You need to continue regular car payments, maintain vehicle registration, and then transfer the car's ownership. You cannot drive the car unless you have proper registration, and penalties will be charged if this is not done on time.
Bring all paperwork to your local Motor Vehicles office (https://dmv.ny.gov/offices), or if you are unable to visit a New York Motor Vehicles office, mail the application with required supporting documents to:
Department of Motor Vehicles
Title Bureau, PO Box 2750,
Albany, New York, 12220-0750
For transfers made by the surviving spouse
'According to the Estates, Powers & Trust Law of New York State,' the owner of one vehicle that has a value of $25,000 or less automatically transfers to the surviving spouse. If the surviving spouse wishes to transfer ownership, they must print the decedent’s name in the “Seller’s Name (Print in Full)” section on the back of the Title and sign their name in the “Seller’s Signature” Section followed by the words “as surviving Spouse”.
The ownership of one vehicle that has a value of $25,000 or less transfers to the surviving children under the age of 21 if there is no surviving spouse or the spouse is disqualified.
The spouse or the legal guardian of one of the children must sign the title certificate. When the spouse or the guardian signs the title certificate, they must indicate the relationship to the deceased owner. A spouse writes the word "spouse" under the signature. A guardian writes "guardian of", and the name and the relationship of the child to the deceased owner (for example, "Charles Edwards, guardian of John Smith, son").
To transfer ownership of the vehicle to another person:
The spouse or guardian must complete an Affidavit for Transfer of Motor Vehicle (PDF) (MV 349.1). The form must be notarized. The spouse or guardian also gives the new owner a photocopy of the death certificate or certification of death. The DMV accepts a photocopy of the death certificate or certification of death. When the new owner applies for a vehicle registration or a title certificate, they must provide form MV-349.1 and the copy of the death certificate or certification of death.
For transfers made by the Executor or Administrator of the Estate:
If there is more than one vehicle or there is one vehicle that has a value of more than $25,000, the vehicle or vehicles become part of the estate. You cannot use the Transfer of Vehicle Registered in Name of Deceased Person (PDF) (MV-349) or an Affidavit for Transfer of Motor Vehicle (PDF) (MV-349.1) to transfer the ownership
A copy of Letters of Testamentary, Letters of Administration, or Voluntary Administrator’s affidavit from the Surrogate Court MUST be submitted together with the decedent’s title transferred by the person given legal authority in the documents to sign. The Executor or Administrator of the estate must transfer the ownership by signing the title certificate. Under the signature of the Executor or Administrator, write: Executor (or Administrator) of the Estate of, and then enter the name of the deceased owner. For example: "Executor of the Estate of Mary Ann Smith".
Deceased owner (Manufactured Homes, Snowmobiles, Boats, Trailers and All Terrain Vehicles)
If the owner is deceased, the Estates, Powers & Trust Law of New York State provides for the transfer of the Manufactured Home, Snowmobile, Boat, Trailer or All Terrain Vehicle only through the property distributions of an estate set up by order of a Surrogate Court. A Surviving Spouse, minor child(ren) or next of kin CANNOT automatically assume ownership. Therefore, a Transfer of Vehicle Registered in Name of Deceased Person (PDF) (MV-349) or an Affidavit for Transfer of Motor Vehicle (PDF) (MV-349.1) cannot be used to transfer a manufactured home.
A copy of Letters of Testamentary, Letters of Administration, or Voluntary Administrator’s affidavit from the Surrogate Court MUST be submitted together with the decedent’s title transferred by the person given legal authority in the documents to sign. The Executor or Administrator of the estate must transfer the ownership by signing the title certificate. Under the signature of the Executor or Administrator, write: Executor (or Administrator) of the Estate of, and then enter the name of the deceased owner. For example: "Executor of the Estate of Mary Ann Smith".
Vehicles to a revocable living trust
The person who creates a trust is the settlor. The owner of the vehicle and the settlor of the trust can be the same person. The person or the persons who manage the property of the trust are the trustee or the trustees. The settlor can be a trustee, but the settlor cannot be the only trustee.
The document that creates the trust is the trust document.
When a person transfers a vehicle to a revocable living trust, the settlor becomes the new owner of the vehicle.
How to Transfer the Vehicle to the Settlor (the Trust)
The owner and the settlor must complete Statement of Transaction- Sale or Gift of Motor Vehicle, Trailer, All-Terrain Vehicle (ATV), Vessel (Boat), or Snowmobile (PDF) (at NY State Department of Tax and Finance) (DTF-802). If the owner and the settlor are the same person, complete Part II of form DTF-802 for a gift. Complete the donor section and the recipient section.
The person who is the owner of the vehicle must complete the seller sections on the back of the certificate. The owner must sign the title certificate as the seller.
The settlor must complete the odometer and damage disclosure statement on the back of the title certificate. The settlor must sign their full name in the buyer section of the title certificate and print the word "settlor" after their name.
The settlor must get new insurance identification cards from an insurance agent or insurance company. The insurance identification cards must identify the trust with the letters "TST" and identify the settlor with the letters "STL". For example:
"John Jones TST"
"John Jones STL"
How the Settlor Applies for a Registration and a Title Certificate
The settlor cannot use the registration or vehicle plates of the previous owner. The settlor must apply for a new title certificate and a new vehicle registration. The DMV issues new registration documents, new vehicle plates and a new title certificate to the settlor. The previous owner must transfer or surrender the previous vehicle plates.
To apply for the new registration and title certificate, the settlor must bring to a DMV office:
Statement of Transaction- Sale or Gift of Motor Vehicle, Trailer, All-Terrain Vehicle (ATV), Vessel (Boat), or Snowmobile (PDF) (at NY State Department of Tax and Finance) (DTF-802)
the insurance identification card that identifies the trust and the settlor
Vehicle Registration/Title Application (PDF) (MV-82) completed and signed by the settlor
the trust document, which
describes the trust as a revocable living trust
shows the name of the trust
shows the names of the settlor, the names of the trustees and the Social Security Number (SSN) of the settlor (if an SSN of the settlor is not available, the settlor can show a New York State driver license with the ID number of the settlors driver license, permit or Non-Driver ID ).