MV-349.1 Form – If a loved one has passed away in New York and left behind a vehicle, transferring ownership can feel overwhelming. The MV-349.1 Form (Affidavit for Transfer of Motor Vehicle) simplifies the process for eligible surviving spouses or guardians of minor children when the vehicle is valued at $25,000 or less.
This official New York DMV form allows a quick, low-cost transfer without full probate in many cases. Below is the complete, up-to-date 2026 guide—including exactly when to use it, step-by-step instructions, required documents, and the direct MV-349.1 PDF download.
What Is the MV-349.1 Form?
The MV-349.1 is the Affidavit for Transfer of Motor Vehicle, authorized under Section 5-3.1 of New York’s Estates, Powers and Trusts Law (EPTL). It serves as a sworn legal statement that lets a surviving spouse, guardian of children under 21, or another party (for their benefit) claim ownership of one motor vehicle owned by the decedent at the time of death.
Current revision: MV-349.1 (4/25) – the latest official version available on the NY DMV website.
Who Can Use the MV-349.1 Form?
You qualify to use MV-349.1 if:
- You are the surviving spouse of the deceased owner, OR
- You are the duly appointed guardian of the surviving minor child(ren) under age 21.
The form also allows transfer to another party (e.g., a family member or buyer) for the benefit of the spouse or minor children.
Important: This form is not for general next-of-kin transfers (use MV-349 instead) or estate executors/administrators when probate is required.
Key Eligibility Requirements
- Vehicle value must be $25,000 or less (you can pay the excess to the estate if slightly over and still use the form).
- Only one motor vehicle per decedent can be transferred this way.
- The vehicle must be a standard motor vehicle (cars, trucks, motorcycles). It cannot be used for manufactured homes, boats, snowmobiles, trailers, or ATVs.
- A photocopy of the death certificate (Certificate of Death or Certification of Death) is mandatory.
Value over $25,000 exception: If the vehicle exceeds $25,000, the form can still be used if the excess amount is paid directly to the estate under EPTL §5-3.1(a)(4).
How to Download the Official MV-349.1 PDF?
Direct download (100% free and official):
Download MV-349.1 Affidavit for Transfer of Motor Vehicle (PDF)
Always get the form directly from dmv.ny.gov to ensure you have the latest version (MV-349.1 4/25).
Step-by-Step: How to Fill Out and Use the MV-349.1 Form?
- Obtain the title or transferable registration — Complete Section 1 (Transfer by Owner) on the back. The surviving spouse signs as “surviving spouse.” If transferring to another party, include the relationship.
- Complete the MV-349.1 affidavit (print clearly):
- Check spouse or guardian box.
- Enter decedent’s name, date of death, and vehicle details (make, year, model, type, VIN).
- Enter the new owner’s name and address.
- Confirm vehicle value ≤ $25,000 (or note payment of excess).
- Affirm it is the only vehicle being transferred this way.
- Sign and date before a notary public or commissioner of deeds.
- Attach the death certificate photocopy.
- The new owner submits everything with:
- Form MV-82 (Vehicle Registration/Title Application)
- Proof of identity and date of birth
- Any lien release (if applicable)
- Payment for title/registration fees
Submit in person at a DMV office or mail to the Title Bureau (see MV-843 for full checklist).
Required Documents Checklist
- Completed & notarized MV-349.1
- Original title or transferable registration (signed on back)
- Photocopy of death certificate
- MV-82 application
- Proof of name & DOB (per ID-82)
- Lien release (if any)
- Payment for fees
Note: Liens do not block registration but must be released for a clean title.
Important Limitations & When You Cannot Use MV-349.1?
- Out-of-state titles in the decedent’s name → Not allowed. Use an executor/administrator or title the vehicle in the original state.
- Multiple vehicles or value clearly over $25,000 → Full estate proceedings required.
- No surviving spouse or minor children → Use MV-349 (Transfer of Vehicle Registered in Name of Deceased Person) instead.
- Manufactured homes, boats, etc. → Surrogate’s Court order needed.
Frequently Asked Questions (FAQs)
How long does the process take?
Usually 1–2 weeks if all documents are complete; same-day at some DMV offices.
Is the MV-349.1 form free?
Yes – download free from the official NY DMV site.
What if the vehicle is worth more than $25,000?
You may still use MV-349.1 if you pay the excess amount to the estate and document it on the form.
Can I drive the car while waiting for transfer?
Check with your insurance and DMV; temporary plates or registration may be needed.
Difference between MV-349.1 and MV-349?
MV-349.1 is for surviving spouses/guardians of minors. MV-349 is for other next-of-kin when there is no spouse or minor children.
Final Tips for a Smooth Transfer
- Always verify the vehicle’s fair market value (use Kelley Blue Book or similar).
- Keep copies of everything.
- Consult an estate attorney if the situation is complex (probate, liens, multiple heirs).
For the most current instructions, visit the official New York DMV page: If a Family Member Has Passed Away.
Ready to start?
Download the MV-349.1 PDF now and take the first step toward transferring ownership legally and quickly.
This guide is based entirely on the official New York State Department of Motor Vehicles resources (current as of 2026). Laws can change—always double-check dmv.ny.gov before submitting documents.