How to Transfer a Car Title After Death in California

When it applies: the title is held in "beneficiary form" and names you as the transfer-on-death (TOD) beneficiary. California allows this only when there is one owner and one TOD beneficiary. When the owner dies, the car belongs to the surviving beneficiary, and a will cannot change or revoke that designation.

How the process works:

• Sign the deceased owner's name on the title and countersign on line 1, as DMV instructs for TOD beneficiaries.
• Complete a Statement of Facts (REG 256) giving the date and place of the owner's death and stating that you are entitled to the car as the designated beneficiary.
• If there is a loan on the car, arrange the lien release or keep the same lender on the title (see "The Car Still Has a Loan"). The beneficiary takes the car subject to any loan the owner had.
• Submit the title, the REG 256, a copy of the death certificate if DMV asks for one, and the transfer fee at a DMV office or by mail.

Forms: Statement of Facts (REG 256) · Bill of Sale (REG 135) (only if you sell the car directly)

Documents:

• California Certificate of Title, signed by the beneficiary for the deceased owner
• Completed REG 256
• Copy of the death certificate, if DMV requires it
• Lien release, if any
• Transfer fee

Use tax is not due on a transfer to the named TOD beneficiary. If the beneficiary died before the owner, the car goes to the owner's estate. In that case, see "No Probate" or "An Executor Has Been Appointed."

When it applies: two or more people are listed as owners on the title. What happens depends on how the names are joined.

• "OR" (or "and/or"): the car is treated as joint tenancy and passes to the surviving co-owner. The survivor's signature releases all owners' interest, unless "Tenants in Common" or "COMPRO" follows the names.
• "JTRS" (joint tenants with right of survivorship): the survivor signs the title and includes a copy of the deceased owner's death certificate.
• "AND" (shown as a slash between names when nothing was specified): each owner or their personal representative must sign. The deceased owner's share must be released by an heir with a REG 5, or by an executor or administrator with court letters.
• "Tenants in Common": the deceased owner's share goes to their estate, not the co-owner. It is released with a REG 5 or court letters.
• "COMPRO" (community property): the deceased owner's share is released by an heir with a REG 5, or by an executor or administrator.

How the process works:

• Check how the names are joined on the title.
• For "OR" or "JTRS," the surviving co-owner signs the title. DMV's manual is not consistent on whether a plain "OR" title also needs a REG 5 or death certificate, so contact DMV to confirm before you submit.
• For "AND," "Tenants in Common" or "COMPRO," get the deceased owner's share released. If you are the surviving owner and also the heir, you can complete the REG 5 yourself. The title is then signed twice: once by you and once for the deceased owner.
• If both owners have died, complete a REG 5 for the owner who died most recently and include a death certificate for each owner.
• Submit the title, supporting documents and the transfer fee at a DMV office or by mail.

Forms: Affidavit for Transfer Without Probate, California Titled Vehicle or Vessels Only (REG 5) · Statement of Facts (REG 256)

Documents:

• California Certificate of Title, signed by the surviving co-owner (and for the deceased owner where required)
• Copy of the death certificate (required for JTRS titles and for any REG 5)
• REG 5, or court letters, for "AND," "Tenants in Common" or "COMPRO" titles
• Lien release, if any
• $15 transfer fee

A REG 5 cannot be used to get around a surviving co-owner's interest. Use tax is not due when the car goes to the surviving co-owner.

When it applies: your spouse has died and you are taking over the car. The route depends on the title:

• You are a co-owner on the title: follow "The Car Was Co-Owned." If the title says "COMPRO," your spouse's share is released with a REG 5 or court letters.
• You are the TOD beneficiary: follow "The Title Names a Beneficiary (TOD)."
• The car was in your spouse's name alone: a surviving spouse who inherits the car can usually use the REG 5 after 40 days, like any other heir. The car itself and property passing to the spouse don't count toward the dollar limit.
• An executor or administrator has been appointed: they sign instead (see "An Executor Has Been Appointed").

California law also lets a surviving spouse ask the probate court for a spousal property order. No DMV source we reviewed explains how DMV handles a car transfer using that order, so contact DMV to confirm.

Forms: Affidavit for Transfer Without Probate, California Titled Vehicle or Vessels Only (REG 5) · Statement of Facts (REG 256)

Documents:

• California Certificate of Title
• Copy of the death certificate
• REG 5, if you are not a co-owner or TOD beneficiary and no probate is open
• Lien release, if any
• $15 transfer fee

Use tax is not due on the REG 5, co-owner or TOD routes, and a smog certification is not required when the car goes to a spouse.

When it applies: no probate case is open in California, at least 40 days have passed since the death, and the car is titled in California. Heirs (if there is no will) or the beneficiaries who received the car under the will use the Affidavit for Transfer Without Probate, California Titled Vehicle or Vessels Only (REG 5). A trustee of the decedent's trust, or a conservator or guardian of an heir's estate, can also sign.

The dollar limit: the car itself does not count. The limit applies to the rest of the decedent's California property, and joint-tenancy assets, trust assets and property passing to a surviving spouse don't count either. Under Probate Code §13100 as adjusted by the Judicial Council, the limit is:

• $208,850 for deaths on or after April 1, 2025
• $184,500 for deaths from April 1, 2022 through March 31, 2025
• $166,250 for earlier deaths

The REG 5 form on DMV's site still prints only the two older amounts. If the rest of the estate falls between $184,500 and $208,850 and the death was on or after April 1, 2025, contact DMV to confirm it will accept the REG 5.

How the process works:

• Wait at least 40 days after the death.
• Confirm no probate case is open in California and the rest of the estate is under the limit.
• Decide who signs. The REG 5 says "only one date and signature needed," but the Vehicle Code speaks of "all of the persons" entitled to the car. The safest practice is for every heir who shares the car to sign. If that isn't practical, contact DMV to confirm.
• Complete the REG 5 with the car's details and the decedent's name, date and place of death. Each signer signs under penalty of perjury and swears, among other things, that unsecured creditors have been paid or there are none.
• Sign the title for the deceased owner as DMV instructs. If the title is missing, use the Application for Replacement or Transfer of Title (REG 227).
• Submit the title, REG 5, a copy of the death certificate, any lien release and the transfer fee at a DMV office or by mail.

Forms: Affidavit for Transfer Without Probate, California Titled Vehicle or Vessels Only (REG 5) · Application for Replacement or Transfer of Title (REG 227) (only if the title is missing)

Documents:

• California Certificate of Title (or REG 227 if missing)
• Signed REG 5
• Copy of the death certificate
• Lien release, if any
• $15 transfer fee, plus any registration fees due

People who use the REG 5 can be responsible for the decedent's unpaid debts, to the same extent as anyone who collects property by small-estate affidavit. The REG 5 cannot be used for a car titled in another state; that title must be transferred in the state that issued it.

When it applies: a probate court has appointed an executor or administrator and issued Letters Testamentary or Letters of Administration.

How the process works:

• Get certified copies of the Letters from the probate court.
• The executor or administrator signs the title for the deceased owner and countersigns as executor or administrator. DMV's published signing example comes from its vessel guidance, so contact DMV to confirm the exact format for a car.
• Request a use tax clearance (CDTFA-111) from CDTFA online or with Form Vehicle/Vessel Use Tax Clearance Request (CDTFA-106). DMV's manual says use tax or a CDTFA-111 is due when Letters are used. How DMV handles a transfer without the clearance is not confirmed, so contact DMV or CDTFA if you are unsure.
• Submit the signed title, the Letters, the CDTFA-111 (if obtained), any lien release and the transfer fee at a DMV office or by mail.

Before Letters are issued: DMV allows the car to be moved into the name "Estate of (decedent)" with no signatures on the title, using a REG 256 stating that Letters have not been issued. Use tax and a smog certification are not required for that step; a transfer fee is.

Forms: Statement of Facts (REG 256) · Vehicle/Vessel Use Tax Clearance Request (CDTFA-106) · Application for Replacement or Transfer of Title (REG 227) (only if the title is missing)

Documents:

• California Certificate of Title, signed for the deceased owner and countersigned by the executor or administrator
• Letters Testamentary or Letters of Administration (DMV's vessel guidance accepts the original, a certified copy, or a photocopy of a certified copy, including letters from an out-of-state court; contact DMV to confirm for a car)
• CDTFA-111 use tax clearance, or payment of use tax
• Lien release, if any
• $15 transfer fee

When it applies: a lender (lienholder) is listed on the title. The loan does not go away when the owner dies. Even a TOD beneficiary takes the car subject to any loan the owner had.

How the process works:

• Contact the lender for the payoff amount and ask how it will release the lien.
• After payoff, the lienholder releases its interest on line 2 of the title, or on a notarized Lien Satisfied/Legal Owner/Title Holder Release (REG 166).
• The REG 166 cannot be used for a car that is two model years old or newer, or one with a paperless title. Ask the lender how it will release the lien in that case.
• If the same lender will stay on the new owner's title, "Same" is entered on line 2 and the lender's name and address are re-entered on the back.
• If the title is missing and a lienholder is listed, section 5 of the Application for Replacement or Transfer of Title (REG 227) must be notarized.
• Include the lien release with the ownership documents for your route (TOD, co-owner, REG 5 or Letters).

Forms: Lien Satisfied/Legal Owner/Title Holder Release (REG 166) · Application for Replacement or Transfer of Title (REG 227)

Documents:

• Lienholder release on line 2 of the title, or a notarized REG 166
• The ownership documents for your route

• Transfer fee: $15. A TOD beneficiary who sells the car directly to a buyer pays two transfer fees.
• Smog transfer fee: $8 for a gas-powered car four or fewer model years old (instead of a smog certificate).
• Replacement title: $28 if the original is lost (REG 227).
• Registration fees: if registration is due, the new owner has 20 days from the transfer date to pay without penalty.

Use tax: for an inherited car, use tax depends on the route, not on your relationship to the deceased. DMV does not charge use tax on an inheritance transferred with a REG 5, a transfer to a surviving co-owner, or a transfer to a named TOD beneficiary. CDTFA also says an inheritance from an estate is not subject to use tax. On the probate route, DMV's manual says use tax or a CDTFA-111 clearance is due, so executors can request the clearance with Vehicle/Vessel Use Tax Clearance Request (CDTFA-106) or through CDTFA's online services. The Statement of Facts (REG 256) includes a "Statement for Use Tax Exemption" section.

Smog certification: not required when the car goes to the deceased owner's spouse, parent, grandparent, sibling, child or grandchild, for a transfer to "Estate of," for a gas-powered car four or fewer model years old, or for a car made before the 1976 model year. Other transfers generally need one.

California handles title transfers through the state DMV, not county offices.

• In person: at a DMV field office. DMV suggests making an appointment so you don't have to wait in line.
• By mail: DMV, PO Box 942869, Sacramento, CA 94269.
• Business partners: DMV-authorized business partners also handle title transfers. Extra service fees may apply.
• Online: DMV does not list a current online option for a deceased owner's car.

New titles usually arrive by mail within 15 to 30 days. See DMV's title transfers and changes page for current instructions.

Who signs depends on the route:

• TOD beneficiary: can sell without first putting the car in their own name. Give the buyer the title signed for the owner, your REG 256 and a Bill of Sale (REG 135). Two transfer fees are due.
• Executor or administrator: signs the title for the deceased owner and countersigns; the buyer submits it with the Letters.
• Surviving co-owner on an "OR" or "JTRS" title: the survivor's signature releases all owners' interest.
• Heirs using a REG 5: DMV's vehicle guidance does not say whether heirs can sign directly to a buyer or must title the car first. Contact DMV to confirm.

The seller should also file a Notice of Transfer and Release of Liability (NRL) with DMV within 5 days of the sale. If probate is needed, our California probate guide walks through it.