California Vehicle Transfer After Death
Transfer a car title after death in California by checking how the title was held first. A surviving spouse can move a community property vehicle outside probate, and when the estate is $208,850 or less, heirs can use DMV Form REG 5 (Affidavit for Transfer Without Probate) 40 days after death.
- Transfer fee
- $25
- Title fee
- Included in the $25 title transfer fee
- Registration
- Varies by vehicle value
- Small estate limit
- $208,850 (death on/after 4/1/25)
How Was the Vehicle Titled?
The transfer process depends on ownership type. Pick your situation below.
Surviving Spouse (Community Property Vehicle)Probate may not be needed
A married California resident died, and the surviving spouse is taking a vehicle acquired during the marriage.
California is a community property state, so vehicles acquired during the marriage are presumed community property. The surviving spouse can transfer the title without probate by signing the title and filing an Affidavit of Surviving Spouse with Form REG 343 (Application for Title or Registration), a certified death certificate, and proof of marriage.
- Original certificate of title
- Certified copy of the death certificate
- Certified copy of the marriage certificate
- Affidavit of Surviving Spouse
- Completed Form REG 343 (Application for Title or Registration)
- Valid photo ID
- Smog certification (if required)
Small Estate: Affidavit for Transfer Without Probate (REG 5)Probate may not be needed
No probate is open, the total California estate is $208,850 or less, and at least 40 days have passed since the date of death.
Under California Vehicle Code 5910, a person entitled to the vehicle can transfer it without probate once 40 days have passed since the date of death and the total gross value of the decedent’s California estate is $208,850 or less (effective April 1, 2025). Complete Form REG 5 (Affidavit for Transfer Without Probate) and submit it to the DMV with the title, Form REG 343, a death certificate, and fees.
- Form REG 5 (Affidavit for Transfer Without Probate)
- Original certificate of title
- Certified copy of the death certificate
- Proof you are entitled to the vehicle
- Completed Form REG 343 (Application for Title or Registration)
- Payment of the $25 transfer fee
- Smog certification (if required)
Joint Ownership With Right of Survivorship ("OR" on Title)Probate may not be needed
The title lists two owners joined by "or", and one co-owner survives.
If the title reads "Owner A or Owner B", the vehicle passes to the surviving co-owner without probate. The surviving owner signs the title and submits Form REG 343 with a valid ID and the transfer fee. The DMV may still request a certified death certificate for the deceased co-owner.
- Original certificate of title signed by the surviving owner
- Completed Form REG 343 (Application for Title or Registration)
- Valid ID of the surviving owner
- Payment of the transfer fee
- Smog certification (if required)
Joint Ownership ("AND" on Title)Probate likely needed
The title lists two owners joined by "and", and one co-owner has died.
If the title reads "Owner A and Owner B", the deceased owner’s interest must clear probate before the vehicle can transfer, unless the estate qualifies for the small estate path. The estate typically provides Letters Testamentary or Letters of Administration with a certified death certificate and Form REG 343.
- Original certificate of title
- Certified copy of the death certificate
- Letters Testamentary or Letters of Administration
- Completed Form REG 343 (Application for Title or Registration)
- Valid ID
- Payment of fees
- Smog certification (if required)
Sole Ownership (Probate Required)Probate likely needed
The vehicle is titled only in the decedent’s name and the estate does not qualify for the small estate transfer.
A vehicle titled solely in the decedent’s name generally requires probate. The court-appointed personal representative transfers the title using Letters Testamentary or Letters of Administration, a certified death certificate, and Form REG 343. A Court Order of Distribution may also be needed.
- Original certificate of title (if available)
- Certified copy of the death certificate
- Letters Testamentary or Letters of Administration
- Court Order of Distribution (if applicable)
- Completed Form REG 343 (Application for Title or Registration)
- Valid ID of the personal representative or heir
- Payment of fees
- Smog certification (if required)
See the full step-by-step processThe forms, the order to do them, and what to bring
Read the California title before anyone signs
Confirm whether the title is sole or joint, whether it reads "or" versus "and", whether a surviving spouse is involved, and whether a lien appears. A deceased owner cannot sign, so you need the correct authority path.
Check the community property and small estate paths
If you are the surviving spouse, a community property vehicle can transfer with an Affidavit of Surviving Spouse. Otherwise, if the total California estate is $208,850 or less, you can use Form REG 5 once 40 days have passed since the date of death.
Gather the death certificate and title
Order a certified copy of the death certificate and locate the certificate of title (pink slip). If the title is lost, apply for a duplicate with Form REG 227 (fee $25) before the transfer.
Complete the DMV forms
Every transfer uses Form REG 343 (Application for Title or Registration). Add Form REG 5 for a small estate transfer, an Affidavit of Surviving Spouse for a spouse, or Letters Testamentary or Letters of Administration for probate.
Submit to the DMV and handle smog
File the forms, title, and fees with the DMV. The transfer fee is $25, plus an $8 smog transfer fee where applicable. Most transfers require a valid smog certification unless the vehicle is exempt (four model years old or newer, electric, a motorcycle, a trailer, or certain family transfers).
Good to knowShort notes that save a second trip to the title office
- California does not offer vehicle transfer on death (TOD). California does not allow a transfer on death (TOD) beneficiary designation on a vehicle title. The paths that avoid probate here are surviving spouse (community property), joint ownership with "or", and the small estate Affidavit for Transfer Without Probate (Form REG 5).
- Community property can mean the spouse already owns half. Because California is a community property state, a vehicle bought during the marriage is presumed jointly owned. A surviving spouse often already holds a half interest, which is why the Affidavit of Surviving Spouse can retitle the vehicle without probate.
- Smog certification and family transfers. Most title transfers require a valid smog certification. Transfers between certain family members (parent, child, or spouse) may reuse a current smog certificate. Vehicles four model years old or newer, electric vehicles, motorcycles, and trailers are exempt.
- Lost title? Get a duplicate first (REG 227). If the certificate of title (pink slip) is lost or was never received, file Form REG 227 (Application for Replacement or Transfer of Title) with a $25 fee before attempting the transfer. If a lienholder is listed, they may need to request the duplicate.
Frequently Asked Questions
Can I transfer a car title without probate in California?
What documents do I usually need to transfer a vehicle after death in California?
What if there is a loan on the vehicle?
Do I need to keep the car insured during the transfer?
What if several heirs inherit the car together?
What if the car is titled in another state, not California?
Not Sure Whether Probate Is Required?
Use the California probate assessment before you submit DMV paperwork if the vehicle was solely owned or the estate looks close to a small-estate threshold.
Still weighing whether to keep or sell the car? Read what to do with the car when someone dies for the keep-or-sell decision, or see how to sell the car if you cannot find the title in California.
Official California Sources
Information current as of July 8, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in California can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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