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Brent Blanchard
Brent Blanchard, Lawyer
Category: Traffic Law
Satisfied Customers: 1975
Experience:  Road trip junkie and lawyer, I change my own oil & filters.
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More than 30 days have passed since the title was

Customer Question

More than 30 days have passed since the title was transferred to me. Does the date on a Bill of Sale and the Application for Title MV-82TON both have to be dated the same as the title transfer or can they be dated more than 30 days? In my case it will be almost 2 months.
The title reads "Section 2113 of the Vehicle and Traffic Law requires that application for a title must be made within 30 days of transfer."
Submitted: 10 months ago.
Category: Traffic Law
Expert:  Phillips Esq. replied 10 months ago.

More than 30 days have passed since the title was transferred to me. Does the date on a Bill of Sale and the Application for Title MV-82TON both have to be dated the same as the title transfer

Response 1: No. However, the application for Title must be made within 30 days of the Bill of Sale.

or can they be dated more than 30 days? In my case it will be almost 2 months.

Response 2: No.

Customer: replied 10 months ago.
My partner completed the back of the title without entering a date. Can I enter a date on the title that is less than 30 days from the application for title?
Expert:  Phillips Esq. replied 10 months ago.

Yes. You can enter the missing date.

Customer: replied 10 months ago.
I will have to sign his name on the Bill of Sale and date it 30 days from the Application .
Customer: replied 10 months ago.
Will that meet requirements?
Expert:  Phillips Esq. replied 10 months ago.

I am sorry, but you cannot sign your partner's name on the Bill of Sale. He has to sign it.

Customer: replied 10 months ago.
Oh dear. He died .left me with this car to sell.
Expert:  Phillips Esq. replied 10 months ago.

You would need to probate the estate to get the permission to sign as the Executor of his estate.

Expert:  Brent Blanchard replied 10 months ago.

Since PhillipsEsq has opted out, let me tell you more.

New York law allows a simplified process for small estates. But there is no provision for "transfer on death" with motor vehicles--they must either be signed off on for a regular transfer before the owner dies, or be part of a valid will or trust arrangement that says "car XYZ goes to person 123".

My sources say that New York is still on the relatively small amount of the total estate not being more than $30,000 for it to be taken care of with an expedited and simplified procedure. Any "interested person" can file to become the "voluntary administrator" of a small estate. How things get distributed depends on whether there is a will or not. That is found *beginning* in § 1301 of the Surr. Ct. Proc. Act.

You can find the law for that here: https://www.nycourts.gov/courthelp/DIY/smallEstate.shtml

I'm not saying that this can be done for your departed friend's estate. You will have to look into that yourself.