Fillable Printable Form MV-349 - Transfer of Vehicle Registered in Name of Deceased Person - New York

Form MV-349 - Transfer of Vehicle Registered in Name of Deceased Person - New York

Is the spouse of the deceased living?

o Yes o No

New York State Department of Motor Vehicles

TRANSFER OF VEHICLE REGISTERED IN NAME OF DECEASED PERSON

(To be completed by Next of Kin.)

Print Your Name

Mailing Address (Street & Number) Apt. No. City State and ZIP

Apt. No. City State and ZIP

Name of Deceased

Date of Death Your Relationship to the Deceased Person

Did the deceased leave a will?

o Yes o No

If so, has the will been probated?

o Yes o No

Will it be probated?

o Yes o No

Did the deceased own any other

motor vehicles?

o Yes o No

What is the value of vehicle being

transferred?

Is the surviving spouse disqualified (divorced, separated, abandoned, or failed to provide support for the deceased until

the time of death), under Section 5-1.2 of the Estates, Powers and Trusts Law? (See page 2.)

o Yes (provide documentation) o No

Plate Number Year and Make of Vehicle Vehicle ID Number (VIN)

Name of Person to Whom Car is Being Transferred

Mailing Address (Street and Number)

County

STATE OF NEW YORK - COUNTY OF _____________________________ss:

The undersigned, being duly sworn, deposes and says: I am the relative named above, and the deponent in this affidavit; the

statements made are true; the deceased was the legal owner of the motor vehicle described; this affidavit is made for the purpose

of transferring the vehicle; I am eligible under the Estates, Powers and Trusts Law of NYS to transfer this vehicle. I have either

obtained consent from any and all other eligible persons and they have waived all claims to it OR I agree to indemnify all eligible

persons whose consent to this transfer has not been obtained.

Sworn to before me this ______________________ Day of ____________________________, in the year of _______________.

My commission expires ___________________________

(Notary Public or Commissioner of Deeds)

(Sign your name in full - not initials)

MV-349 (6/11)

PAGE 1 OF 2

www.dmv.ny.gov

INSTRUCTIONS

This form, along with the title or transferable registration properly completed and a copy of the Death Certificate (Certificate of

Death or Certification of Death), may be used by a Next of Kin 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 themselves or another party. This form

should only be used if there is NO surviving spouse and NO surviving minor children: there is NO will to be offered for probate;

and Letters Testamentary or Letters of Administration HAVE NOT or WILL NOT be secured. If the vehicle is valued at more

than $25,000, or if there is more than one vehicle, the Next of Kin may NOT use this form to transfer the vehicle.

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

MV-349 (6/11)

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.