If you want your car included in your revocable living trust to avoid New York probate, follow the instructions below. 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(s) who manage the property of the trust are the trustee(s.)
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 owner of the vehicle must complete the seller sections on the back of the certificate and 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 obtain 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 Smith TST”
“John Smith STL”
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 provide 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)
- Insurance identification card that identifies the trust and the settlor
- Vehicle Registration/Title Application (PDF) (MV-82) completed and signed by the settler.
- Living trust document, which
- describes the trust as a revocable living trust;
- shows the name of the trust; and
- shows the names of the settlor and trustees and the Social Security Number (SSN) of the settler. 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 settlor’s driver license, permit or non-driver ID .
Call or text experienced Rochester Living Trust attorneys at 585.484.7432 to schedule a free estate planning consultation