NJ Form BA-62 Affidavit of Surviving Spouse Guide – Losing a spouse is difficult enough without complicated paperwork. In New Jersey, Form BA-62, the Affidavit of Surviving Spouse, simplifies the process of transferring a motor vehicle title when the title lists both spouses or domestic partners. Issued by the New Jersey Motor Vehicle Commission (MVC), this notarized form allows the surviving spouse or domestic partner to update ownership efficiently.
This guide explains what Form BA-62 is, when you need it, how to complete it, required documents, fees, and related options under New Jersey law. Information is based on official New Jersey Motor Vehicle Commission resources and current state statutes.
What Is New Jersey Form BA-62?
Form BA-62 is an official affidavit used by the New Jersey Motor Vehicle Commission. On this form, the surviving spouse or domestic partner certifies their relationship to the deceased owner and that both names appear on the vehicle’s certificate of title.
The current revision is BA-62 (R7/21). It is a short, single-page document that must be signed and notarized before a New Jersey notary public. You can download the official PDF directly from the New Jersey MVC website:
Download New Jersey Form BA-62 — Affidavit of Surviving Spouse (PDF)
The form is listed among the most popular MVC forms on the official NJ MVC Forms page.
When Do You Need Form BA-62?
According to the New Jersey MVC, Form BA-62 is required in the following situation:
- The vehicle title is held in both the spouses’ or domestic partners’ names.
- One owner has passed away.
- The surviving owner wants to transfer the title into their sole name.
In this case, the surviving owner submits:
- The current certificate of title (properly signed and completed)
- A copy of the death certificate
- A notarized Form BA-62
This process is detailed on the official MVC page for Transferring Vehicle Ownership.
Note that Form BA-62 is specifically designed for joint ownership situations involving spouses or domestic partners. Different procedures apply if the title was solely in the deceased’s name or if the estate exceeds certain value thresholds.
How to Complete New Jersey Form BA-62?
The form is straightforward. You will need to provide:
- Your full name as the surviving spouse or domestic partner
- The full name of the decedent
- How both names appear on the certificate of title
- The title number
- The date of the decedent’s death
You then sign the affidavit and have it notarized by a New Jersey notary public. The notary completes the jurat section with the date and their signature/seal.
Print the form on plain white paper, single-sided. Do not staple documents. Always use the latest revision available on the MVC website, as outdated versions may be rejected.
Required Documents for Title Transfer with Form BA-62
Bring the following to a New Jersey MVC Vehicle Center (appointments are recommended via the official portal):
- Completed and notarized Form BA-62
- Original current certificate of title
- Certified copy or official copy of the death certificate
- Valid government-issued photo identification (such as a New Jersey driver’s license)
- Proof of New Jersey insurance if you plan to register and operate the vehicle
The $60 title fee applies. If transferring the existing registration to an immediate family member, an additional $4.50 fee is charged. Payment methods accepted include major credit cards, check, money order, or cash.
Any liens noted on the title must generally be satisfied or transferred before a new title is issued. Contact the lending institution for guidance.
Related Options: Small Estates and Sole Ownership
Form BA-62 is primarily for jointly titled vehicles. Other scenarios have different requirements under New Jersey law:
- Title solely in the deceased’s name, no will, surviving spouse/domestic partner/civil union partner, and estate value does not exceed $50,000: An Affidavit of Surviving Spouse may be obtained from the County Surrogate’s Court under N.J.S.A. 3B:10-3. This affidavit (separate from the MVC BA-62) allows the spouse to collect assets, including vehicles, without full administration. Assets up to $10,000 are free from the intestate’s debts.
- No surviving spouse/partner and estate does not exceed $20,000: An Affidavit of Next of Kin may be available through the Surrogate.
- Larger estates or when a will exists: Letters of Administration, Short Certificate, or other Surrogate documents are typically required.
The statute governing small-estate affidavits for spouses is available via reliable legal resources such as New Jersey Revised Statutes Section 3B:10-3.
Additionally, New Jersey allows owners to designate a Transfer on Death (TOD) beneficiary on a vehicle title under N.J.S.A. 39:3-30.1b. This keeps the vehicle out of the probate estate. The beneficiary presents the completed TOD form, title, death certificate, and Universal Title Application after the owner’s death.
Step-by-Step Process at the MVC
- Download and complete Form BA-62.
- Have the form notarized by a New Jersey notary.
- Gather the original title, death certificate, and photo ID.
- Schedule an appointment at an MVC Vehicle Center that handles title transactions (use the official Telegov portal).
- Present all documents and pay the applicable fees.
- Receive the new title in the surviving spouse’s or partner’s name.
A vehicle registered in the decedent’s name may continue to be operated until the current registration expires, provided all other requirements are met.
Important Tips and Common Pitfalls
- Always use the official form from the New Jersey MVC website to avoid rejection.
- Ensure the notary is commissioned in New Jersey.
- Confirm the exact names and title number match the existing title.
- If the title is lost, additional steps (such as a title search or duplicate title application) may be required before using BA-62.
- Sales tax is generally not due on a transfer to a surviving spouse in these circumstances, but confirm with the MVC.
- Keep copies of all documents for your records.
Procedures can vary slightly by county Surrogate’s office when small-estate affidavits are involved. Contact the Surrogate in the county where the decedent resided at the time of death for specific guidance on estate-related affidavits.
Where to Get Official Help?
For the most accurate and up-to-date information:
- New Jersey Motor Vehicle Commission official website
- Transferring Vehicle Ownership page
- MVC Forms page
- County Surrogate’s Court in the county of the decedent’s residence
This article is for informational purposes only and does not constitute legal advice. Estate and title transfer rules can involve nuances based on the specific facts of each case. When in doubt, consult the New Jersey MVC, the appropriate County Surrogate, or a qualified New Jersey attorney.
By following the official process with Form BA-62, surviving spouses and domestic partners in New Jersey can efficiently update vehicle ownership during a challenging time.