Car title · New York
Transfer a car title after death in New York
How to retitle a vehicle when the registered owner has died, with the right forms and the typical fee in New York.
In New York, a vehicle title transfer after death is handled by the New York DMV using MV-349.1 (Affidavit for Transfer of Motor Vehicle). Bring the original title, a certified death certificate, and either letters from probate or a small estate affidavit (estates under $50,000). The typical fee is about $16, and family transfers are usually exempt from sales tax.
Quick facts
| Agency | New York DMV |
|---|---|
| Typical form | MV-349.1 (Affidavit for Transfer of Motor Vehicle) |
| Typical fee | $16 |
| TOD registration | No — use joint title, small estate, or probate |
| Probate often required above | $50,000 |
| Average turnaround | 2 to 4 weeks |
Fees and forms change. Verify with the New York DMV before filing.
How to transfer without probate in New York
Most families in New York never file a probate case for the car. Three shortcuts skip the courthouse entirely:
- Joint title with survivorship. If the deceased co-owned the vehicle, the survivor shows a certified death certificate at the New York DMV and the title is retitled in a single visit.
- Transfer-on-death is not available. New York does not offer a TOD vehicle registration, so a beneficiary path only exists through the will and probate or a small estate affidavit.
- Small estate affidavit. If the entire estate (not just the car) is under $50,000, the heir signs an affidavit and files it with MV-349.1 (Affidavit for Transfer of Motor Vehicle) at the New York DMV.
When none of these fit — the car is titled solely in the decedent's name and the estate is above the threshold — you'll need letters testamentary from the probate court before the New York DMV will retitle the vehicle.
Step by step
Gather documents
Original title, certified death certificate, photo ID, and either letters testamentary from the probate court or a small estate affidavit if the estate qualifies in New York.
Decide the transfer path
New York allows three paths: surviving joint owner, small estate affidavit if the estate is under $50,000, or letters testamentary from probate. Pick the one that matches the title.
Complete the New York DMV paperwork
In New York the typical filing is MV-349.1 (Affidavit for Transfer of Motor Vehicle). Forms are free from the New York DMV website; most can be signed at home and notarized where required.
Pay the fee
Title transfer in New York costs roughly $16. Sales tax is typically waived for transfers to immediate family.
Submit and receive the new title
Submit in person or by mail. New titles usually arrive within a few weeks.
Document checklist for New York
Gather these before you visit the New York DMV. Missing one item is the most common reason a title transfer gets rejected at the counter.
- Original vehicle title. Signed on the back by the executor or heir. If lost, apply for a duplicate at the New York DMV first.
- Certified death certificate. One certified copy with the raised seal. Photocopies are not accepted.
- MV-349.1 (Affidavit for Transfer of Motor Vehicle). The core New York transfer form. Free from the New York DMV website; notarize where the form requires it.
- Photo ID of the new owner. Driver license or state ID. Must match the name that will appear on the new title.
- Proof of authority. Either letters testamentary from the probate court or a small estate affidavit (for estates under $50,000 in New York).
- Current registration and odometer reading. Bring the last registration card; some counties record the odometer at transfer.
- Payment for the $16 title fee. Family transfers are usually exempt from sales tax; bring proof of relationship if asked.
In short
In New York, bring the original title, a certified death certificate, MV-349.1 (Affidavit for Transfer of Motor Vehicle), photo ID, and either letters testamentary or a small estate affidavit. Budget about $16 for the New York DMV fee — family transfers are typically exempt from sales tax.
Common questions
Do I need probate to transfer a car in New York?
Not always. New York accepts a small estate affidavit for estates under $50,000, joint titles transfer automatically to the surviving owner, and New York does not currently offer a transfer-on-death vehicle registration.
Which form does the New York DMV use?
The typical filing in New York is MV-349.1 (Affidavit for Transfer of Motor Vehicle). Combine it with the original title, a certified death certificate, and photo ID.
What does it cost?
Title transfer at the New York DMV costs roughly $16. Family transfers are usually exempt from sales tax.
What if the title is lost?
Apply for a duplicate title at the New York DMV before transferring. Most agencies issue duplicates within a few weeks.
Can I sell the car before transferring?
Not directly. Title must be transferred to the estate or heir first; the new title-holder can then sell.