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The NY DMV MV-349.1 form, titled Affidavit for Transfer of Motor Vehicle, is a legal document used to transfer ownership of a deceased person's vehicle valued at $25,000 or less to a surviving spouse or children under 21. Under New York's Estates, Powers and Trusts Law, ownership of one such vehicle vests automatically in the surviving spouse or, if none, in minor children, allowing for a transfer outside of the formal probate process.
To complete the transfer, the qualifying survivor or guardian must have the form notarized and provide a copy of the death certificate along with the original vehicle title. If the vehicle is being transferred to a third party rather than kept by the survivor, this affidavit is also required to facilitate that sale. The form cannot be used for out-of-state titles or for specific property types like manufactured homes, boats, or snowmobiles, which require court-issued Letters Testamentary or Letters of Administration.
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The form summaries, instructions, and "Pro Tips" provided on this website are for informational purposes only. While we strive to keep this information accurate, up-to-date, and easy to understand, official motor vehicle policies, form requirements, and state regulations change frequently. This content does not constitute formal legal or regulatory advice. For absolute accuracy, official guidelines, or further clarification regarding any New York State form or requirement, please consult the official New York State Department of Motor Vehicles (NYS DMV) directly.
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