Normally when a person dies with assets in their name alone, those become part of their estate and a fiduciary must be appointed to effectuate the transfer of those assets to a beneficiary named in a Will or to the next of kin in cases where the decedent had no will. The matter will be handled after a Petition has been made to the Surrogates Court and the beneficiary has the option to take Title to the car or to sell it. The transfer can be completed after the fiduciary has presented their Letters Testamentary or Letters of Administration along with a death certificate, the original Title to the car and the DMV Form DTF-802 Statement of Transaction to the New York State Department of Motor Vehicles.
However, a car can be one of the simplest assets to transfer after the death of a loved one. If someone passes away with only one car valued at $25,000 or less, there is simple paperwork that can be completed and filed with the DMV to transfer the title of the car to decedent’s spouse. If they didn’t have a spouse, it can be titled to their minor child under the age of 21. To accomplish the transfer, the minor child or surviving spouse must produce a copy of the decedent’s death certificate, the original Title to the car, and a New York DMV Form MV 349.1 Affidavit for Transfer of Motor Vehicle. This can all be done without the involvement of the Surrogate’s Court or establishing an estate.
Further, if the decedent had no spouse or child under 21 at the time of their death, their next of kin can transfer title to themselves or someone else without going through the Surrogate’s Court if no will is being offered for probate and no Letters Testamentary or Letters of Administration have been issued to a fiduciary of the estate. The form they would use is the New York DMV Form MV 349. Additionally, the same two requirements as above still apply – the car must be valued at no more than $25,000 and the decedent must have only owned one car at the time of their death.
If the above scenarios do not apply, then a fiduciary needs to be appointed by the Surrogate’s Court in order to petition to become the executor, administrator, or voluntary administrator of the estate.
Making a determination about which procedure is appropriate for your circumstances can sometimes be tricky. An experienced estate attorney can assist you in swiftly taking the steps needed to get the car transferred. Please note, however, that the car should not be driven, and should remain in a driveway or garage until Title has been transferred and the appropriate insurance policy has been obtained.
This article is for educational purposes only - to provide you general information, not to provide specific legal advice. Use of this post does not create an attorney-client relationship and information contained herein should not be used as a substitute for competent legal advice from a licensed attorney in your state.
If you find yourself making a move out of state, you should contact a qualified estate planning attorney who will ensure that your documents will be valid when the time comes that you need them. If you moved to New York and would like a New York Estate Planning Attorney to review your documents, feel free to call the Law Offices of Roman Aminov, P.C. at 347-766-2685 for a free phone consultation.
This article is for educational purposes only - to provide you general information, not to provide specific legal advice. Use of this post does not create an attorney-client relationship and information contained herein should not be used as a substitute for competent legal advice from a licensed local estate attorney in NY or your state.
