In New York, the ownership of one motor vehicle having a value of $25,000 or less automatically transfers to the surviving spouse (or to the surviving children under the age of 21 if there is no surviving spouse or the spouse is disqualified).
For surviving spouses to transfer ownership, they must print the deceased spouse’s name in the “Seller’s Name (Print in Full)” section on the back of the title and sign their name in the “Seller’s Signature” section followed by the words “as Surviving Spouse”.
To transfer ownership of the vehicle to another person, the spouse or guardian or guardian of the surviving children must complete a notarized Affidavit for Transfer of Motor Vehicle (MV 349.1).
When the new owner applies for a vehicle registration or a title certificate, they must provide form MV-349.1 and a copy of the death certificate or certification of death.
