New York Affidavit by Heirs regarding Agreement as to who shall Inherit Motor Vehicle - To Obtain Transfer of Title
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FAQ
A surviving spouse who isn't in a community property state and whose name isn't on the car loan isn't responsible for the loan. So, it may be your choice whether to assume payments if the car goes to you after probate. This is also true for any other beneficiary whose name is not on the loan.
If the owner and the settlor are the same person, complete Part II of form DTF-802 for a gift. Complete the donor section and the recipient section. The person who is the owner of the vehicle must complete the seller sections on the back of the certificate. The owner must sign the title certificate as the seller.
The executor of your dad's estate should see to it that ownership is transferred to you under the terms of his will. Once it is, then you can register it. If there was no will and no court awarded you ownership of the car your best bet would be to consult an attorney.
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. Transfer of Vehicle Registered in Name of Deceased Person.
Once you have the legal authority to transfer the car's ownership, you'll need to complete the process through the state department of motor vehicles (DMV), including providing documentation such as a death certificate, your photo identification, and a letter from the court.
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.
In most cases, the spouse's will determines what happens to their property. So, you must look over the will with an attorney to see if you're entitled to their property. However, if your husband didn't have a will, you may automatically inherit the property, depending on your state's laws.
If a person dies intestate, and the person owned a vehicle, the person's spouse automatically becomes the owner of the vehicle. If the decedent owned more than one vehicle, the surviving spouse may choose one of the vehicles.