Fillable Printable Form MV-349.1 - Affidavit for Transfer of Motor Vehicle - New York

Form MV-349.1 - Affidavit for Transfer of Motor Vehicle - New York

AFFIDAVIT FOR TRANSFER OF MOTOR VEHICLE

(Authorized by Section 5-3.1 of the Estates, Powers and Trusts Law)

INSTRUCTIONS: This form, along with the title or transferable registration properly completed, may be used to transfer a motor vehicle having a

value of twenty-five thousand dollars ($25,000) or less, owned by a person at the time of his/her death, to a surviving spouse or child or

children under the age of twenty-one years. It may also be used to transfer such a motor vehicle to another party for the benefit of a surviving

spouse or child or children under the age of twenty-one years. A COPY OF THE DEATH CERTIFICATE (CERTIFICATE OF DEATH OR

CERTIFICATION OF DEATH) MUST BE PROVIDED.

State of New York )

County of )

____________________________________________________________________________________, being duly sworn, deposes and says:

1. (a) I am the surviving spouse of ____________________________________________________________________________________

(OR)

(b) I am the duly appointed guardian of ______________________________________________________________________________,

the surviving minor child or children of______________________________________________________________________________.

2. The said ___________________________________ died on the _________ day of ____________________, in the year of ____________.

3. At the time of his/her death, the said ___________________________________________________________________was the owner of a

______________ _____________ _______________ _____________________________ _____________________

Vehicle identification or serial number ___________________________________________________________.

4. The name of the person to whom the vehicle is being transferred is ________________________________________________________

Address: ______________________________________________________________________________________________________.

5. Check one of the following:

o The above mentioned motor vehicle has a value of not more than twenty-five thousand dollars ($25,000).

o The above mentioned motor vehicle has a value which exceeds $25,000, but pursuant to Estates, Powers and Trusts Law §5-3.1(a)(4),

I have paid to the estate the sum of $____________, the amount by which the value of such motor vehicle exceeds $25,000.

6. The above mentioned motor vehicle is the only motor vehicle belonging to the decedent that is being transferred under Section 5-3.1 of the

Estates, Powers and Trusts Law.

7. The deponent is a person qualified to take said motor vehicle under Section 5-3.1 of the Estates, Powers and Trusts Law, and hereby

makes claim to said motor vehicle.

8. The deponent is not a disqualified spouse under Section 5-1.2 of the Estates, Powers and Trusts Law, and hereby makes claim to said

motor vehicle. (See page 2.)

9. This affidavit is made for the purpose of securing a transfer of the above mentioned motor vehicle under the provisions of Section 5-3.1 of

the Estates, Powers and Trusts Law.

ç_________________________________________________________________

Sworn to before me this _______day of _________________________________________, in the year of _______________.

__________________________________________________________ My Commission expires__________________________________

MV-349.1 (7/15)

ss.:

www.dmv.ny.gov

PAGE 1 OF 2

Signature (Sign name in full)

Notary Public or Commissioner of Deeds

(Date)

(Make)(Year) (Model) (Type)

PAGE 2 OF 2

§ 5-1.2 Disqualification as surviving spouse

(a) A husband or wife is a surviving spouse within the meaning, and

for the purposes of 4-1.1, 5-1.1, 5-1.1-A, 5-1.3, 5-3.1 and 5-4.4,

unless it is established satisfactorily to the court having jurisdiction

of the action or proceeding that:

(1) A final decree or judgment of divorce, of annulment or declaring

the nullity of a marriage or dissolving such marriage on the ground of

absence, recognized as valid under the law of this state, was in effect

when the deceased spouse died.

(2) The marriage was void as incestuous under section five of the

domestic relations law, bigamous under section six thereof, or a

prohibited remarriage under section eight thereof.

(3) The spouse had procured outside of this state a final decree or

judgment of divorce from the deceased spouse, of annulment or declaring

the nullity of the marriage with the deceased spouse or dissolving such

marriage on the ground of absence, not recognized as valid under the law

of this state.

(4) A final decree or judgment of separation, recognized as valid

under the law of this state, was rendered against the spouse, and such

decree or judgment was in effect when the deceased spouse died.

(5) The spouse abandoned the deceased spouse, and such abandonment

continued until the time of death.

(6) A spouse who, having the duty to support the other spouse, failed

or refused to provide for such spouse though he or she had the means or

ability to do so, unless such marital duty was resumed and continued

until the death of the spouse having the need of support.

MV-349.1 (7/15)