How to transfer a deceased person’s vehicle in California is a frequent question I get as an estate planner. Interestingly it is actually fairly hard to find information about this topic. This post is intended to help.
The Good News: You Probably Don’t Need Probate
Here’s something many people don’t realize: California law makes it relatively easy to transfer a vehicle after someone passes away—without going through probate.
Under California Probate Code Section 13050(b)(1), vehicles are specifically excluded from the calculation that determines whether an estate must go through probate. This means that even if your loved one’s truck is worth $40,000, the vehicle alone won’t trigger probate proceedings.
Instead, California provides a simple affidavit process through the DMV using Form REG 5 (Affidavit for Transfer Without Probate).
Who Can Use This Process?
You can transfer a vehicle without probate if:
- At least 40 days have passed since the date of death
- The vehicle is titled in California (out-of-state titles must be handled under that state’s rules first)
- The total estate value (excluding vehicles, boats, mobile homes, and manufactured homes) does not exceed $208,850 (as of April 1, 2025)
- You are legally entitled to the vehicle as a surviving spouse, heir, will beneficiary, or trustee
If your loved one had a living trust and other assets were properly titled in the trust, the vehicle transfer is usually just a formality—the estate won’t need probate regardless of the vehicle’s value.
Who Qualifies as an “Entitled Successor”?
The DMV will transfer the vehicle to someone who qualifies under one of these categories:
Surviving Spouse or Domestic Partner
If your spouse passed away and the vehicle was community property (acquired during marriage), you likely already own half and inherit the other half automatically. You simply need to prove the marriage and the death.
Heir Under California Law
If there was no will, California’s intestate succession laws (Probate Code Sections 6401 and 6402) determine who inherits. Generally: – A surviving spouse inherits community property – Children inherit separate property (or share with the surviving spouse) – If no spouse or children, parents or siblings may inherit
Beneficiary Named in the Will
If the will specifically leaves the vehicle to you, or if you’re the residuary beneficiary (inheriting “everything else”), you can claim the vehicle.
Successor Trustee
If your loved one had a living trust, the successor trustee can transfer the vehicle on behalf of the trust—even if the vehicle was never formally titled in the trust’s name.
What Documents Will You Need?
Gather these before heading to the DMV:
Required for everyone: – ✓ Certified copy of the death certificate (original or certified—photocopies won’t be accepted) – ✓ California Certificate of Title (the “pink slip”), signed by you as the heir – ✓ Completed REG 5 form (Affidavit for Transfer Without Probate)
If the title is lost: – ✓ REG 227 (Application for Duplicate or Paperless Title)
Depending on your situation: – ✓ Marriage certificate (if you’re the surviving spouse) – ✓ Copy of the will (if you’re a named beneficiary) – ✓ Certification of Trust (if you’re the successor trustee) – ✓ Birth certificate or other proof of relationship (if you’re an heir with no will)
For vehicles less than 10 years old: – ✓ Odometer disclosure (REG 262 if there’s no space on the title) – ✓ Smog certificate (unless exempt)
What Does the REG 5 Form Ask?
The REG 5 is a one-page affidavit where you certify, under penalty of perjury:
- Vehicle information — VIN, license plate, make, model, year
- Decedent information — Name of the deceased, date and place of death
- Your entitlement — How you qualify (surviving spouse, heir, beneficiary, or trustee)
- Estate confirmation — That 40+ days have passed, no probate is pending, and the estate value (excluding vehicles) is under the threshold
You’re signing under penalty of perjury, so make sure everything is accurate. If it turns out the estate actually required probate, you could be held personally liable.
Step-by-Step: The Transfer Process
Step 1: Wait 40 Days
California law requires a 40-day waiting period after the date of death. Use this time to gather your documents.
Step 2: Complete the Paperwork
- Fill out the REG 5 form completely
- Sign the deceased owner’s name on the title, then countersign below it
- Complete the new owner section on the back of the title
Step 3: Visit the DMV
Bring all your documents to a DMV field office. You can also submit by mail, but in-person visits are often faster for resolving any questions.
Step 4: Pay the Fees
- Transfer fee: Approximately $15
- Registration fees: Vary by vehicle
- Use tax: Often exempt for transfers between spouses or parents/children
- Late penalty: $15 if you wait more than 30 days after the waiting period ends
Step 5: Receive Your New Title
Standard processing takes about 8-10 business days. Rush service (additional fee) is processed within 72 hours.
San Luis Obispo County DMV Locations
For families on the Central Coast, here are your local DMV offices where you can complete the vehicle transfer:
San Luis Obispo DMV Field Office
Address: 3190 S Higuera Street, San Luis Obispo, CA 93401
Hours: Monday – Friday, 8:00 AM – 5:00 PM
Features: Kiosk available for some transactions
Pro tip: This is typically the busiest office in the county. Make an appointment online at dmv.ca.gov to avoid long wait times.
Paso Robles DMV Field Office
Address: 841 Park Street, Paso Robles, CA 93446
Hours: Monday – Friday, 8:00 AM – 5:00 PM
Pro tip: The Paso Robles office often has shorter wait times than San Luis Obispo, especially mid-week. If you’re in North County, Templeton, Atascadero, or the surrounding wine country areas, this is your most convenient option.
Special Situations
What if the Vehicle Was Jointly Owned?
If the vehicle was titled with “or” between the names (e.g., “John Smith or Jane Smith”), the surviving owner can simply continue using the vehicle and update the registration when convenient.
If titled with “and” between the names, both owners’ signatures were required for any transaction. The surviving owner will need to use the REG 5 process to remove the deceased owner’s name.
What if There’s a Loan on the Vehicle?
If the vehicle had a loan that’s been paid off, you’ll need a REG 166 (Lien Release) from the lender. If the loan is still outstanding, contact the lender—you may need to assume the loan, pay it off, or work out other arrangements before the title can be transferred.
What if Multiple Heirs Are Entitled to the Vehicle?
If several family members inherit the vehicle together, you’ll need to agree on who gets it. All entitled heirs should either: – Sign the REG 5 form, or – Provide written consent for one person to complete the transfer
If the family can’t agree, you may need to go through probate court to resolve the dispute.
What if the Estate Exceeds the Threshold?
If your loved one’s estate (excluding vehicles) exceeds $208,850, you may need to go through probate or use a spousal property petition. However, the vehicle transfer can often still be handled through the DMV once the court issues Letters of Administration or Letters Testamentary to the executor.
Why Vehicles Usually Don’t Need to Be in a Trust
A question we often hear: “Should I put my car in my living trust?”
For most people, the answer is no—it’s not necessary.
Because California’s REG 5 process makes vehicle transfers so simple, there’s little benefit to formally titling your car in your trust. The DMV paperwork to transfer a vehicle into a trust can be cumbersome, and it creates complications with insurance and registration.
As long as your other assets are properly titled in your trust (or have beneficiary designations), your vehicle can pass easily to your loved ones using the affidavit process described above.
Key Takeaways
✓ Wait 40 days after the date of death before starting the transfer
✓ Gather your documents — death certificate, title, REG 5 form, and proof of entitlement
✓ Vehicles don’t trigger probate on their own in California
✓ Visit your local DMV in San Luis Obispo or Paso Robles to complete the transfer
✓ Consider an appointment to avoid long wait times
Need Help with Estate Planning in Paso Robles or anywhere in San Luis Obispo County?
Our firm handles all aspects of estate planning, including advising families and business owners, drafting wills, advance health care directives, and powers of attorney. We are currently not involved in Probate or Trust Administration or Litigation.
Serving families throughout San Luis Obispo County, including San Luis Obispo, Paso Robles, Atascadero, Morro Bay, Cayucos, Cambria, Templeton, Arroyo Grande, Pismo Beach, Grover Beach, and the surrounding communities.
This article is for informational purposes only and does not constitute legal advice. Laws change, and every situation is different. Please consult with a qualified attorney for guidance specific to your circumstances.
Last updated: January 2026
