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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.
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.
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.
When the new owner applies for a vehicle registration or a title certificate, they must provide form MV-349.1 and a copy of the death certificate or certification of death. This entry was posted in Friedman and Ranzenhofer, PC Law Blog, New York Estate Planning & Wills. Bookmark the permalink.
Driving a deceased person's vehicle is allowed as long as you have the estate's executor's permission and the vehicle is in good standing. If your loved one is the only name on the car title, a surviving spouse can transfer ownership of the vehicle.
An affidavit of heir is a written statement that allows an estate to move forward with an uncontested probate. The person who signs the affidavit is agreeing that they are the rightful owner of the assets and that they will transfer them to the appropriate parties as soon as the probate process is complete.
The affidavit identifies each possible ?distributee? of the estate, and describes their relationship to the decedent. The affidavit must be signed by a disinterested person, meaning someone who has no financial interest in the estate's assets.
When the new owner applies for a vehicle registration or a title certificate, they must provide form MV-349.1 and a copy of the death certificate or certification of death. This entry was posted in Friedman and Ranzenhofer, PC Law Blog, New York Estate Planning & Wills.