Transfer a Car Title After Death in California: Forms, Fees

Updated November 8, 2026. Quick answer: in California a car moves after a death by one of four routes, and the wording on the title decides which. A surviving co-owner releases the interest with the death certificate; a named transfer-on-death beneficiary claims it directly; an heir of an estate that is not being probated uses the DMV’s Affidavit for Transfer Without Probate (REG 5); and an executor or administrator uses court letters. The REG 5 route is open only when “at least 40 days have elapsed since the death of the decedent”.

The routes, in the order most families use them

  1. A co-owner on the title. Read the words after the owners’ names. “The signature of only one owner is required to transfer ownership when the co-owner names are joined by ‘and/or’ or ‘or’. A surviving co-owner’s signature on the title releases all owners’ interest unless ‘Tenants in Common’ or ‘COMPRO’ follows the co-owner’s names.” “When ‘Tenants in Common’ follows the names of co-owners, the interest of a deceased co-owner reverts to the deceased co-owner’s estate, not to the surviving co-owner.” “When ‘COMPRO’ (community property) follows the names of co-owners, ownership passes to the surviving owner after the deceased co-owner’s interest is executed by the: Heir of the deceased with a REG 5, if the estate was not probated. Administrator of the estate with Letters of Administration. Executor of the estate with Letters Testamentary.”
  2. A transfer-on-death beneficiary on the title. “The registered owner of a vehicle/vessel may designate a transfer on death (TOD) beneficiary to whom ownership of the vehicle/vessel may be transferred upon death of the owner.” “On death of the owner of a vehicle owned in beneficiary form, the vehicle belongs to the surviving beneficiary, if any. If there is no surviving beneficiary, the vehicle belongs to the estate of the deceased owner or of the last coowner to die.” “Only one registered owner name is permitted.”
  3. An heir, with no probate (REG 5). The form is titled Affidavit for Transfer Without Probate, California Titled Vehicle or Vessel Only. On who signs, it says “Sole person or all of the persons who succeeded to the property of the decedent under CPROB §§6401 and 6402 where the decedent left no will, or as the beneficiary or beneficiaries who succeeded to the vehicle or vessel under the decedent’s will. (CVC §§5910, 9916)” On eligibility it says “and said decedent left no other property necessitating probate and no probate proceeding is now being or has been conducted in this state for the decedent’s estate, that there are no unsecured creditors of the decedent or, if there are, the unsecured creditors of the decedent have been paid in full or their claims have been otherwise discharged” “An original copy of the death certificate is required when a REG 5 form is used; the original death certificate will be returned to the applicant.” “Note The REG 5 cannot be submitted for vehicles not titled in California.”
  4. An executor or administrator. “Administrator with Letters of Administration. Executor with Letters Testamentary.” “If ownership is released by an administrator or executor, the relationship of the transferee to the decedent must be declared on a Statement of Facts (REG 256) (PDF)”

If the surviving owner is a spouse

What the agency’s own materials say about a surviving spouse:

  • “Transfer between family members (parent, grandparent, child, grandchild, brother, sister, spouse, or domestic partner) or individual being added as a registered owner. A REG 256 must be completed for the exemption.”

Forms and where to file

FormName on the formWhat the state says
REG 5Affidavit for Transfer Without Probate, California Titled Vehicle or Vessel Only“An original copy of the death certificate is required when a REG 5 form is used; the original death certificate will be returned to the applicant.”
REG 256Statement of Facts“If ownership is released by an administrator or executor, the relationship of the transferee to the decedent must be declared on a Statement of Facts (REG 256) (PDF)”
REG 227Application for Replacement or Transfer of Title“Complete transfer within 10 days of taking possession of vehicle.”
REG 166Lien Satisfied/Legal Owner/Title Holder ReleaseUsed when the lienholder of record has to release its interest; the DMV handbook says so for the lien line of a transfer.
DMV 22Reporting a Deceased Person“NOTE: Completing this form will NOT update vehicle registration records in the decedent’s name.”

Fees, tax and deadlines

  • Threshold for the REG 5 route. The DMV’s own materials do not agree, and the number is adjusted over time. The form (REV. 12/2024) says “One hundred eighty-four thousand, five hundred dollars ($184,500) if the decendent died on or after April 1, 2022.” The DMV’s how-to page still says “is used when the registered owner of a vehicle is deceased for 40 days or more, and the value of the decedent’s property in California does not exceed $150,000.” The statute the form rests on reads “if the gross value of the decedent’s real and personal property in this state does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250), as adjusted periodically in accordance with Section 890, and if 40 days have elapsed since the death of the decedent” Treat the current form as the controlling copy and confirm the figure with the DMV before relying on it.
  • Transfer fees. The DMV fee schedule lists “Transfer (VC §9255) Fee $15”, “Transfer Penalty (VC §9553.7) Fee $28” and “Transfer on Death (TOD) Beneficiary (VC §§4150.7 and 9852.7) Fee $10”. Registration fees and use tax are separate.
  • Use tax. “REG 5 (use tax is not due), Letters Testamentary, or Letters of Administration (use tax or a CDTFA 111 is due for either types of letters).”
  • Deadline. “Any change of the registered owner or lienholder (legal owner) of a vehicle or vessel is considered a change in ownership and must be updated within 10 days with the Department of Motor Vehicles (DMV).” “Penalties are assessed if payment is not submitted to DMV within 30 days of the ‘sale.’”

Liens, odometer, plates and insurance

  • Odometer. “Odometer disclosure is on the Certificate of Title. Disclosing the vehicle’s odometer mileage reading is required by federal regulations for all transfers unless the vehicle is: 20 years old or older for vehicles 2011 and newer.”
  • Plates. “Disabled Person License Plates Must be surrendered to DMV upon expiration of the registration, or within 60 days of the owner’s death, whichever occurs first.” “Environmental License Plates Must be surrendered to DMV unless the applicant is the heir named on the court documents or Affidavit for Transfer Without Probate California Titled Vehicle or Vessels Only (PDF)”
  • Registration and insurance while the estate is open. “Registration must be maintained while estate matters are managed, including paying registration fees or placing the vehicle on Planned Nonoperation (PNO) status on or before the registration expiration date.” “If the vehicle is currently registered but will not be operated, maintain the vehicle insurance or notify DMV that liability coverage on the vehicle has been cancelled by submitting an Affidavit of Non-Use”
  • Where to file. “Submit at a DMV office or mail to: DMV PO Box 942869 Sacramento, CA 94269”

Keep it or sell it

Whether the car stays in the family or is sold, the federal tax starting point is the same. Under 26 U.S.C. 1014(a)(1), property acquired from a decedent takes as its basis the fair market value of the property at the date of the decedent’s death. A later sale is therefore measured against the value at death, not against what the decedent paid, so a date-of-death value for the vehicle is worth writing down before the title moves. How that applies to your return is a question for a tax preparer; the vehicle is also often the small part of a larger estate, and the California probate cost page covers the rest of that picture.

What the state’s own pages do not settle

We read the agency’s pages, forms and the cited statutes on November 8, 2026. These points were not stated in them, so we do not state them either; confirm them with the office before you go:

  • Whether the REG 5 signatures must be notarized: the form we read shows a declaration under penalty of perjury and no notary block, and says nothing either way.
  • Whether any fee is waived because the car was inherited: the fee schedule lists none.
  • When the 10-day clock begins to run for an heir.

Common mistakes

  • Using the REG 5 to get around a surviving co-owner. “A REG 5 cannot be used to circumvent the interest of a surviving owner when the vehicles are jointly owned by two or more persons and one of the owners is deceased. However, the surviving owner (if they are the heir) may complete a REG 5 to release the interest of the deceased owner. The California Certificate of Title must be signed twice, once by surviving owner and once for the deceased owner countersigned by the heir.”

Related: California small estate affidavit, California probate cost, deadlines after a death calculator, and car title after a death, by state.

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Sources

Read from the state agency pages, forms and statutes linked above on November 8, 2026. General information, not legal or tax advice. Your own facts decide the outcome, and the motor vehicle office, the probate court clerk or an attorney is the right place to confirm anything consequential.