New York Transfer of Ownership When the Vehicle Owner is Deceased is a process for legally transferring ownership of a vehicle when the original owner has died. There are two types of New York Transfer of Ownership when the vehicle owner is deceased: Transfer by Affidavit of Warship and Transfer by Small Estate Affidavit. Transfer by Affidavit of Warship requires the submission of a completed Affidavit of Warship Form MV-241, which must be signed by all legal heirs and witnesses and notarized. This form must be accompanied by the vehicle's original title and registration, a copy of the death certificate, and proof of insurance. Transfer by Small Estate Affidavit requires the submission of a completed Small Estate Affidavit Form MV-232, which must be signed by all legal heirs and witnesses and notarized. This form must be accompanied by the vehicle's original title and registration, a copy of the death certificate, and proof of insurance. In both cases, the transfer must be completed within 45 days from the date of the deceased owner’s death. If the transfer is not completed within 45 days, a late fee will be assessed.
New York Transfer of Ownership When the Vehicle Owner is Deceased
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FAQ
The City Sales Tax rate is 4.5% on the service, there is no New York State Sales Tax. If products are purchased, an 8.875% combined City and State tax will be charged. The City charges a 10.375% tax and an additional 8% surtax on parking, garaging, or storing motor vehicles in Manhattan.
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.
To transfer ownership of the vehicle to another person, the spouse or guardian must complete an Affidavit for Transfer of Motor Vehicle (PDF) (MV 349.1). The form must be notarized. The spouse or guardian also gives the new owner a photocopy of the death certificate or certification of death.
MV-349. Purpose: Use to transfer the vehicle of a deceased person when there is no will, estate, surviving spouse or surviving minor child, and the vehicle is worth $25,000 or less. For information see Deceased Vehicle Owner.
In the state of New York, there is a $50 vehicle title transfer fee. Keep in mind, this fee does not include any sales taxes or county-specific surcharges and fees.
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. If you paid out-of-state sales tax, show the out-of-state dealer bill of sale.
Although the maximum annual exclusion per donee is $10,000, the exclusion may not exceed the actual value of the New York gifts to the donee.
The owner and the settlor must complete Statement of Transaction- Sale or Gift of Motor Vehicle, Trailer, All-Terrain Vehicle (ATV), Vessel (Boat), or Snowmobile (PDF) (at NY State Department of Tax and Finance) (DTF-802). If the owner and the settlor are the same person, complete Part II of form DTF-802 for a gift.