The Estate Desk

Last verified 2026-07-13 · every fact checked against the primary sources below

How to transfer a car title after the owner dies in California

Last verified: July 13, 2026

The short answer: Most families do not need probate for the car. If 40 days have passed since the death, the estate is small enough, and no probate case is open, the heir signs DMV form REG 5 (Affidavit for Transfer Without Probate) and submits it with the title and a death certificate copy. If the estate is in formal probate, the executor transfers the title using their Letters Testamentary instead.

A helpful quirk: the car itself usually does not count toward the small-estate limit — DMV-registered vehicles and vessels are excluded when valuing the estate (Prob. Code § 13050).

Path 1: REG 5 affidavit (no probate)

Use form REG 5 when all of these are true (conditions printed on the form itself):

Requirement Detail
40 days At least 40 days have passed since the death
California title The vehicle or vessel is titled in California (out-of-state titles cannot use REG 5)
No probate No probate proceeding is being or has been conducted in California for the estate
Creditors Unsecured creditors have been paid or their claims discharged
Estate size The countable estate (excluding § 13050 property — including the vehicle itself) is under the small-estate limit

A note on the dollar figure: the current REG 5 form (rev. 12/2024) still prints $184,500 for deaths on or after April 1, 2022, but Judicial Council form DE-300 sets the limit at $208,850 for deaths on or after April 1, 2025. The statute controls; the DMV form text lags. [TODO-VERIFY: whether DMV has issued an updated REG 5 reflecting the April 2025 adjustment]

Who may sign REG 5 (from the form): the person(s) who succeed to the vehicle under the will or under intestate succession (Prob. Code §§ 6401–6402), a trustee of the decedent's trust, or a conservator/guardian of the successor's estate.

What to submit:

Item Notes
California Certificate of Title Sign the deceased owner's name and countersign; the heir completes the transfer sections. [TODO-VERIFY: exact endorsement instructions per DMV]
Completed REG 5 Signed under penalty of perjury; copy of the death certificate required (per the form)
Odometer disclosure Required for newer vehicles. [TODO-VERIFY: current model-year cutoff for odometer disclosure (federal rule now covers 2011+ vehicles for 20 years)]
Transfer fee $15 (Vehicle Code § 9255) for a vehicle; $15 for a vessel (DMV fee schedule)

Submit at a DMV office or by mail. DMV customer service: 1-800-777-0133 (printed on the REG 5 form).

Smog check: transfers to close family members are generally exempt from the biennial smog requirement, and an $8 smog transfer fee may apply instead (VC § 4000.1, DMV fee schedule). [TODO-VERIFY: exact family-transfer smog exemption scope for transfers from a deceased parent]

Path 2: the estate is in probate

If a probate case is open (or the estate is too large for REG 5), the personal representative transfers the title:

Item Notes
California Certificate of Title Endorsed by the executor/administrator on behalf of the estate
Certified copy of Letters Testamentary or Letters of Administration Proves authority to sign
Transfer fee $15 (DMV fee schedule)

[TODO-VERIFY: full DMV document checklist for a probate-path title transfer, including whether REG 262 is required]

Either way

The Estate Desk handles this for California families. theestatedesk.com

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