HOW TO TRANSFER A CAR FROM A DECEDENT TO AN HEIR WITH AND WITHOUT PROBATE IN CALIFORNIA

The purpose of this article is to provide information on how to transfer a car that was owned by a decedent into the name of the rightful heir, whether it is within Probate, outside of Probate in California or in a Trust.

• Copy of the most recent registration.
• Year, Make, Model and Vehicle Identification Number.
• Mileage (or engine time).
• Any information that would assist in valuing the property, such as insurance value, prior appraisals, sale price if recently purchased, location of vehicle, general condition, and so forth.

1. Transferring a Car Owned by Decedent Outside of Probate in California:
   In certain situations, if the gross value of the decedent’s real and personal property in California does not exceed $150,000 (not including vehicles, vessels, commercial coaches, or manufactured, mobile, or floating homes) and if 40 days have elapsed since the death of the decedent, the decedent’s heir may transfer title of a vehicle/vessel without going through probate. The calculation excludes all non-probate property, such as joint tenancy assets, trust assets, 401K’s and IRA’s, Life Insurance, Pay on Death and Transfer on Death (POD and TOD) accounts, accounts with named beneficiaries, pension accounts, death benefits, some payments if the decedent was in the armed forces, unpaid salary up to $15,000.
   The requirements for transferring a car owned by decedent outside of probate in California are:
   • A REG 5 completed by the:
     1. Person(s) who succeeded to the property of the decedent.
     2. Conservator or guardian of the property of the person(s) who succeeded to the property of the decedent.
     3. Beneficiary under the decedent’s last will and testament.
     4. Trustee(s), under a trust agreement by the deceased, in which the primary beneficiaries are the next of kin.
        (A REG 5 can be obtained at: https://www.dmv.ca.gov/portal/file/affidavit-for-transfer-without-probate-california-titled-vehicle-or-vessels-only-reg-5-pdf/.)

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