Affidavit For Transfer Of Motor Vehicle (N/a)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit For Transfer Of Motor Vehicle (N/a) is a commonly used form within New York. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Use to transfer a vehicle owned by a deceased person to a surviving spouse or to a child or children under age 21, if the vehicle is worth $25,000 or less.

Atticus Fast Facts About Affidavit For Transfer Of Motor Vehicle (N/a)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit For Transfer Of Motor Vehicle (N/a):

• This form pertains to the State of New York

• The current version of this form was last revised on January 1, 1970

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about New York’s Form Affidavit For Transfer Of Motor Vehicle (N/a) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct New York form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some New York probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Affidavit For Transfer Of Motor Vehicle (N/a), take a break, and then review. Probate and estate settlement processes in NY are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Affidavit For Transfer Of Motor Vehicle (N/a) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit For Transfer Of Motor Vehicle (N/a) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in New York.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster New York can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in New York. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of New York is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for New York probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local New York probate clerk or court for exact answers regarding Form Affidavit For Transfer Of Motor Vehicle (N/a), and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit For Transfer Of Motor Vehicle (N/a) is one of the many probate court forms available for download through Atticus.

It may also be available through some New York probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within New York.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Affidavit For Transfer Of Motor Vehicle (N/a) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the New York probate court office.

Affidavit For Transfer Of Motor Vehicle (N/a) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any New York-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on New York Form Affidavit For Transfer Of Motor Vehicle (N/a). You can use this to get an idea of the context of the form and what type of information is needed.

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 the person’s 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 ) County of ) ss.: , being duly sworn, deposes and says: 1. (a) I am the surviving spouse of (b) I am the duly appointed guardian of the surviving minor child or children of 2. The said 3. At the time of the person’s death, the said died on the day of (OR) , . , in the year of . was the owner of a (Year) (Make) Vehicle identification or serial number 4. The name of the person to whom the vehicle is being transferred is Address: (Model) (Type) . 5. Check one of the following: • The above mentioned motor vehicle has a value of not more than twenty-five thousand dollars ($25,000). • 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 . X Signature (Sign name in full) Sworn to before me this day of , in the year of . MV-349.1 (8/21) Notary Public or Commissioner of Deeds My Commission expires dmv.ny.gov (Date) PAGE 1 OF 2 § 5-1.2 Disqualification as surviving spouse (a) A husband or wife is a surviving spouse within the meaning, and for the purposes of 4-1.1, 5-1.1, 5-1.1-A, 5-1.3, 5-3.1 and 5-4.4, unless it is established satisfactorily to the court having jurisdiction of the action or proceeding that: (1) A final decree or judgment of divorce, of annulment or declaring the nullity of a marriage or dissolving such marriage on the ground of absence, recognized as valid under the law of this state, was in ef fect when the deceased spouse died. (2) The marriage was void as incestuous under section five of the domestic relations law, bigamous under section six thereof, or a prohibited remarriage under section eight thereof. (3) The spouse had procured outside of this state a final decree or judgment of divorce from the deceased spouse, of annulment or declaring the nullity of the marriage with the deceased spouse or dissolving such marriage on the ground of absence, not recognized as valid under the law of this state. (4) A final decree or judgment of separation, recognized as valid under the law of this state, was rendered against the spouse, and such decree or judgment was in ef fect when the deceased spouse died. (5) The spouse abandoned the deceased spouse, and such abandonment continued until the time of death. (6) A spouse who, having the duty to support the other spouse, failed or refused to provide for such spouse though he or she had the means or ability to do so, unless such marital duty was resumed and continued until the death of the spouse having the need of support. MV-349.1 (8/21) PAGE 2 OF 2