Sahvelo

Transferring a vehicle in California after someone dies

California offers several paths that avoid probate for a vehicle after a death, including a transfer-on-death (TOD) beneficiary designation on the title and a DMV affidavit procedure. This page covers each of them, and the probate routes for when none of them applies. Use “On this page” to jump straight to the part that matches your situation.

Short answer

Start with where the vehicle is titled, not where the person lived: the title state decides which agency's process applies. Then read the title itself. California has allowed a transfer-on-death beneficiary on a vehicle title since 1993, and a beneficiary named there takes automatically — no court, no affidavit. Joint tenancy does the same, but only where the title says so explicitly.

If neither applies, California has a route no other state offers: a sworn certificate at the DMV under CVC §5910, available once 40 days have passed and the rest of the estate does not need probate. That is the difference between a counter visit and a court filing.12

Verified where marked — California:

State California

The procedure is set by the state that issued the title, not by where the owner lived.

Sahvelo publishes 50 states for this topic. If the title came from another state, that state's motor vehicle agency is the authoritative source until we publish it. See what's published.

Paths
5 in this state

The paths this state offers

Every route Sahvelo has verified for transferring a vehicle after a death in this state, side by side. The guided questions identify which one applies to you.

Path When it applies Court involvement Tax owed Speed Authority
TOD beneficiary (§4150.7) Title has a named transfer-on-death beneficiary under CVC §4150.7 (effective July 1, 2023) None None Same day CVC §4150.7
Joint tenancy survivorship (CIV §683) Title shows JTWROS co-owners with right of survivorship None None Same day CIV §683; CVC §4150
DMV-only affidavit (§5910) Sole owner of the vehicle, no other property; vehicle FMV ≤ $5,000 (verify current) None (DMV-only affidavit transfers title without probate) None 1–2 weeks CVC §5910
Small estate affidavit (§13100) Decedent's gross estate in California ≤ $208,850 (Prob §890 as adjusted; figure for deaths on or after April 1, 2025); 40+ days have elapsed since death None (§13100 affidavit presented directly to DMV) Sales tax on transfer 6–8 weeks California Probate Code §13100; §890 (adjusted threshold)
Formal probate Estate exceeds §13100 cap, no eligible distributee, contested will, or other circumstances making simpler paths unavailable Yes — Letters Testamentary or Letters of Administration from California Superior Court (probate division) Sales tax on transfer 4–12 months California Probate Code §§8000+

Where is the vehicle titled?

California's vehicle transfer procedures apply only to vehicles titled in California. The state printed at the top of the paper title — not where the deceased lived — is what matters.

How to find where the title was issued

The paper title is a long-form document the California DMV mailed to the owner. At the top, the state of issuance is printed in the header. The registration card in the glovebox also shows the state that issued the title.

If the deceased's title is from a state other than California, see what to do if the vehicle is titled in another state below.

Transfer-on-death (TOD) beneficiary designation

California has allowed a vehicle owner to designate a transfer-on-death (TOD) beneficiary on the Certificate of Title since 1993. If the decedent designated a TOD beneficiary, that beneficiary takes title to the vehicle automatically on the owner's death — no probate, no court filing, no affidavit.

How the designation appears on the title

If a TOD designation has been added, the California Certificate of Title shows the words "transfer on death to" or the abbreviation "TOD" followed by the beneficiary's name, after the owner's name.

Restrictions on the designation

California's TOD form is restricted to one owner and one TOD beneficiary — it cannot be used for co-owned vehicles or multiple beneficiaries. The registration fee for adding the beneficiary form is $10. During the owner's lifetime, the beneficiary's signature or consent is not required for any transaction relating to the vehicle.

What happens at the owner's death

On the owner's death, the TOD beneficiary takes by operation of law. The beneficiary presents the title and the death certificate to the California DMV and applies for a new title in their name. The exact post-death DMV filing steps for a TOD transfer are still being verified with the California DMV — confirm the current procedure with the DMV before filing.

If two or more people are listed on the title

If the title lists more than one person, check whether the title says "with right of survivorship" (sometimes abbreviated JTWROS). California requires explicit declaration — without that language, co-owned titles are presumed to be tenancy in common, and the decedent's share does not automatically pass to the co-owner.

JTWROS — the survivor becomes the sole owner automatically

Under California Civil Code §683, joint tenancy requires explicit declaration in the will or transfer. When the title carries that declaration, the surviving joint tenant takes the decedent's share by operation of law on death. No probate, no court appointment, no affidavit.

The survivor presents the title and the death certificate to the California DMV and applies for a new title in their name alone.

If the title does not say "with right of survivorship"

If the title is in some other co-ownership form (for example, names joined by "AND" without survivorship language), the decedent's share does not automatically pass to the survivor. The decedent's share must be handled through the TOD (if the surviving co-owner is also the TOD beneficiary — but TOD does not allow co-ownership), the DMV-only affidavit (CVC §5910), the small estate affidavit (Prob §13100), or full probate.

The DMV-only affidavit procedure (CVC §5910)

California offers a DMV-only affidavit procedure under California Vehicle Code §5910 that allows transfer of a vehicle's registration upon the owner's death without probate, irrespective of the vehicle's value, when the decedent left no other property necessitating probate. This path is unique to California — Arizona and New York do not have an equivalent.

What the procedure requires

The sole person (or all persons) who succeeded to the property of the decedent under California Probate Code §§6401 and 6402 (intestate succession), unless the vehicle is by will otherwise bequeathed; OR the sole beneficiary (or all beneficiaries) under the decedent's will, where the vehicle is by will so bequeathed. There must be no superior claimant.

The 40-day waiting period

The procedure requires that at least 40 days have elapsed since the decedent's death.

What the certificate must contain

The affiant signs a certificate of heir or beneficiary under penalty of perjury containing four specific statements (CVC §5910(b)(2)):

  1. Date and place of the decedent's death.
  2. That the decedent left no other property necessitating probate AND no probate proceeding is being or has been conducted in California.
  3. That the declarant is entitled to the vehicle either as the sole successor under Prob §§6401/6402 (no will) or as the sole beneficiary under the decedent's last will (with a will), and that no one has a superior right.
  4. That there are no unsecured creditors of the decedent — or that they have been paid in full or their claims have been otherwise discharged.

The certificate is a sworn statement under California law. Incorrect information can have legal consequences. As an affiant under §5910, you are subject to California Probate Code §§13109 to 13113 to the same extent as a recipient of property under the small estate affidavit procedure (§13100).

Documents you'll file

  1. The certificate of heir or beneficiary under penalty of perjury (with the four statements above).
  2. The California Certificate of Title (if available).
  3. Form REG 343 (Application for Title or Registration) or the current equivalent California title application form.
  4. A certified copy of the death certificate (if required by the DMV).
  5. Your government-issued photo ID.
  6. Proof the lien was satisfied — Form REG 166, or the lienholder's signature on the title (if there is an active lien).

The California DMV may prescribe a combined form for the §5910 procedure and the parallel vessel procedure (§9916). The specific form number — likely REG 5 or a similar combined DMV form — is still being verified directly with the California DMV (the dmv.ca.gov transfer-a-vehicle URL returned a 404 during research on 2026-08-08). Confirm the current form with the DMV before filing.

Why the gating requirement is "no other property necessitating probate"

The §5910 procedure is not limited by the vehicle's dollar value — the gating requirement is whether the estate's other property requires a formal probate proceeding. If the decedent's only significant asset is the vehicle (and any other property is also small enough to pass without probate), §5910 is available even for high-value vehicles.

If the estate contains other property that does require probate (e.g., real estate above the small estate threshold, large financial accounts), the §5910 procedure is not available — the §13100 small estate affidavit or full probate applies instead.

The small estate affidavit (Probate Code §13100)

California's small estate affidavit procedure under California Probate Code §13100 allows collection or transfer of small-estate property without probate when the gross value of the decedent's California estate does not exceed the adjusted threshold under §890, and 40 days have elapsed since death.

The current threshold

For a decedent who died on or after April 1, 2025, the adjusted threshold under Prob §890 is $208,850. The threshold is adjusted periodically (for decedents dying on or after April 1, 2022, the published adjusted list under §890(c) governs). Confirm the current threshold with the California probate court in your county.

Who can sign the affidavit

The sole successor of the decedent as defined in Prob §13006: if testate, the sole beneficiary under the will; if intestate, the sole person who succeeded to the property under California intestate succession (Prob §§6401 and 6402).

Where more than one person is entitled, Prob §13101(b) requires the affidavit statements to be modified to reflect that fact. All persons may sign together, or some may renounce their interest. Confirm with a California estate attorney if multiple heirs share the property.

What the affidavit must contain (Prob §13101)

The affidavit or declaration under penalty of perjury must include 11 specific items (Prob §13101(a)(1)–(11)), including:

  • The decedent's name, date, and place of death.
  • A certification that at least 40 days have elapsed since death (with the certified death certificate attached).
  • Either (A) no proceeding is being conducted for administration OR (B) the personal representative has consented in writing to the transfer.
  • A statement of the current gross fair market value of the decedent's California real and personal property (excluding §13050 property and §13151 petition property), using the adjusted §890 amount.
  • A description of the property to be transferred (the vehicle).
  • The name of the successor (per §13006) to the described property.
  • Either (A) the affiant is the successor OR (B) the affiant is authorized under §13051 to act on behalf of the successor.
  • That no other person has a superior right.
  • The affiant's request that the property be transferred.
  • Affirmation or declaration under penalty of perjury under California law.

For decedents dying on or after April 1, 2022, the affidavit must attach the published adjusted dollar amount list under Prob §890(c) (Prob §13101(f)).

Documents you'll file

  1. Affidavit or declaration under penalty of perjury containing the 11 items listed above.
  2. Certified copy of the death certificate attached to the affidavit (Prob §13101(d)).
  3. Published adjusted dollar amount list attached to the affidavit if decedent died on or after April 1, 2022 (Prob §13101(f)).
  4. The California Certificate of Title (if available).
  5. Form REG 343 (Application for Title or Registration).
  6. Your government-issued photo ID.
  7. If a lien is listed: the lienholder's release, on Form REG 166 or by signing the title (if there is an active lien).

The §13100 affidavit interacts with the DMV transfer process. For a vehicle, the affidavit (along with the title and death certificate) is presented to the California DMV in conjunction with Form REG 343.

California's intestate succession order has multiple tiers (Prob §6402): issue → parents → issue of parents → grandparents → issue of grandparents → issue of predeceased spouse → next of kin → parents of predeceased spouse. A California estate attorney can confirm who is the proper distributee.

When the estate route applies

When the simpler paths (TOD, DMV-only §5910, small estate §13100) are not available, the vehicle must be transferred through the estate. This requires either an Executor (under a will) or an Administrator (court-appointed) and Letters from the California Superior Court (probate division).

Executor — when there is a will

If the decedent left a will naming an Executor, the Executor proves their authority by Letters Testamentary issued by the Superior Court. The Executor then signs the California title in the form "Executor of the Estate of [Deceased Name]" and presents Letters Testamentary to the California DMV with Form REG 343.

Administrator — when there is no will

If the decedent left no will, the Superior Court appoints an Administrator (in the priority order set by California intestate succession — Prob §§6401 and 6402) and issues Letters of Administration. The Administrator signs the title in the form "Administrator of the Estate of [Deceased Name]" and presents Letters of Administration to the California DMV.

When full probate (rather than small estate) is required

Full probate is required when the estate exceeds the small estate threshold, when there is no eligible distributee, when there is a contested will, or when other circumstances make the simpler paths unavailable. Sahvelo currently routes to full probate but does not model the full probate procedure itself.

What documents you may need

The forms and documents you need depend on which path applies. Below is a complete list of everything Sahvelo has identified as potentially relevant to a California vehicle transfer after a death.

California Certificate of Title

The long-form document the California DMV mailed to the owner. It is required for every transfer path. Look at the front for the lienholder name (if any) and the owner line for the TOD designation (if any) or the joint-tenancy declaration (if any).

Death certificate (certified copy)

A certified copy of the death certificate is required for the TOD beneficiary transfer, the §5910 DMV-only affidavit procedure, the §13100 small estate affidavit, and the Executor/Administrator route. Have at least one certified copy available.

Certificate of heir or beneficiary under penalty of perjury (CVC §5910)

A sworn statement required for the DMV-only §5910 procedure. Contains the four specific statements described above. The California DMV may prescribe a combined form for this procedure and the vessel §9916 procedure.

Small estate affidavit (Prob §13100)

A sworn affidavit required for the §13100 small estate procedure. Contains the 11 specific items required by Prob §13101(a)(1)–(11). Filed with the property holder (for a vehicle, used in conjunction with the DMV transfer).

Form REG 343 (Application for Title or Registration)

The standard California DMV form used to apply for a new title. It is filed on every transfer path covered in this guide — TOD, §5910 DMV-only, §13100 small estate, Executor/Administrator route, and JTWROS cleanup. Confirm the current form number with the DMV before filing (DMV form numbering may have changed since the time of research).

Letters Testamentary / Letters of Administration

Court-issued documents proving the Executor (under a will) or Administrator (appointed by the Superior Court) has authority to act on behalf of the estate. Required for the Executor/Administrator route when the simpler paths are not available.

Proof the lien was satisfied

If the vehicle has an outstanding loan, the lender (called the "lienholder") has a security interest in the vehicle, and California will not move the title until that is satisfied. The DMV names two releases: Form REG 166, or the lienholder signing the Certificate of Title. Which one is available is not a preference — REG 166 must be notarized, and it cannot be used at all where the title is paperless or the car is two model years old or newer. A financed California car is usually one or both, so in practice the release comes through the certificate the lender is already holding.••

Your ID

Standard government-issued photo identification. The California DMV will verify your identity at the counter.

What to do if there is a loan or lien on the vehicle

A "lien" on a vehicle means a lender (usually the bank or credit union that financed the car) has a legal claim against the vehicle until the loan is paid off. The lien is printed on the front of the California title.

The California DMV will not transfer a title while there is an active lien. The lien must be satisfied — by Form REG 166 or by the lienholder signing the title — before the transfer can happen.

How to find out if there is a lien

Look at the front of the paper title. If a lienholder is listed, that is an active lien. The lienholder is usually a bank, credit union, or finance company. If the title does not list a lienholder, there is no lien.

What the lienholder needs to provide

One of the following:

  • A lien release — the lender formally releases its claim on the vehicle. This happens when the loan is paid off.
  • A the lienholder's signature on the Certificate of Title — the lender agrees to the transfer even though the loan is still owed. This is less common but is sometimes given when, for example, a family member wants to take over the payments.

When the lien release has to happen

Before the California DMV processes the title transfer. The lienholder will typically mail or electronically deliver the lien release to the DMV, or provide it to you to bring to the DMV counter. Contact the lienholder as soon as you know the transfer is needed — lien releases can take several days to a few weeks.

What to do if the vehicle is titled in another state

If the paper title shows a state other than California at the top, California's TOD, §5910 DMV-only, §13100 small estate, and full-probate procedures do not apply. Out-of-state titles require the procedures of the state where the title was issued.

Why California's procedures can't be used

California's TOD (§4150.7), §5910 DMV-only, §13100 small estate, and full-probate procedures all require a California-titled vehicle. They cannot be used to transfer an out-of-state title.

Ancillary probate for non-resident decedents

If the deceased was a resident of another state and owned a vehicle titled in California (or vice versa), ancillary probate in the title state may be required to obtain authority to transfer the vehicle there. Confirm with an estate attorney licensed in the title state.

Where to find the right resource

Start with the motor vehicle agency in the state where the vehicle is titled. Each state publishes its own transfer-after-death process on its DMV, MVD, or Secretary of State website.

If the situation involves the will or estate, an estate attorney licensed in the state where the vehicle is titled is the right resource.

Common points of confusion

Does the will override the TOD beneficiary designation?

Under California Vehicle Code §4150.7, the TOD designation on the title takes precedence over a contrary will provision. If the decedent designated a TOD beneficiary, the beneficiary takes by operation of law regardless of what the will says about the vehicle.

Can co-owners with TOD be designated?

No. California's TOD form is restricted to one owner and one TOD beneficiary. Co-owned vehicles cannot use the TOD designation. If the title is co-owned without survivorship language, the decedent's share passes through the estate.

Can the surviving spouse just take the car without paperwork?

No. Even under the DMV-only §5910 procedure or the small estate §13100 procedure, the affiant must file the sworn certificate with the California DMV and present the title and the death certificate. Driving an unregistered vehicle can create legal and insurance problems for both the new owner and any subsequent buyer.

What if the title is lost?

If the original paper title is lost, the California DMV can issue a duplicate title through a separate process that typically takes a few weeks. The duplicate title is what you bring to the transfer counter. If an Executor or Administrator is handling the transfer, they can request a duplicate title from the DMV on behalf of the estate. The DMV can advise on the current duplicate-title fee and processing time.

What about manufactured homes, boats, and trailers?

California's §5910 procedure covers motor vehicles registered under the Vehicle Code. Boats and undocumented vessels are covered by a separate procedure (CVC §9916). Manufactured homes, trailers, and ATVs may be handled under different rules. Sahvelo covers motor vehicles only — other property types are out of scope.

What to do, step by step

The order of operations for each path. Only one of these applies to you — the guided questions will say which.

Transfer-on-Death (TOD) beneficiary — California Vehicle Code §4150.7

If the CA title shows a Transfer-on-Death (TOD) beneficiary designation under CVC §4150.7, that beneficiary inherits the vehicle at death without probate.

  1. First

    Locate the CA vehicle title

    Find the paper CA title showing the TOD beneficiary designation. If lost, request a duplicate from CA DMV before filing.

  2. 0 days after the death

    Get the certified death certificate

    Order a certified copy with the raised seal; CA DMV will not accept a photocopy.

  3. First

    Confirm the CA title has a valid TOD beneficiary under §4150.7

    Read the title to confirm the TOD beneficiary line is filled in and signed. CVC §4150.7 only applies when the TOD designation was made on the title.

  4. Anytime

    Complete CA DMV Form REG 5 (or §5910 prescribed form) — transfer to TOD beneficiary

    File CA DMV Form REG 5 (or the §5910 prescribed form per CVC §5910(d)) to record the transfer to the named TOD beneficiary. Attach the certified death certificate and the existing CA title.

  5. First

    File at CA DMV or by mail

    Bring the CA title, certified death certificate, completed REG 5 (or §5910 prescribed form), your ID, and payment for the transfer fee. CA DMV issues a new title in the TOD beneficiary's name.

    Same day at DMV counter; 6–10 weeks by mail

Joint tenancy with right of survivorship — California Civil Code §683

If the CA title creates a joint tenancy with right of survivorship under California Civil Code §683, the surviving co-owner takes the vehicle by operation of law without probate.

  1. First

    Confirm the CA title creates joint tenancy with right of survivorship

    Read the title to confirm the words create a joint tenancy with right of survivorship under California Civil Code §683. Just listing two names is not enough — the survivorship language is required.

  2. 0 days after the death

    Get the certified death certificate

    Order a certified copy with the raised seal.

  3. Anytime

    Complete CA DMV Form REG 5 (or §5910 prescribed form) — survivorship transfer

    File the survivorship transfer paperwork with CA DMV to remove the deceased co-owner's name from the title. CA DMV issues a new title in the surviving co-owner's name only.

  4. First

    File at CA DMV

    Bring the CA title, certified death certificate, completed REG 5, your ID, and payment.

    Same day at DMV counter; 6–10 weeks by mail

DMV affidavit — California Vehicle Code §5910 (transfer without probate)

When the deceased was the sole owner and no TOD or joint-tenancy route applies, an eligible successor under California Probate Code §13006 can use the DMV affidavit procedure under CVC §5910 to transfer the vehicle without probate.

  1. First

    Locate the CA vehicle title

    Find the paper CA title; request a duplicate from CA DMV if lost.

  2. 0 days after the death

    Get the certified death certificate

    Order a certified copy with the raised seal.

  3. Anytime

    Confirm you are a successor under California Probate Code §13006

    Read California Probate Code §13006 — it defines who qualifies as a successor of the decedent for the §5910 affidavit route. The affidavit only works if you are an eligible successor.

  4. Anytime

    Complete the §5910 affidavit (REG 5 or §5910 prescribed form)

    The §5910 affidavit is the DMV's prescribed form under California Vehicle Code §5910(d). Attest to your eligibility under §13006 and the absence of probate.

  5. First

    File at CA DMV

    Bring the CA title, certified death certificate, completed §5910 affidavit, your ID, and payment for the transfer fee. CA DMV transfers the title to the named successor.

    Same day at DMV counter; 6–10 weeks by mail

Small estate affidavit — California Probate Code §13100

When the estate qualifies as small under California Probate Code §13100 (currently $208,850 in personal property, but verify the current limit), a successor can use a §13100 affidavit to collect personal property — including a vehicle — without full probate.

  1. Anytime

    Confirm the estate is under the §13100 small-estate limit

    Read California Probate Code §13100 for the current dollar limit on personal property and the eligibility rules. If the estate exceeds the limit, you must use full probate (Letters) instead.

  2. First

    Locate the CA vehicle title

    Find the paper CA title; request a duplicate from CA DMV if lost.

  3. 0 days after the death

    Get the certified death certificate

    Order a certified copy with the raised seal.

  4. Anytime

    Complete the §13100 small-estate affidavit (per §13101 contents)

    Draft the affidavit per California Probate Code §13101 — it lists the required contents (decedent's death, successor's identity, property description, statement that the estate is under the limit, etc.). Many California courts publish a fill-in template.

  5. Anytime

    Complete CA DMV Form REG 5 (or §5910 prescribed form) — transfer via §13100

    Attach the §13100 affidavit to the REG 5 (or §5910 prescribed form) and submit to CA DMV to transfer the title.

  6. First

    File at CA DMV

    Bring the CA title, certified death certificate, §13100 affidavit, REG 5, your ID, and payment for the transfer fee.

    Same day at DMV counter; 6–10 weeks by mail

Full probate transfer (Letters Testamentary / Letters of Administration)

When the estate exceeds the §13100 small-estate threshold or no non-probate route applies, the personal representative (executor or administrator) transfers the vehicle using court-issued Letters.

  1. After the probate petition is granted

    Petition the California Superior Court for probate and Letters

    File a probate petition (with or without a will) and obtain Letters Testamentary (if there's a will) or Letters of Administration (if intestate). The court issues Letters authorizing the personal representative to act.

  2. Anytime

    Confirm the personal representative's authority under intestate succession

    If intestate, California Probate Code §6401 and §6402 determine who inherits. The personal representative named in the Letters has authority to transfer estate property (including the vehicle) to the successors or to a buyer.

  3. 0 days after the death

    Get the certified death certificate

    Order a certified copy with the raised seal.

  4. Anytime

    Complete CA DMV Form REG 5 (or §5910 prescribed form) — transfer by personal representative

    File REG 5 with the certified Letters Testamentary or Letters of Administration attached. Sign the REG 5 as the personal representative.

  5. First

    File at CA DMV

    Bring the CA title, certified death certificate, certified Letters (certified copy within 60 days of issuance per DMV practice), REG 5, your ID as personal representative, and payment.

    Same day at DMV counter; 6–10 weeks by mail

Documents and forms

Each name below links to the official form or the agency page that issues it.

Needed on every path

Needed on some paths

Where and how to file

  • In person

    Any CA DMV field office

    Bring the CA title, certified death certificate, the §5910 affidavit (REG 5 or §5910 prescribed form) — and for full probate, the certified Letters Testamentary or Letters of Administration — plus the small-estate affidavit if applicable. Bring your government ID and payment for fees. CA DMV will review the documents and process the title transfer at the counter; for the TOD and JTWROS routes, no use tax is owed by the new owner.

    Find an office

    Same day at a DMV field office

    Applies to every path

  • By mail

    CA DMV Title Processing (mailing address on REG 5)

    Mail the CA title, certified death certificate, completed REG 5 (§5910 prescribed form), small-estate affidavit (where applicable) and/or certified Letters, a copy of your ID, and a check or money order for fees to the address printed on REG 5. Use certified mail with return receipt so you can prove delivery if CA DMV flags the file.

    6–10 weeks typical mail processing

    Applies to every path

What it costs

Fees change, and the agency's own schedule is the only current source. Where Sahvelo cannot verify a fixed amount, it links the schedule rather than quoting a number.

FeeAmountNotesFee schedule
CA DMV title transfer fee Published by the agency See the authoritative CA DMV fee schedule for the current title-transfer fee. The exact amount changes — verify before filing. Current fee schedule
CA DMV vehicle registration fee Published by the agency Registration fee varies by vehicle type, license type, and county; see the authoritative CA DMV fee schedule for the current amount. Current fee schedule
CA use tax (when due) Published by the agency CA generally does not charge sales/use tax on a transfer to a successor under CVC §5910 or PROB §13100 when the transfer qualifies as a non-taxable inheritance; some full-probate transfers to a buyer (not an heir) may owe CA use tax. See the authoritative CA DMV page for current rules. Current fee schedule

After you file

  • CA DMV reviews the package, runs the statutory checks (lien, ownership, identity, court-Letters authentication where applicable), and either issues a new CA title in the new owner's name or returns the package with a written explanation of what is missing.

    How long
    Same day at a DMV field office; 6–10 weeks by mail
    What you get
    A new California certificate of title in the new owner's name.

    Applies to every path

  • For some transfers, CA DMV may require a vehicle verification (REG 31) by an authorized agent (e.g., a California Highway Patrol office or licensed VIN verifier) before issuing the new title. Check the CA DMV transfer-a-vehicle page for whether verification is required for your specific situation.

    How long
    Adds a separate appointment (typically same-week scheduling)
    What you get
    REG 31 verification receipt to attach to your REG 5 package.

    Applies to every path

If your situation doesn't fit one of these paths

Common complications, and what each one changes.

  • What if the CA title can't be found?

    If the paper CA title has been lost, stolen, or destroyed, CA DMV will not process the death-transfer paperwork on its own. You need to get a duplicate CA title first, then proceed with the transfer.

    Apply for a duplicate CA title from CA DMV before you file the death-transfer paperwork. The duplicate-title process is separate from the death-transfer process and has its own fee.

    CA DMV — Transfer a vehicle The authoritative CA DMV page on transferring a vehicle — covers duplicate-title steps.

  • What if there's an outstanding lien on the vehicle?

    If the deceased still owed money on the vehicle (a car loan, a mechanic's lien, or any recorded lien on the CA title), CA DMV will not transfer the title until the lien is satisfied or released.

    Contact the lienholder for a lien release (typically a signed lien satisfaction on the title itself, or a separate lien-release letter). You cannot use the §5910 affidavit or the small-estate affidavit to clear a lien — the lien must be released by the lienholder first.

    Situations like this one usually need Probate or debt-resolution attorney may be needed.

  • What if the vehicle is titled in another state, not California?

    The state where the vehicle is titled decides which process applies — not the deceased's home state. If the deceased lived in CA but the vehicle is titled elsewhere, you must use that other state's death-transfer process to move the title first; then register in CA if the new owner is a CA resident.

    Find out which state issued the current title (look at the title document itself), then use that state's death-transfer process. After the out-of-state transfer completes, register the vehicle in CA with REG 5 / §5910 prescribed form if the new owner wants CA plates.

    Situations like this one usually need Out-of-state title specialist if complex.

    CA DMV — Transfer a vehicle The authoritative CA DMV page on transferring a vehicle — including how to handle an out-of-state title.

  • What if the TOD beneficiary under CVC §4150.7 renounces (refuses to accept)?

    California Vehicle Code §4150.7 allows a sole owner to name a transfer-on-death beneficiary on the CA title. If the named beneficiary renounces (refuses to accept the transfer), the vehicle does not transfer to them; instead it falls into the deceased's estate and must be handled through the small-estate affidavit (§13100) or full probate.

    The renouncing beneficiary must sign a written renunciation (Probate Code §82). The deceased's estate then handles the vehicle through either the §13100 small-estate affidavit (if estate qualifies) or full probate. If there is no will and the renouncing beneficiary was the sole successor, the vehicle goes to the deceased's next-of-kin under intestate succession.

    Situations like this one usually need California probate attorney.

    California Vehicle Code §4150.7 (TOD beneficiary designation) Read the statute for the transfer-on-death beneficiary designation process and what happens on renunciation.

  • What if the CA title says CIV §683 JTWROS but one co-owner is missing or incapacitated?

    Civil Code §683 creates a right of survivorship for joint tenancies in CA. If one co-owner is missing (cannot be located) or incapacitated (cannot sign the survivorship affidavit), the surviving co-owner cannot complete the JTWROS transfer at CA DMV. The missing co-owner's interest falls into their own estate (probate or §13100 small-estate), which must then pass to their successors before the vehicle can be transferred.

    If the missing or incapacitated co-owner is alive, locate them (or their conservator) and obtain their signature on the JTWROS affidavit (REG 262) at CA DMV. If they are deceased, their share passes through their own estate (probate or §13100 small-estate). The surviving co-owner cannot unilaterally transfer the full vehicle until the missing co-owner's interest is cleared.

    Situations like this one usually need California probate attorney.

    California Civil Code §683 (joint tenancy rights of survivorship) Read the statute for joint tenancy formation and the right of survivorship rules.

  • What if the deceased's estate exceeds California's Probate Code §13100 cap?

    California Probate Code §13100 caps the small-estate affidavit at $208,850 in personal property (verify the current cap; subject to legislative change). If the total personal property estate — including the vehicle, bank accounts, retirement, and household goods — exceeds the cap, the §13100 affidavit is unavailable and you must petition the Superior Court for full probate.

    Read California Probate Code §13100 for the current cap. If exceeded, file a petition for full probate (Letters Testamentary if there's a will; Letters of Administration if not) in the Superior Court of the county where the deceased resided. A California probate attorney can advise on the right petition type and required documents.

    Situations like this one usually need California probate attorney.

    California Probate Code §13100 (statute text) Read the statute for the current small-estate dollar limit and the eligibility rules.

Questions people ask about this

What the terms mean

12 terms used on this page, defined from the statute
Decedent
The person who has passed away. California Probate Code §78 defines "decedent" as the person whose property is being administered. On California vehicle-title-transfer paperwork, the decedent is the previous titled owner whose interest is passing to the heir, devisee, or transfer-on-death beneficiary. Cal. Prob. Code §78 — primary source
Heir
A person who inherits from a decedent under California intestate succession law (Probate Code §§6401 through 6460) when there is no will. The order: surviving spouse (or registered domestic partner) under §6401, descendants per stirpes under §6402, then more distant relatives per §§6402.1–6402.5. The person who receives the vehicle under intestacy is the heir. Cal. Prob. Code §6401, Cal. Prob. Code §6402 — primary source
Personal representative
Under California Probate Code §58, "personal representative" includes both the executor (named in a will, Prob. Code §8420) and the administrator (appointed by the court for intestate estates, Prob. Code §§8420–8425). On a California vehicle-title-transfer, the personal representative has authority to sign the title on behalf of the estate. Cal. Prob. Code §58, Cal. Prob. Code §8420 — primary source
Affidavit for collection of personal property (Probate Code §13100)
A sworn affidavit used in California to collect a decedent's personal property (including a vehicle) without probate, when the gross value of the decedent's estate does not exceed the §13100 cap (currently $208,850, indexed periodically). The affidavit is signed by a successor (heir or devisee) and must include the specific contents required by §13101. The DMV accepts this affidavit under CVC §5910 to transfer a vehicle title. Cal. Prob. Code §13100, Cal. Prob. Code §13101, Cal. Veh. Code §5910 — primary source
Transfer on Death (TOD) beneficiary
Under California Vehicle Code §4150.7 (Uniform TOD Security Registration Act, Cal. Prob. Code §5500 et seq.), a vehicle owner may name a transfer-on-death beneficiary on the California Certificate of Title. On the owner's death, the title transfers to the named beneficiary without probate. The beneficiary has no ownership interest during the owner's lifetime and may be changed or revoked at any time. Cal. Veh. Code §4150.7, Cal. Prob. Code §5500 — primary source
Joint tenancy
A form of California co-ownership under Civil Code §683 where two or more persons hold equal shares of property with right of survivorship. The surviving co-owner takes the decedent's share automatically, outside probate. California distinguishes joint tenancy from tenancy in common (Prob. Code §5301); only an explicit declaration on the title (e.g., "JT" or "JTWROS" or "with right of survivorship") creates a joint tenancy. Cal. Civ. Code §683, Cal. Prob. Code §5301 — primary source
Small estate (Probate Code §13100)
A California estate whose gross value (less liens, encumbrances, and certain exempt property) does not exceed the §13100 cap (currently $208,850, adjusted every three years). The §13100 affidavit procedure allows heirs and devisees to collect personal property (including a vehicle) without formal probate. The affidavit must be signed 40 days or more after death and must contain the specific items required by §13101. Cal. Prob. Code §13100, Cal. Prob. Code §13101 — primary source
Surviving spouse / registered domestic partner
Under California Family Code §§297 and 297.5, a registered domestic partner has the same rights, protections, and benefits as a spouse. For vehicle-title-transfer purposes, the surviving spouse or registered domestic partner is treated identically (Prob. Code §6401; Veh. Code §165). On intestacy, the surviving spouse receives the decedent's share of community and quasi-community property plus a share of separate property per §6401. Cal. Prob. Code §6401, Cal. Fam. Code §297 — primary source
Intestate / Testate
"Intestate" means the decedent died without a valid will; California's intestate succession statute (Prob. Code §§6401 through 6460) determines who inherits the estate. "Testate" means the decedent left a valid will executed in compliance with Prob. Code §6110 (formal will, witnessed) or §6111 ( holographic will — handwritten, signed by testator). Distinct paths to the same vehicle. Cal. Prob. Code §6110, Cal. Prob. Code §6401 — primary source
Certified copy of death certificate
An official certified copy of the death certificate issued by the California Department of Public Health (or the equivalent authority of another state), with a raised seal, that the CA DMV requires to process a vehicle title transfer after death. Health and Safety Code §103525 governs California death registration. The DMV will not accept a photocopy or a non-certified copy. Cal. Health & Safety Code §103525 — primary source
REG 262 (Vehicle/Vessel Transfer and Reassignment)
A California DMV form filed by the seller (or transferor) of a vehicle to notify the DMV that ownership has been transferred and to release the transferor from liability for what happens to the vehicle after the transfer date. Required for any title transfer, including post-death transfers (CVC §5602). Cal. Veh. Code §5602 — primary source
DMV affidavit (CVC §5910)
A California DMV-specific affidavit procedure under Vehicle Code §5910 that allows an heir or devisee to transfer a vehicle title using the Probate Code §13100 affidavit (when the estate is small enough). The DMV's own form, REG 5, implements §5910. Distinct from the §13100 affidavit itself; §5910 specifies how the DMV accepts the §13100 affidavit for title transfer. Cal. Veh. Code §5910 — primary source

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Sahvelo gives information drawn from statutes, agency guidance and official forms. It is not legal advice for your particular situation. Terms & disclaimer.

Sources

Every claim on this page is traceable to a primary California source. The personalized conversation in Sahvelo cites the same sources at the point of recommendation. Sources with a pending status have not yet been verified directly with the California DMV or court system — see the notes.

  1. California Vehicle Code §4150.7(d)

    Statutory basis for California's vehicle TOD designation: one owner + one beneficiary, fee $10, certificate reads "transfer on death to" or "TOD" after owner's name. Effective January 1, 1993.

    leginfo.legislature.ca.gov Checked 2026-08-08

  2. California Vehicle Code §5910(a)

    Statutory basis for California's unique DMV-only affidavit procedure. Available irrespective of vehicle value when decedent left no other property necessitating probate and 40 days have elapsed.

    leginfo.legislature.ca.gov Checked 2026-08-08

  3. California Probate Code §13006(b)

    Defines "successor of the decedent" — sole beneficiary under a will, or sole person entitled under intestacy (Prob §§6401/6402).

    leginfo.legislature.ca.gov Checked 2026-08-08

  4. California Probate Code §13100

    Statutory basis for the small estate affidavit procedure: threshold $208,850 as adjusted under §890, 40-day waiting period. Threshold figure current for deaths on or after April 1, 2025.

    leginfo.legislature.ca.gov Checked 2026-08-08

  5. California Probate Code §13101(a)

    Specifies the 11 items required in a §13100 affidavit. Includes the published adjusted dollar amount list attachment requirement for decedents dying on or after April 1, 2022.

    leginfo.legislature.ca.gov Checked 2026-08-08

  6. California Probate Code §6401(a)

    Defines the surviving spouse's intestate share of community, quasi-community, and separate property. Used by §5910(b)(2)(C) to identify the successor.

    leginfo.legislature.ca.gov Checked 2026-08-08

  7. California Probate Code §6402

    Establishes the 7-tier order of intestate succession when there is no surviving spouse or the spouse's share does not consume the estate.

    leginfo.legislature.ca.gov Checked 2026-08-08

  8. California Civil Code §683(a)

    Establishes joint tenancy in California and the requirement that it be expressly declared in the will or transfer. A joint tenant in personal property takes by operation of law on the decedent's death.

    leginfo.legislature.ca.gov Checked 2026-08-08

  9. California Vehicle Code §5602 (Sale/transfer procedure)

    General procedure for sale or transfer of a vehicle (bona fide sale + delivery + proper endorsement or notice to the DMV). Not directly applicable to post-death transfers but referenced for completeness.

    leginfo.legislature.ca.gov

  10. California Vehicle Code §5900(a)

    Requires owner to notify DMV within 5 calendar days of sale/transfer, including odometer disclosure under 49 USC §32705. Not directly applicable to post-death transfers but referenced for completeness.

    leginfo.legislature.ca.gov Checked 2026-08-08

  11. California DMV — TOD post-death transfer procedure

    The specific DMV filing steps for a post-death TOD beneficiary transfer (presenting the title + death certificate to the DMV to apply for a new title in the beneficiary's name) have not been independently re-verified against current DMV guidance. Treat as consistent with the general title-transfer page but confirm with the DMV before filing.

    dmv.ca.gov pending re-verification

  12. California DMV — CVC §5910 prescribed form (REG 5 or combined form per §5910(d))

    The specific DMV form number prescribed for the §5910 affidavit procedure (likely REG 5 or a combined §5910/§9916 form) was not retrievable from the live dmv.ca.gov portal and has not been independently confirmed. Confirm the current form with the DMV before filing.

    dmv.ca.gov pending re-verification

  13. California DMV — JTWROS exact filing procedure for surviving owner

    The exact DMV filing steps for a JTWROS surviving owner to assume title have not been independently re-verified against current DMV guidance. Treat as consistent with the general title-transfer page but confirm with the DMV before filing.

    dmv.ca.gov pending re-verification

  14. California Courts — Self-Help Guide (probate procedures)

    California Courts self-help guide for probate, small estate, and ancillary procedures. Use the county-specific Superior Court (probate division) for actual filings.

    selfhelp.courts.ca.gov

Sources last reviewed 2026-08-08. Sources are re-checked on a schedule, and this date changes when they are. Where a source is marked pending re-verification, the page says so wherever the claim appears.

Related from the Sahvelo Journal: What Happens to a Car When Someone Dies?

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