Transferring a Car After Someone Dies in California
How to transfer a vehicle title after the owner dies in California, from the official motor vehicle agency.
Short answer: Through the California DMV. If the title was issued in beneficiary (TOD) form, the vehicle belongs to the surviving beneficiary. California DMV, Title Transfers and Changes; REG 5; Cal. Veh. Code §§ 5910, 5910.5
| Transferring a car after death | Through the California DMV. If the title was issued in beneficiary (TOD) form, the vehicle belongs to the surviving beneficiary. Otherwise, an heir or beneficiary can transfer a California-titled vehicle without probate using the Affidavit for Transfer without Probate (REG 5) and a copy of the death certificate, if at least 40 days have passed since death, no probate is open, unsecured creditors are paid, and the decedent's California estate (excluding exempt property) is within the small estate limit. A trustee of the decedent's trust can also use the REG 5. If the title is missing, file an Application for Replacement or Transfer of Title (REG 227) first. If the estate is probated, the personal representative signs using the court-issued letters. The REG 5 form currently lists the $166,250 and $184,500 limits; the small estate limit for deaths on or after April 1, 2025 is $208,850 (form DE-300). Ask DMV which limit it applies. |
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More California estate law
- Medical Power of Attorney in California
- Small Estate Affidavit in California
- Power of Attorney in California
- Quitclaim Deeds and Transferring Property in California
- Who Inherits If You Die Without a Will in California
- How to Make a Valid Will in California
- How Probate Works in California
- Living Wills and Advance Directives in California
- Revocable Living Trusts in California
- Executor Duties in California
- Letters Testamentary in California
- Affidavit of Heirship in California
- How to Avoid Probate in California
- All California wills, probate and estate rules
FAQ
How do I transfer a car title after someone dies in California?
Through the California DMV. If the title was issued in beneficiary (TOD) form, the vehicle belongs to the surviving beneficiary. Otherwise, an heir or beneficiary can transfer a California-titled vehicle without probate using the Affidavit for Transfer without Probate (REG 5) and a copy of the death certificate, if at least 40 days have passed since death, no probate is open, unsecured creditors are paid, and the decedent's California estate (excluding exempt property) is within the small estate limit. A trustee of the decedent's trust can also use the REG 5. If the title is missing, file an Application for Replacement or Transfer of Title (REG 227) first. If the estate is probated, the personal representative signs using the court-issued letters.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.