Question: My husband passed away a couple of months ago. All of our assets were held jointly except for one of our cars, which was held in his sole name. The car is worth about $20,000.00. What do I need to do to transfer the car into my name? Do I need to go to Court? Show
Answer: A little known but important property right for surviving family members is known as “exempt property.” Exempt property is property that passes automatically to a surviving spouse or children under the age of 21, regardless of whether the deceased person had a will or not. For a car to be considered exempt property, it must be valued at less than $25,000.00. In your case, since the car is the only asset titled in your husband’s sole name and it is valued at only $20,000.00, there will be no need for an estate proceeding in the Surrogate’s Court to transfer title to the car. The procedure to transfer the title and registration to you is actually quite simple and the New York State Department of Motor Vehicles (DMV) requires only one form in addition to the standard forms to change the title and registration. The required form is the MV 349.1 and it must be submitted to the DMV with an original death certificate. Can I Transfer Vehicle Ownership Through the DMV?If there is no surviving spouse or children under age 21, the car is valued at less than $25,000.00 and there is no executor or administrator appointed by the Surrogate’s Court then the DMV allows the nearest surviving relative to transfer the title and registration of the car. The form to accomplish the transfer is the MV 349 and it must be submitted to the DMV with an original death certificate. All of the necessary DMV forms to accomplish the transfer of the car by either the surviving spouse, children or nearest relative are available on the DMV website. Will I Need to Go to Court to Transfer Ownership of the Car?If the car is valued over $25,000.00, an executor or administrator must be appointed by the Surrogate’s Court to transfer the car. However, once an executor or administrator is appointed, the surviving spouse or children under age 21 may get the car from the executor or administrator of the estate by paying to the estate the amount by which the value of the motor vehicle exceeds $25,000.00. An Elder Law Attorney Can HelpAlthough it may appear easy at first glance, sometimes these matters are not as simple as they may seem and it is generally a good idea to consult with an elder law attorney experienced in estate administration matters before proceeding. Transferring a Vehicle Title in New York StateHow to transfer a car title with the New York Department of Motor Vehicles (NYS DMV):
For more details, please see below. Once you establish residency in New York, you will need to change over your vehicle title and get the vehicle registered within 30 days. You can title and register your vehicle at the same time, but you will need New York car insurance prior to doing so. The titling process differs based on whether or not you have your out-of-state title. Out-of-State Application with TitleTo title and register your car, go to your local NYS DMV office and:
The NY DMV also provides an online walk-through of all required documents based on your specific situation. Out-of-State Application Without TitleIf a lienholder has your vehicle title because you still owe on your vehicle loan, the New York State Department of Motor Vehicles will require notification in order to get the vehicle registered and/or titled. You will need to visit the NYS DMV and submit:
Buying or Selling a Vehicle in NYWhenever ownership of a vehicle changes, the title must be transferred to the new owner. The process is different depending on whether the seller of the vehicle is a car dealership or a private individual. Buying & Titling a VehicleBuying a Vehicle from a Car Dealership Most dealerships can file all titling paperwork for you, and issue temporary registration and license plates. Be aware that car dealerships can charge a fee to file the paperwork for you, so you will want to check how much the fees will cost you. If you decide to file the paperwork for yourself, go to a NYS Department of Motor Vehicles office and submit:
Buying a Vehicle from a Private Party When purchasing from a private party, you will also be required to have your vehicle inspected. When you submit all of your paperwork, you will be given an extension sticker that allows you to get the vehicle inspected within 10 days of titling. If you register your vehicle at the same time, the registration will not be valid if you go past the extension. Go to a NYS DMV office and submit:
Selling a Vehicle in NYWhen you sell your vehicle to someone else, you must complete the following:
Removing a Lien on a NY TitleOnce you pay off a loan on your vehicle, you will need to remove the lien and lienholder's name from the title. Contact your lienholder and have them send you a notice for the NYS DMV stating that you have satisfied your loan and no longer owe anything. The lienholder can do this in one of two ways:
After you get one of these documents, you will need to send the following to the lien release office:
Send everything to: Lien Release You will receive the new title in about 90 days after sending all the paperwork. Donated and Gifted NY VehiclesVehicles may be transferred without an exchange of money if they are gifted or donated, or in the unfortunate event of the owner's death. Donating or Gifting a VehicleIf you choose to give your vehicle to a friend, family member, or charity as a gift or donation, give the new owner the following documents:
Receiving a Vehicle as a GiftWhen a vehicle is gifted or transferred to you, bring in the paperwork mentioned above that was given to you by the previous owner. Follow the steps listed above in “ Buying a Vehicle" to complete the transfer. NOTE: You may need to fill out the Claim for Sales and Use Tax Exemption - Title/Registration (Form DTF-803) if you are claiming an exemption other than a gifted vehicle (i.e. you are a nonresident, the vehicle wasn't purchased in New York, etc.). Applicable reasons are listed on the form. Inheriting a Vehicle in New YorkThe process for transferring ownership of a vehicle from a deceased owner to their survivors or designated heirs varies depending on the value of the car and the survivor's relationship with the deceased. Consult the NYS DMV to find out how quickly you need to re-register the car in the new owner's name. Transfer of Vehicle to FamilyA single vehicle valued at $25,000 or less will be transferred to the owner's spouse. If there is no surviving spouse, the vehicle will be given to any children of the deceased under 21 years old.
You may be required to present a copy of the death certificate and/or complete other titling and registration forms as determined by the NYS DMV. Additional fees may also apply. The spouse is allowed to keep and use the license plates that are on the vehicle. Transfer from Family to Another Person The spouse, guardian, or child who signed the title in the steps listed above may transfer the vehicle to another individual with an Affidavit for Transfer of Motor Vehicle (Form MV-349.1).
The new owner should take these documents to their local NYS Department of Motor Vehicles branch, along with all the other documents needed for a normal transfer of title listed above in the “Buying a Vehicle from a Private Party" section. Transfer of Vehicle to the EstateIf there are multiple vehicles, or a vehicle valued at more than $25,000, the vehicle(s) will be transferred to the estate, to be handled by the executor or administrator of the estate. If no family member remains, the executor/administrator of the estate will need to sign the title as the executor (or administrator) of the estate. Transfer from the Estate to Family Vehicles valued at more than $25,000 must go through the estate before going to a spouse or child. The executor/administrator of the estate and the family member will need to contact the Surrogate Court in the county where the family member lives. The transaction will be completed with Letters Testamentary, Letters of Administration, or a Voluntary Administrator's Affidavit. Transfer from the Estate to Another Person The executor/administrator must give the new owner of the vehicle:
The new owner will need to take these documents, along with all the other documents listed above in “Buying a Vehicle from a Private Party," to their local NYS DMV office. Transfer on Death Without Title If the deceased does not have a vehicle title, the executor/administrator of the estate will need to contact the DMV call center Title Services Bureau at (518) 486-4714. The call center is open all weekdays from 8 a.m. to 4:30 p.m. It is closed on Wednesdays and state holidays. Purchase a Vehicle from an Estate If you purchase a vehicle from an estate, you will need:
You will need to take these documents, along with all the other documents needed for a normal transfer of title, to your local DMV office. These documents are listed above in the “Buying a Vehicle from a Private Party" section. Transfer to Next of KinThe next of kin will sign the title and handle the transfer if there is no spouse, children under 21 years old, estate, or will. The next of kin will need:
You may be required to fill out other titling and registration documents and pay any fees as determined by the NYS DMV. See “Buying a Vehicle from a Private Party" above. Military Members & NY Vehicle TitlesThere are different rules for members of the military who want to title their vehicles depending on whether the soldier is from New York or not, stationed in New York, or stationed somewhere else. NY Military Residents Stationed In StateMembers of the military serving in your home state of New York may follow the steps outlined above for your specific scenario, just as civilian citizens would. NY Military Residents Stationed Out of StateIf you are a NYS resident and you've purchased a vehicle while stationed out of state, simply follow the steps above in “ New to New York?" to transfer your out-of-state title to a New York Title. If you've purchased a vehicle overseas, it must first clear Customs and Border Protection and have an emissions test to certify that it meets NYS emissions standards. You'll need to present one of the following CBP forms with your title application:
For more information about documents to bring for foreign vehicles, please visit the NYS DMV's imported vehicles guide. Non-Resident Military Stationed in New YorkIf you are an out-of-state resident serving in New York State, you do not have to title your vehicle with the NYS DMV. You must maintain proper registration and insurance in your home state to legally drive the vehicle in New York. If you decide to title and register your vehicle in New York, you can do so by following the process shown above in the “ New to New York?" section. Vehicle Titling Fees in New YorkA NY vehicle title costs $50. However, there will be other fees to pay when you title the vehicle, including sales taxes, license plate fees, registration fees, and vehicle use taxes in some counties. Your local NYS DMV office will calculate all the fees for you and give you the total you will need to pay. Go to the NYS DMV fees page to estimate a general figure for what it might cost to title and register your vehicle. Change Your NY Title InformationChanging Your Name on Your TitleChanging the name on any NYS DMV documents must be done in person at a NYS DMV office. If you are changing the name on the title certificate, you will also need to change the name on your registration if the car is registered. Changing your name on your title will require:
Changing Your Address on Your TitleNew York requires that you notify the DMV when you change your address so they have the current information. You do not need to change the address on the actual title of your vehicle(s). The vehicle title will still be valid with your old address on it. If you wish to get another copy of your title with your new address listed, follow the in-person process listed below in “Obtain a Duplicate NYS Title." Obtain a Duplicate NYS TitleThere are a few ways to apply for a duplicate title. Your name must be on the title unless the owner has died or you have power of attorney. OnlineYou will not be able to order a duplicate title online if you are removing a lien, your address has changed, you have a power of attorney, or the owner is deceased. Go to the online Replace a Title Certificate service and follow the instructions to apply for a duplicate title. In PersonIf you need to change your name or address, it is best to visit the NYS DMV office in person. Go to the NYS DMV office and submit:
By MailIf you cannot order the duplicate title online, and you do not have to change any information, you can apply for a duplicate title by mail. You must send the following:
Send everything to the address on the form, or by express mail to: Duplicate Title Certificates Your duplicate title will be mailed to you. Can you transfer a car title online in NY?You must register the vehicle at a DMV office or by mail. You cannot do this over the phone, or online.
Do I have to pay sales tax on a gifted car in NY?If the vehicle was a gift or was purchased from a family member, use the Statement of Transaction {Sales Tax Form} (pdf) (at NY State Department of Tax and Finance) (DTF-802) to receive a sales tax exemption.
Can you register a car in a different name than on the title ny?Yes, they can. If the registration and title show two different names, the owner (the name on the title certificate) must authorize the other person to register the vehicle by completing box 3 on the Vehicle Registration/Title Application (PDF) (MV-82) form.
Can you change ownership of a vehicle online?To transfer car ownership online, you need the 11-digit reference number that's on the V5C. As with the postal transfer, you also need the new owner's full name and UK address. All you need to do is input these details via a form on the DVLA portal.
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