Form Mv-349.1 - Affidavit For Transfer Of Motor Vehicle

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AFFIDAVIT FOR TRANSFER OF MOTOR VEHICLE
(Authorized by Section 5-3.1 of the Estates, Powers and Trusts Law)
INSTRUCTIONS: This form, along with the title or transferable registration properly completed, may be used to transfer a motor vehicle having a
value of twenty-five thousand dollars ($25,000) or less, owned by a person at the time of his/her death, to a surviving spouse or child or
children under the age of twenty-one years. It may also be used to transfer such a motor vehicle to another party for the benefit of a surviving
spouse or child or children under the age of twenty-one years. A COPY OF THE DEATH CERTIFICATE (CERTIFICATE OF DEATH OR
CERTIFICATION OF DEATH) MUST BE PROVIDED.
State of New York
)
ss.:
County of
)
____________________________________________________________________________________, being duly sworn, deposes and says:
1. (a) I am the surviving spouse of ____________________________________________________________________________________
(OR)
(b) I am the duly appointed guardian of
______________________________________________________________________________,
the surviving minor child or children of______________________________________________________________________________.
2. The said ___________________________________ died on the _________ day of ____________________, in the year of ____________.
3. At the time of his/her death, the said ___________________________________________________________________was the owner of a
______________
_____________ _______________
_____________________________
_____________________
(Year)
(Make)
(Model)
(Type)
Vehicle identification or serial number ___________________________________________________________.
4. The name of the person to whom the vehicle is being transferred is ________________________________________________________
Address: ______________________________________________________________________________________________________.
5. Check one of the following:
o
The above mentioned motor vehicle has a value of not more than twenty-five thousand dollars ($25,000).
o
The above mentioned motor vehicle has a value which exceeds $25,000, but pursuant to Estates, Powers and Trusts Law §5-3.1(a)(4),
I have paid to the estate the sum of $____________, the amount by which the value of such motor vehicle exceeds $25,000.
6. The above mentioned motor vehicle is the only motor vehicle belonging to the decedent that is being transferred under Section 5-3.1 of the
Estates, Powers and Trusts Law.
7. The deponent is a person qualified to take said motor vehicle under Section 5-3.1 of the Estates, Powers and Trusts Law, and hereby
makes claim to said motor vehicle.
8. The deponent is not a disqualified spouse under Section 5-1.2 of the Estates, Powers and Trusts Law, and hereby makes claim to said
motor vehicle. (See page 2.)
9. This affidavit is made for the purpose of securing a transfer of the above mentioned motor vehicle under the provisions of Section 5-3.1 of
the Estates, Powers and Trusts Law.
CERTIFICATION:
I certify that the information I have provided on this form is true and complete to the best of my knowledge.
WARNING: Intentionally making a false statement or providing false or misleading information in connection with this application is a criminal
offense that may subject you to criminal prosecution and/or administrative action under the Law.
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_________________________________________________________________
Signature (Sign name in full)
Sworn to before me this _______day of _________________________________________, in the year of _______________.
__________________________________________________________ My Commission expires__________________________________
Notary Public or Commissioner of Deeds
(Date)
PAGE 1 OF 2
dmv.ny.gov
MV-349.1 (12/16)

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