When a California vehicle owner dies and the estate doesn’t need probate, an heir can transfer the car with REG 5, Affidavit for Transfer Without Probate, plus a copy of the death certificate. You can only use it if at least 40 days have passed since the death and the estate is under the value limit.
Can you use REG 5?
By signing REG 5, you state that all of the following are true:
- At least 40 days have passed since the owner died
- No probate is being, or has been, conducted in California for the estate, and no other property needs probate
- Unsecured creditors have been paid, or there are none
- The estate’s gross value in California, excluding certain property, is $184,500 or less (if the owner died on or after April 1, 2022) or $166,250 or less (if before)
- You are entitled to the vehicle as an heir (no will) or a beneficiary under the will, or as a trustee, conservator or guardian for them
If the estate is over the limit, REG 5 can’t be used, even if everyone agrees who should get the car. In that case, ask the DMV or a probate lawyer about your options.
What you need
- REG 5, completed and signed by each person entitled to the vehicle
- A copy of the death certificate
- The California title, if you have it (if it’s missing, REG 227 as well)
- The transfer fee and any registration fees
Filling in REG 5
REG 5 is a one-page fillable PDF.
- Section 1: Vehicle. VIN, plate number, year and make.
- Decedent details. The owner’s full name, date of death and place of death (city and state).
- Section 3: Signatures. Each person taking the vehicle prints their full legal name, adds a phone number or email, signs and dates. There is room for three people. It is signed under penalty of perjury; no notary block is on the form.
Section 2 is information only: it warns that people who take property this way can be liable for the decedent’s debts under the Probate Code.
Submitting it
Bring REG 5, the death certificate copy, the title and fees to a DMV office, or mail them to DMV, PO Box 942869, Sacramento, CA 94269. The DMV’s fee calculator on the title transfer page estimates the transfer fee.
Other situations
- Car owned jointly with a surviving spouse or co-owner? Ask the DMV first; depending on how the title is worded, the survivor may not need REG 5.
- Estate in probate? The executor or administrator handles the transfer with court documents instead of REG 5.
- Giving the car to a relative afterwards? See gifting a car to a family member in California.