How to Fill Out NY DMV Form MV-349: Eligibility, Notary, and Filing

New York DMV Form MV-349 is the affidavit a next of kin uses to transfer a deceased person’s vehicle without going through probate. It works only in a narrow set of circumstances: the deceased left no surviving spouse and no children under 21, no will is headed to probate, no executor or administrator has been or will be appointed, the vehicle is worth $25,000 or less, and the deceased owned only that one motor vehicle. If all of that is true, you fill in the form, sign it in front of a notary, and bring it to any DMV office with the death certificate, the original title, your ID, and a $50 title fee.

When the MV-349 Is the Right Form

New York splits vehicle-after-death transfers into two affidavits. The MV-349 covers the situation above — no surviving spouse, no minor children, no probate. If the deceased left a surviving spouse or children under 21, the vehicle passes to them as exempt property and the correct form is the MV-349.1 instead.¹

Neither form applies to a manufactured home, snowmobile, boat, trailer, or ATV, and neither works if the vehicle carries an out-of-state title. In those situations you cannot transfer ownership by affidavit at the DMV.¹

Eligibility Conditions

Every one of these must be true. If any single condition fails, the vehicle becomes part of the formal estate and the MV-349 cannot be used.

No surviving spouse and no children under 21. If either exists, the MV-349.1 is the correct form.²
No will is being or will be probated.
No letters testamentary or letters of administration have been or will be issued.
The fair market value of the vehicle at the time of death is $25,000 or less.³
The deceased owned only one motor vehicle. If there were two or more, the MV-349 cannot be used for any of them.²

Documents to Bring

Gather everything before your DMV visit. A missing item means a return trip.

The original or certified copy of the death certificate. The DMV will not accept a photocopy.²
The original title in the deceased owner’s name, or a transferable registration if no title was issued. If the title is lost, apply for a duplicate before the transfer.
Your valid New York driver license or non-driver ID.
Form DTF-803 if you plan to claim the sales tax exemption (covered below).
Payment for the $50 title fee, by check or money order to the Commissioner of Motor Vehicles.

Filling Out the Form

The MV-349 is a single page. Work through it top to bottom.

Your Information and the Deceased’s Information

Print your full legal name, county of residence, and mailing address at the top. Enter the deceased person’s name exactly as it appears on the death certificate, along with the date of death. State your relationship to the deceased plainly — daughter, brother, nephew. The DMV uses that entry to confirm you qualify as next of kin.²

The Eligibility Questions

The form asks a short series of yes/no questions that double as an eligibility check. Answering one of them the wrong way disqualifies the form:

Did the deceased leave a will? If yes, the follow-ups ask whether it has been or will be probated. A “yes” to probate stops you here.
Did the deceased own any other motor vehicles? A “yes” disqualifies the transfer.
What is the value of the vehicle? Enter the fair market value. Anything above $25,000 disqualifies the form.
Is the spouse of the deceased living? A “yes” sends you to the MV-349.1.
Is the surviving spouse disqualified? Under Estates, Powers and Trusts Law Section 5-1.2, a spouse can be disqualified in situations such as divorce, legal separation, or abandonment. If so, the MV-349 may still apply.

Vehicle Details

Enter the plate number, year, make, and full Vehicle Identification Number. Copy the VIN character by character from the existing title or registration; a transposed digit will bounce the paperwork. The form also asks for the name and mailing address of the person receiving the vehicle, which can be you or someone else.²

The Indemnification Statement

Near the bottom, the form includes a statement that you have obtained consent from all other eligible next of kin and they have waived their claims, or that you agree to indemnify any eligible person whose consent you did not obtain. Signing means you accept that obligation personally. If a relative later challenges the transfer, the financial exposure sits with you.²

Getting the Form Notarized

The MV-349 must be signed in front of a notary public or commissioner of deeds. This is not optional. The form has a dedicated block for the notary’s stamp, signature, and commission expiration date. Do not sign in advance; the notary has to witness your signature.²

Banks, UPS stores, and law offices commonly provide notary services. The form also carries a warning that intentionally making a false statement on the affidavit is a criminal offense.

Claiming the Sales Tax Exemption

A vehicle acquired through the settlement of an estate — rather than purchased from the estate — can qualify for a New York sales and use tax exemption. To claim it, complete Form DTF-803 and check the box for “Settlement of estate.” Bring the completed DTF-803 with your MV-349 packet to the DMV. Without it, you may be charged sales tax on the vehicle’s value at registration.⁴

Filing at the DMV

Bring the notarized MV-349, the death certificate, the original title or transferable registration, your ID, and the DTF-803 to any New York DMV office. The title certificate fee is $50, payable by check or money order to the Commissioner of Motor Vehicles.⁵ If you want to register the vehicle in your name at the same visit, bring proof of insurance and expect additional registration fees that vary by vehicle weight and type. Handling both at once saves a second trip.

After You Submit

State law requires the DMV to mail the new title certificate to the owner after verifying proof of ownership. The DMV describes this as taking “several weeks.” If nothing has arrived within 90 days, contact a DMV Call Center to check the status.⁶ Replacing a lost title later requires a separate application and another $50 fee.

If the Vehicle Is Worth More Than $25,000

The $25,000 ceiling does not lock a more valuable vehicle in probate forever, but the workaround runs through the estate, not the MV-349. Under Estates, Powers and Trusts Law Section 5-3.1, a surviving spouse or children under 21 can acquire a vehicle worth more than $25,000 by paying the estate the difference, or they can elect to receive $25,000 in cash instead of the vehicle.³ Either option requires working through the surrogate’s court or an estate attorney. The same is true if the deceased owned more than one motor vehicle.

Odometer Disclosure

Whether you need an odometer disclosure statement depends on the vehicle’s model year:

Model year 2011 or newer and 20 model years old or less: disclosure required.
Model year 2010 or older: no disclosure needed.
Model year 2011 or newer but more than 20 model years old: no disclosure needed.

If disclosure is required, record the current mileage accurately. Odometer fraud carries federal penalties, and the DMV cross-checks readings against service records.⁷

Insurance Before You Drive

The deceased person’s auto policy is not a safety net. A policy may continue briefly after death, but it needs to be updated to reflect the new owner and driver. Contact the insurance company as soon as possible, provide a copy of the death certificate, and either transfer the policy or open a new one in your name. Do not drive the vehicle — even to the DMV — without valid insurance in your own name. If an accident happens on the way, the financial exposure is entirely yours.

1
New York Department of Motor Vehicles. If a Family Member Has Passed Away
2
New York Department of Motor Vehicles. Transfer of Vehicle Registered in Name of Deceased Person
3
New York State Senate. New York Estates, Powers and Trusts Law 5-3.1 – Exemption for Benefit of Family
4
New York Department of Motor Vehicles. Claim for Sales and Use Tax Exemption – Form DTF-803
5
New York Department of Motor Vehicles. Estimate Registration Fees and Taxes
6
New York Department of Motor Vehicles. Information and Instructions about Your Certificate of Title
7
New York State Department of Motor Vehicles. Let the Buyer Be Aware