Small Estate Proceeding in New York-Transferring a Car

In New York, you can transfer a car after death without a probate proceeding in some instances. 

If the car is worth $25,000 or less it will be transferred to the spouse by executing DMV documents and no probate is necessary.  If there is no spouse, it goes to the children under 21. 

If there are multiple vehicle or a vehicle valued at more than $25,000, there will need to be a probate proceeding to transfer the car. EPTL 5-3.1

To transfer the car without a probate proceeding, you will need:

A notarized Form MV-349, 

A copy of the death certificate, and

A signed title.

Elder, Wills, Estates, Trusts, Special Needs Tax & Business Law; Attorney John Sweeney

Sweeney Legal, LLC, provides legal, practical, and business counsel to Seniors, families, and businesses in the Fairfield, Connecticut area, including the communities of Bridgeport, Bethel, Brookfield, Danbury, Darien, Easton, Fairfield, New Canaan, Newtown, Norwalk, Redding, Ridgefield, Stamford, Weston, Westport and Wilton. John is also licensed in New York serving Westchester County including the towns of Bedford, Lewisboro, Mount Kisco, North Salem, Pound Ridge, and Somers.

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