I think it's a big deal. I live in Virginia and all I need is the death certificate and his drivers license. We are dealing with enough without them making it harder. Did you check the DMV web sight. I did mine. I think the funeral director is wrong. (((Hugs))) Linda

Actually I did check the dmv web site and this is what it said so i think he is right.
If the owner dies without a will:
Where there is a surviving spouse, domestic partner, or civil union partner and the estate does not exceed $20,000
Title can be transferred to the surviving spouse, domestic partner or civil union partner by submitting the old title with an Affidavit of Surviving Spouse/Domestic Partner/Civil Union Partner with a seal of the issuing office (must appear on the document) of the county where the decedent lived at the time of death I am in NJ

What I am reading in your post is that if the "estate" is worth less than $20K threshold.That sounds like all they need ("estate" doesn't necessarily mean a probate). In most states, it is an estate that is probated if a will, an intestacy proceeding is initiated without a will). My guess, "estate" in the statute you posted means all the decedent's property (everything your husband owned) - Look at the definitions, usually in the beginning of that law's chapter. If all you have are the 2 older model cars, certainly his estate could not be worth more than that threshold amount so you would be able to truthfully certify to his estate being below the $20K. You might want to have a friend or relative call DMV, tell them they have a friend (don't give them your name), explain the situation and ask, What does she need to do? That way you hear it from the horses mouth. God bless you ~ Scott

Thanks Scott for your advice. Maybe i can get my niece to call she is younger and a school teacher so has time in the afternoon and has much more smarts than i do so she could probably get and understand the information more than i would be able to at this time as my brain is really foggy and nothing really sinks in well.
Again much appreciation for your help and thanks for the blessings. My thoughts and prayers go out to you as well.
Kathy

I am going through the same thing that you are, Saleeby. My husband died without a will. Although I'm in Canada, I think there's some similarities. The vehicle I drive was in Joe's name. Because it's registered for another year and insured, my lawyer told me that it's ok to wait for probate to be in place before I have it switched to my name.

Correct me if I'm wrong, but I think you still might need to be the official administrator should anything else arise.

In the USA, each state has their own laws about property and surviving spouses.
I would just do it as the funeral director advised you.
I needed to sell my husband's truck, due to finances and he died with our vehicles all in his name. Even though everything I did was legal (in my state) at the DMV, going in there and filling out all the transfer papers suddenly turned very hard, emotionally. My mind froze up about selling his truck. I thought I was going to start crying right at the desk and run out of the building! Fortunately, I had brought a friend with me. I had to push the papers over to her and ask her to please fill out everything except my signatures. She saved my day.
So, just advising: Do it the easiest way.
The funeral director sees us slapped with these things all the time. He is, no doubt, trying to save you added stress.
I was told that writing someone's signature on a documents is not *legally considered fraudulent* EXCEPT when it is being done for the purpose of defrauding the person out of something against their wishes. don't know if that is the rule of law in all states, or only some.
If you can take a calm, unshakable friend along with you, I would suggest doing that. They can even help you write in any sections that you feel shaky about.
The DMV doesn't arrest people. worst thing they'd do is hand your papers back and say you need to go through the court probate process. they just want to get through their workday.
You could have a male friend/family member sign his signature so it appears nothing like your own signature/handwriting.

I had a guy, who doesn't like the government, do what your funeral director said when I sold my husband's car through him. He was great, and happy to do it. I live out here in the sticks where you can't turn around without running into someone like that. People are doing far worse things cheating their way through life, than a widow trying to sell her deceased spouse's vehicle which was really considered joint property all the years they were married. Geez.

It can be a real mess... and like you said, that added stress is not needed when we are going through so much. I had to get an attorney, as I could not deal with all of the stress myself. When my husband and I had bought our home, the mortgage was only in his name, but the property was deeded in both of our names with rights to survivor. We live in a small town, and word travels fast... within a week of Shane's death, the bank had froze the mortgage account... they would not even let me make the payment when it was due! According to my lawyer, they were essentially trying to force a speedy foreclosure while I was too out of it to know what end was up! It was insane... five days after the payment was due... they already had the account in collections and up for foreclosure, stating that since Shane was deceased, he could no longer honor the note. (We had always paid extra and had put a large sum down when we bought this from the sale of our previous home, so we had a very large amount of equity here. we owed about 20% of what the value is). Everything we are forced to endure after this type of tragedy is despicable.

Thank you all for your advise. I think i will follow the funeral directors suggestion and my sister in law offered to come with me but she lives a few hours away and has health issues and I hate to add more stress to her as well so I will probably do it alone. I will go Saturday when I am rested and hopefully somewhat together and I will get this done. I will keep you all posted.

I have had so much trouble with my husbands things but mostly its been getting his medical records, and employment information. He worked for the same employer and went to the same doctor for years but they said I wasn't authorized to receive the information. UGH crazy how things work. keep pushing and research things like I see you have done. Sorry you have to go through this on top of everything

Hugs
Lisa

My husband had car titled in his name only. I signed his name on back of title. Hes not going to sue me for forgery. Gave it to grandson, wrote a receipt of gift with his name signed. grandson had no problem getting it titled to him...from TN to MS..

In NY what you were told is correct. If you tell the DMV he has died you have to go through probate. Listen to the advice of your lawyer.

Wow, didn't know of the problems this could cause. About 3 months before my husband passed we both went to triple A and had all the equipment and trailers put in both our names with an "or". So every vehicle, tracker, golf cart etc. is in "or". But I didn't know about the mortgage thing shaneslove talked about. I too was on the title but he had the loan. The only difference is that we paid off the house. I guess I should consider myself very lucky. If they were to take my property away, or even threaten to, I seriously don't know what I would do. hugs Arlene

This is a lessen for our children who are married. Make sure that EVERYTHING you own with your husband/wife has BOTH your names on it, with right of survivorship. EVERYTHING!

We also added our daughters name onto our homes just in case we both died at the same time. She was also on all our bank accounts, etc.

Who wants to be in a legal mess with legal fees when you are at the most vulnerable state you'll ever be in in your life.

I work everything works out for you.

Roz

Hope everything works out!