Transferring Car Title of a Decedent in California: 2026 Guide

Transferring a deceased person’s vehicle in California can be simpler than you think.

When a loved one passes away, handling the practical details of their estate can feel overwhelming. One of the most common questions families in San Diego County and throughout California ask is: “How do I transfer my deceased parent’s car into my name?”

The good news is that California has straightforward procedures for transferring vehicle titles without probate in most situations.

This guide explains how to transfer a deceased person’s car title in California, including the required DMV forms, waiting periods, and fees.

Whether the vehicle was owned solely by the deceased, held in joint tenancy, or was part of a larger estate, you will find clear, step-by-step instructions below.

Key Takeaways

• California allows vehicle title transfers without probate using DMV Form REG 5 (Affidavit for Transfer Without Probate) if you wait at least 40 days after death and the estate meets value requirements.
• The estate value limit is $208,850 (effective April 1, 2025). Still, vehicles are specifically excluded from this calculation, meaning you can transfer a car of any value as long as other estate assets stay below the threshold.
• The DMV transfer fee is $15, and you will typically need a certified copy of the death certificate, the original title (or REG 227 if lost), and a smog certificate.
• Joint tenancy vehicles (titled with “or” between names) pass automatically to the surviving owner upon death, with no 40-day waiting period required.
• Family transfers between spouses, parents, children, grandparents, or grandchildren are exempt from use tax and may qualify for smog certificate exemptions.

When Can You Transfer a Deceased Person’s Car Without Probate in California?

In California, you can transfer a deceased person’s vehicle without probate if you wait 40 days after death and the total estate value (excluding vehicles) does not exceed $208,850. The California DMV provides Form REG 5 specifically for this purpose.

California law recognizes that vehicles are among the most common assets families need to transfer after a death. To avoid burdening families with formal probate for a single-car vehicle, Vehicle Code Section 5910 permits heirs and beneficiaries to transfer vehicle ownership through an affidavit procedure.

Requirements for Transfer Without Probate

To qualify for the simplified REG 5 transfer process, all of the following must be true:

• 40 days have passed since the date of death
• The vehicle is titled in California
• No formal probate proceeding is pending or planned for the estate
• The total gross value of the estate’s real and personal property in California does not exceed $208,850 (as of April 1, 2025)
• All unsecured debts of the deceased have been paid or are being handled
• You are entitled to the vehicle as an heir, beneficiary named in the will, or successor trustee

California Note: Unlike real property, vehicles are specifically excluded from the small estate value calculation under Probate Code Section 13050. This means you can transfer a $100,000 luxury vehicle without probate, provided the rest of the estate remains below the $208,850 threshold.

How to Transfer a Car Title After Death in California: Step-by-Step

The DMV vehicle title transfer process for a deceased person involves gathering documents, waiting 40 days, completing Form REG 5, and submitting the documents to the DMV in person, by mail, or through the Virtual Office portal.

Step 1: Wait 40 Days After the Date of Death

California law requires a 40-day waiting period before you can use the REG 5 affidavit procedure (Vehicle Code Section 5910). This waiting period allows creditors time to come forward and ensures the transfer is appropriate. Use this time to gather all required documents.

Step 2: Gather Required Documents

You will need the following documents to complete the transfer:

• Certified copy of the death certificate (original or certified copy)
• California Certificate of Title signed by the person inheriting the vehicle
• REG 5 (Affidavit for Transfer Without Probate)
• REG 256 (Statement of Facts) for use tax exemption claims
• Smog certificate (unless exempt)
• REG 262 (Vehicle/Vessel Transfer and Reassignment) if the odometer reading is required and there’s no space on the title
• REG 166 (Lien Release) if the vehicle had a loan that has been paid off
• Copy of the will (if one exists) showing you as beneficiary

If the title is lost: Complete Form REG 227 (Application for Duplicate or Paperless Title) and submit it with your other documents. The heir completes the new owner section.

Step 3: Complete Form REG 5

Form REG 5 is the key document for transferring a vehicle without probate. You must sign it under penalty of perjury, attesting that:

• At least 40 days have passed since the decedent’s death
• No probate proceeding is pending or planned in California
• The gross value of the decedent’s property in California does not exceed the current threshold ($208,850)
• All unsecured debts have been paid or are being handled
• You are entitled to the vehicle as an heir, beneficiary, or trustee

Step 4: Submit Documents to the DMV

You have three options for submitting your completed documents:

In Person: Visit any California DMV field office. Make an appointment at dmv.ca.gov to avoid long wait times. San Diego County residents can visit offices in Carlsbad, Oceanside, San Marcos, Escondido, or other nearby locations.

By Mail: Send documents to DMV, Issuance Unit, P.O. Box 942890, MS G204, Sacramento, CA 94290-0001.

Virtual Office: Use the DMV Virtual Office at dmv.ca.gov to submit title transfer requests online.

Step 5: Pay Required Fees

The basic transfer fee is $15. Additional fees may apply depending on your situation:

Processing Time: Standard processing takes 8 to 10 business days. Online submissions through the Virtual Office may take approximately 4 weeks. Rush title service is available for an additional fee with 72-hour processing.

Transfer Scenarios: How Title Ownership Affects the Process

How a vehicle was titled determines which transfer procedure applies. Joint tenancy transfers are the simplest, while sole ownership transfers require the REG 5 affidavit process.

Smog Certificate Requirements for Inherited Vehicles

Most inherited vehicles require a valid smog certificate, but California provides necessary exemptions for newer vehicles and transfers between immediate family members.

A smog certificate is required for most vehicle title transfers in California. However, the following situations are exempt:

• Vehicles 4 model years old or newer (pay $8 smog transfer fee instead)
• Transfers between immediate family members (parent, child, grandparent, grandchild, spouse, or registered domestic partner)
• Diesel-powered vehicles
• Electric and hybrid vehicles
• Motorcycles
• Vehicles with a smog certificate issued within the past 90 days

Use Tax Exemptions for Family Transfers

Transfers between certain family members are exempt from California use tax, potentially saving hundreds or thousands of dollars depending on the vehicle’s value.

California Revenue and Taxation Code Section 6285 exempts use tax on vehicle transfers between:

• Spouses or registered domestic partners
• Parents and children
• Grandparents and grandchildren
• Siblings (only if both are minors)

To claim the exemption, complete Form REG 256 (Statement of Facts) and indicate your relationship to the deceased. The DMV will verify your eligibility.

What If the Estate Exceeds the $208,850 Threshold?

If the estate’s non-vehicle assets exceed $208,850, you may need formal probate or trust administration to transfer the vehicle. However, the executor or administrator can complete the transfer once appointed by the court.

When an estate exceeds California’s small estate threshold, the vehicle must typically be transferred through probate. The personal representative (executor or administrator) appointed by the court has the authority to transfer vehicle titles as part of estate administration.

The executor or administrator signs the title indicating their official capacity (for example, “John Smith, as Executor of the Estate of Jane Smith”). They will need to provide:

• Letters Testamentary or Letters of Administration issued by the court
• The original certificate of title
• A certified copy of the death certificate
• Standard transfer forms and fees

Common Mistakes to Avoid When Transferring a Deceased Person’s Vehicle in California

• If you do not wait the full 40 days, the DMV will reject your REG 5 if submitted before 40 days have passed from the date of death.
• Using a photocopy of the death certificate: The DMV requires an original or certified copy.
• Forgetting to report outstanding liens: If the vehicle has a loan, you must obtain a lien release (REG 166) even if the loan has been paid off.
• Missing the 30-day transfer deadline: While you must wait 40 days to use REG 5, once that period has passed, complete the transfer within 30 days to avoid a late penalty.
• Incorrectly calculating estate value: Remember that vehicles are excluded from the $208,850 threshold calculation.
• Trying to transfer a vehicle titled in another state? California REG 5 only applies to California-titled vehicles. Out-of-state vehicles must be transferred in accordance with that state’s procedures.

Frequently Asked Questions