When it comes to switching ownership of car after death, there are two main things to think about: title transfer with probate or without probate. Simply put, probate is the legal process an estate goes through after a person passes. There may or may not be a will and/or living trust with probate procedures.
If there’s a will, the process is obviously easier since the deceased person’s wishes are written down. At that point, the court proceedings will just authenticate/validate the will and authorize your beneficiary/executor to pay your outstanding bills and taxes and execute your plan/will.
A power of attorney or POA can’t be used to complete REG 5
Vehicle Transfer Without Probate and Form REG 5
Transferring cars, motorcycles, and boats after death without probate, means you’re inheriting a vehicle and can keep it or sell it. The California DMV just asks that you fill out Form REG 5 also called Affidavit For Transfer Without Probate California Titled Vehicle or Vessels Only. REG 5 has you sign and certify that there’s no probate proceedings.
BUT, you can only transfer the car 40 days AFTER the decedent’s death. Also, the total property of the individual who has passed away can’t exceed $166,250 If you’re next of kin, conservator, beneficiary or trustee, you can submit the request for title transfer without any letters of administration or testamentary (issued by a court/public official authorizing the executor of a will to take control of a deceased person’s estate).
SEE ALSO: MOST COMMON FORMS FOR SELLING VEHICLE PRIVATELY IN CALIFORNIA
You’ll need a few details to complete REG 5:
• VIN number
• Make and model
• License plate number
• if it’s a motorcycle you’re inheriting, then you need the engine number
• Date and place of decedent’s death
• An original or certified copy of the death certificate for all deceased registered owners
• The title transfer fee; if you’re selling to someone, you’ll have two fees to pay
The title of vehicle to be transferred in this manner must be a California title not out of state. You must sign the CA title on the registered owner’s name and countersignature on line 1.
If a CA vehicle is owned by two or more deceased owners, the Affidavit For Transfer Without Probate form applies for the most recently deceased owner only
Vehicle Transfer With Probate
Typically, a full probate process in California takes a little over six months, so it’s best to start ASAP. When court proceedings are involved in the transfer of the vehicle, the administrator or executor signs the CA title by signing the decedent’s name and writing: “by (name of executor) Executor.”
You’ll need:
• Letters testamentary or court order that authorizes you to make the car transfer
• An odometer disclosure if the car’s less than a decade old
• Title transfer and/or California registration fees
• Statement of Facts Form REG 256 for tax exemption and smog exemption
Your inherited vehicle won’t need a smog check if the last smog certification was obtained within the last 90 days
That’s all for a title transfer in the Golden State if you happen to inherit your next set of wheels! And don’t forget you can transfer ownership online via eTags!
How long does it take for etags to process the transfer,? Is it immediately? And does it show up on the DMV website right away after transferred?
eTags says:For a vehicle being registered in California, we can immediately submit the transaction if we have copies of all the required documents. Submitting the transaction means that the DMV system will be update to reflect the new owner of the vehicle, including issuing a registration card in your name that you can download from your eTags account. However, we must receive all original documents in the mail, such as the title and signed applications, before the transfer is considered complete. Should we not receive those original documents, then the transfer will remain started but incomplete in the DMV system. This will block you from being able to renew the registation in the future. There are instances where a transfer can not be immediately submitted if DMV records for that vehicle have stops or other issues. Please do not hesitate to contact our support team if you have any other questions or need assistance.
Mark says:My brother passed in early Jan 2024.
He has no will and no one has a POA.
His only asset is a car which he is still paying on.
I have his death certificate.
Loan company will not tell me how much he owes on the car, as I have no will or POA.
Loan company told me to fill out California affidative transfer without probate California vehicle form regular 5 (REG 5). At which point they will be able to give me information regarding his loan etc.
Until I find out what he owes on the loan, I do not want to assume or take on the loan. Most likely will let the loan company REPO the car.
If I fill out REG 5 am I now responsible for taking ownership of the car and responsible for his loan?
Our condolences for you and your family’s loss. Providing a completed and signed REG 5 form to a loan company does not mean you are assuming ownership of the car. Providing that document to the CA DMV (along with other required documents) will indeed mean you are taking ownership of the car since you would be submitting a request to transfer the vehicle into your name. That said, you would not be able to transfer ownership of the car to your name since it has a lien. The lien holder (loan company) would have to approve that transfer. Which somewhat brings you back to the beginning. You may need to seek legal counsel if the loan company is unwilling or unable to provide information or assist you with resolving this. Best of luck.
Delores says:My mom passed away in September. Her car was only in her name and given to me by my step-dad. I have her title, deathe certificate and Reg 5 form, since there’s no probate. Does my step-dad need to sign the title transfer? Also can I transfer title before I get it smogged and do it after? The smog is due the end of December.
eTags says:If it was only in your mom’s name then your step dad doesn’t need to sign it since it was never his. Here’s a step by step guide that can help, plus you can transfer the title online with eTags and have a title specialist help you out.
Cynthia says:In California, if the deceased person’s title is lost and there is no probate do I need to complete REG 5, REG 227 and REG 256? I live in Texas and I do not think that matters. I have the death certificate from LA County, proof of insurance on the car, my birth certificate as the decedent and I have different last names and current registration. The car is 2003. Is this something eTags can do and would I receive the new title faster than doing myself? I plan on selling the car once title is in my name.
eTags says:If you plan to complete the transfer in California in order to be issued a California title in your name, you are correct that you would need all 3 of those forms (REG 5, REG 227 and REG 256). If your name has changed and documents (like the title, death cert, your ID, etc) reference that, you will also need to provide an official name change document such as a marriage certificate. eTags can help you with getting the title transferred and getting a new CA title in your name and it would be faster and more convenient if you are either not located in CA or otherwise unable to go in person to a DMV office or if the CA county you are in requires appointments that are booked days or weeks out and you cannot wait. That said, if you are a Texas resident, you could consider transfer the title to your name there instead. We do not offer service in Texas but you can find some of the TX DMV requirements here. You could also look into whether you need to transfer the title into your name at all if you plan on selling it. Depending on where the potential buyer resides, Texas or another state, the DMV may accept the existing title in the deceased’s name as long as you can provide the buyer with copies of all the documents and assuming you feel comfortable doing so. Although, you might find that buyers are deterred from the buying the car if the title is not in your name as the seller. Best of luck.
Erin Thomas says:What happens if it has been more then 40 days since the person is now deceased? What is the next process?
