Putting a Deceased Family Member’s Car in Your Name

For most estates a vehicle can be transferred to an heir without going through probate. California uses the REG 5 Affidavit for Transfer Without Probate, signed by the heir, together with the title and a copy of the death certificate. The vehicle must have been in the deceased's name alone (or as a tenant in common), the estate must fall under the small-estate threshold, and the affidavit can be signed 40 days after the death.

What you need

The original title (or a REG 227 duplicate application signed by the heir if it is lost), a copy of the death certificate, the REG 5 affidavit, an odometer disclosure for vehicles 2010 and newer, a smog certificate if the heir is not a qualifying family member, and the transfer fee. If a lender is still on the title, a lien release is required too.

When the simple path does not apply

If the vehicle was held in a living trust, the successor trustee transfers it with the trust documents instead of a REG 5. If the estate is in probate, the court's letters of administration authorize the executor to sign. If the title lists a joint owner with right of survivorship, the surviving owner simply transfers it with the death certificate. Tell us which situation you are in and we map the exact forms.

Selling instead of keeping

The heir can transfer the vehicle directly to a buyer using the same affidavit, without first putting it in their own name, which saves a transfer fee. The bill of sale and the buyer's transfer are filed together.