Transferring a Car Title After the Owner's Death in California (REG 5)

Transferring a Car Title After the Owner's Death in California

The title doesn't move on its own — but California gives heirs a shortcut. Here is how the REG 5 process works, and when probate is required instead.

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Two paths after an owner's death

When a car owner dies, the title doesn't move on its own — but California gives heirs a shortcut. Without probate: for estates that qualify, the heir transfers the vehicle with a certified death certificate and the Affidavit for Transfer Without Probate (REG 5) — no court filing, just the DMV's affidavit process, and the DMV applies value limits to this route. Through probate: the DMV transfers the vehicle using the court's documents — the Letters Testamentary or Letters of Administration issued to the estate's representative — instead of the affidavit.

The REG 5 route: check you qualify

All of these have to be true before the DMV can accept a transfer without probate:

The vehicle is titled in California — the REG 5 covers California-titled vehicles only

At least 40 days have passed since the owner's date of death

The estate falls under California's value limit for affidavit transfers

You are the person entitled to the vehicle: the heir or successor, a beneficiary under the owner's will, or a guardian, conservator, or trustee acting for that person

The estate is not being administered through probate

Transfer the title, step by step

STEP 1

Wait out the 40 days

A transfer using the REG 5 cannot be accepted until 40 days have elapsed since the date of death. Use the time to gather the documents below — there is no way to rush this step.

STEP 2

Get the death certificate

You will need an original or certified copy of the owner's death certificate. Order extras while you are at it — banks, insurers, and the DMV will each want to see one.

STEP 3

Locate the California title

Find the pink slip. If it is lost, the transfer cannot proceed on the title alone — a REG 227 must be completed to replace it as part of the transfer.

STEP 4

Complete the REG 5 affidavit

The heir or successor completes and signs the Affidavit for Transfer Without Probate — California Titled Vehicle or Vessels Only (REG 5), declaring their right to the vehicle.

STEP 5

Endorse the title as the heir

The heir endorses the Certificate of Title with the deceased owner's name on the release line, countersigned by the heir — the owner's name, signed "by" the heir.

STEP 6

Submit the packet and fee

Take or mail the packet — the endorsed title, the REG 5, the death certificate, and a Statement of Facts (REG 256) if your situation calls for one — to the DMV with the transfer fee. The DMV records the transfer and issues a new title in the heir's name.

When probate is required

If the estate exceeds the value limit for the affidavit process, the estate must be probated, and the DMV will require the appropriate court documents. The same is true when an estate is already in probate, when a will is contested, or when heirs disagree about who is entitled to the car — those are court questions, not DMV-form questions. This guide is general information about the DMV's process, not legal advice; if the estate is large, contested, or already in probate, talk to a California probate attorney before filing anything.

Inherited title questions

How soon after the owner's death can I transfer the title?

Not immediately: 40 days must have elapsed since the date of death before the DMV can accept a transfer using the REG 5 affidavit. Use those weeks to obtain a certified copy of the death certificate and find the title.

What documents do I need to transfer a title without probate?

A certified copy of the death certificate, the California Certificate of Title (or a REG 227 if the title is missing), the completed REG 5 affidavit signed by the heir, and the transfer fee. A Statement of Facts (REG 256) may also apply to your situation.

What if the estate is too large for the REG 5?

Then the affidavit is not acceptable — the estate must be probated, and the DMV will require the court's Letters Testamentary or Letters of Administration to transfer the vehicle.

Can I sell the inherited car instead of keeping it?

Yes — once the title is transferred to the heir, it sells like any other car. You can also start with us before the paperwork is finished: apply, and we'll tell you exactly which documents your situation needs. See our page on selling an inherited car.