lost)
• Vehicle Bill of Sale, Form MV-912 (if the estate sells the car)

Documents

• Copy of Letters Testamentary or Letters of Administration (a photocopy is accepted)
• Original title, signed by the executor or administrator
• Proof of identity and a New York insurance card for the new owner
• Sales tax form: DTF-803 (box 7, "Settlement of estate") if an heir receives the car from the estate; DTF-802 if a buyer purchases it
• Original lien release, if a paid-off loan still shows on the title

DMV does not publish a separate death procedure for a car with a loan. What its rules say:

• A lien does not prevent registration, but if DMV does not get a lien release, the lien will appear on the new title.
• If the loan is paid off, include the original lien release from the lender, signed and dated. Photocopies are not accepted with a duplicate title application (Form MV-902).
• For the spouse or minor-child route, the amount still owed on the loan is subtracted from the car's fair market value when testing the $25,000 limit (EPTL § 5-3.1).

Many families start by calling the lender to ask about the payoff amount and how the lien will be released. Then follow whichever situation above fits.

• Title fee: $50 (Form MV-843).
• Plates, surviving spouse: no charge to transfer the deceased's plates; the new registration is valid until the current one expires.
• New plates: $25 plus a 2-year registration fee.
• Duplicate title (if the original is lost): $20 (Form MV-902).
• Voluntary Administration filing in Surrogate's Court: $1.
• County use tax may also apply when you register.

Sales tax: the Tax Department's Form DTF-803 lists exemption 7, "Settlement of estate," for a car acquired in settling the previous owner's estate and not purchased from it. DMV says you must get a sales tax receipt even when the transfer is exempt. Whether box 7 is the right box for a spouse whose car passes outside the estate under EPTL § 5-3.1 is not spelled out, so ask DMV. If someone buys the car from the estate, normal sales tax applies and the buyer and seller complete Form DTF-802.

DMV's checklist (Form MV-843) says to bring or mail the paperwork to a Motor Vehicles office.

• In person: show original identity documents. DMV strongly encourages a reservation; when an office has long waits, only people with reservations are let in.
• By mail: send only photocopies of identity documents. The FS-6T sales tax receipt comes from a Motor Vehicles office and is required when mailing to the Title Bureau, so a mail filing may still need one office visit.
• Online: no official source describes an online title transfer for a deceased owner's car.

New York titles are not issued over the counter; DMV mails the new title after reviewing the paperwork. A duplicate title is also always mailed.

NYS DMV: If a family member has passed away.

Who signs the title as seller depends on the route:

• Executor or administrator: signs and writes "Executor (or Administrator) of the Estate of" and the deceased's name under the signature, and gives the buyer a copy of the Letters.
• Voluntary administrator: signs the title and gives the buyer a copy of the voluntary administrator's affidavit.
• Surviving spouse (one car, $25,000 or less): prints the deceased's name as seller, signs followed by "as surviving Spouse," and gives the buyer a notarized Form MV-349.1 and a photocopy of the death certificate.
• Next of kin using Form MV-349: can transfer the car to another party and gives the buyer the MV-349 and a copy of the death certificate.

The seller completes the odometer and salvage disclosures on the title and signs a Vehicle Bill of Sale (MV-912) (DMV buy, sell or transfer page). The buyer and seller both complete Form DTF-802, and the buyer pays sales tax at DMV.

If probate is needed, our state probate guide walks through it.