Transfer a Car Title After Death in California (Form REG 5)

1. The title names a transfer on death (TOD) beneficiary

California lets an owner name a TOD beneficiary on the title. When the owner dies, the car goes to that person without probate or a REG 5.

1. The beneficiary signs the owner's name on the title and countersigns on line 1.
2. The beneficiary fills in a Statement of Facts (REG 256) giving the date and place of death and saying they are the named beneficiary.
3. Pay the transfer fee. If the beneficiary sells the car on, two transfer fees are due.

2. The title lists a surviving co-owner

It depends on the word between the names. With "OR" (or "AND/OR"), the surviving owner's signature alone transfers the car. With "AND", the dead owner's share has to be released by an heir on a REG 5, or by the executor or administrator with letters from the court.

1. "OR": the survivor signs the title. If the title says "Tenants in Common", the dead owner's share goes to their estate instead.
2. Joint tenants with right of survivorship (JTRS): the survivor signs and attaches a copy of the death certificate.
3. "AND": add a REG 5 signed by the heir (if the survivor is also the heir, they can sign it) or the executor's letters.

3. Heirs, with no probate: form REG 5

Use it when no probate case is open or will be opened, at least 40 days have passed, the person's unsecured debts are paid, and the rest of their California property is within the small estate limit ($208,850). The car must have a California title.

1. Fill in Section 1 of the REG 5: the VIN, plate number, year and make, the person's name, and the date and place of death.
2. Sign Section 3 under penalty of perjury. There is room for three signers. Under Vehicle Code § 5910 the transfer is made by the sole heir or by all the heirs together, so when the car is shared, every heir should sign.
3. Bring the California title with the REG 5.
4. Attach a copy of the death certificate, and a Statement of Facts (REG 256): the DMV lists it for family, estate and inheritance transfers.
5. Take the packet to a DMV office with the $15 transfer fee and any registration fees due.

4. An executor or administrator has been appointed

Once a probate case is open, the REG 5 can't be used. The executor (with letters testamentary) or administrator (with letters of administration) signs the car over.

1. The executor or administrator signs the title to release the dead owner's interest and attaches the letters.
2. The new owner's relationship to the person who died is declared on a Statement of Facts (REG 256).

California probate court: Superior Court in the county. The executor's papers: Letters (Judicial Council form DE-150). See how executors get letters.