Most families in California can move a car out of a deceased owner's name without going to probate court. Which form you use depends on how the names are printed on the title. A surviving co-owner listed with "OR" signs the title. A transfer-on-death (TOD) beneficiary signs and files a Statement of Facts (REG 256). For everyone else, heirs wait at least 40 days and sign the Affidavit for Transfer Without Probate (REG 5), which comes from Vehicle Code §5910. Via Rapida Services is a licensed registration service, not the DMV.
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Offices: Stockton, 956 W Robinhood Dr, Stockton, CA 95207 · San Jose, 25 N 14th St #125 · San Rafael, 9 Vivian St. Call (209) 670-1556 and read us the names on the front of the title. That line usually decides which of the paths below applies.
Look at the registered owner line. The DMV's co-owner rules treat "OR", "AND", and the extra words after the names very differently when one owner dies.
| What the title shows | Who releases the deceased owner's interest | What goes with the title |
|---|---|---|
| Two names joined by "OR" (or "AND/OR") | The surviving co-owner. One signature releases all owners' interest. | The signed title. Bring a copy of the death certificate. |
| Names followed by "JTRS" (joint tenants with right of survivorship) | The surviving co-owner | The signed title and a copy of the death certificate (the DMV requires it) |
| Two names joined by "AND" or a slash (/) | An heir with a REG 5, or an administrator or executor with court letters | If the survivor is also the heir, the title is signed twice: once as survivor, once for the deceased owner |
| Names followed by "Tenants in Common" | The deceased owner's share goes to their estate, not the co-owner | REG 5 or Letters Testamentary / Letters of Administration |
| Names followed by "COMPRO" (community property) | An heir with a REG 5 if there was no probate, or the executor or administrator | Then the surviving owner can keep the car or sell it |
| Owner name plus "TOD" and a beneficiary | The TOD beneficiary | The beneficiary signs the owner's name and countersigns line 1, plus a Statement of Facts (REG 256) with the date and place of death |
| One owner, no TOD | The heir or heirs, after 40 days, with a REG 5, or the executor or administrator if there is a probate case | Title, REG 5, copy of the death certificate |
Sources for the table: DMV handbook 1.035 Co-Owners and Transfer on Death (TOD) Beneficiary, Vehicle Code §4150.5, and the DMV title transfers page.
A California owner can name one transfer-on-death beneficiary on the title. Under Vehicle Code §5910.5, the car belongs to that beneficiary when the owner dies. A will cannot change that. The beneficiary signs a statement under penalty of perjury with the date and place of death and that they are the named beneficiary. The DMV uses the REG 256 for this. The beneficiary can also sell the car without first putting it in their own name, by signing the title over to the buyer. Any loan on the car stays attached to it. If the beneficiary died first, the car goes to the owner's estate and the heirs use the REG 5 path below.
The REG 5 is the DMV's version of the heir certificate described in Vehicle Code §5910. The person signing states, under penalty of perjury:
The form lists who may sign: the heirs under Probate Code §§6401 and 6402 when there is no will, the beneficiary named for the car in a will, a trustee acting for the decedent's trust, or the conservator or guardian of an heir. If several heirs share the car, all of them sign. The REG 5 is only for vehicles titled in California.
The form also warns that whoever takes the car this way is subject to Probate Code §§13109–13113, the same as anyone who collects property with a small-estate affidavit. Read those sections, or ask an attorney, if the estate has debts.
No. Probate Code §13050(b)(1) leaves out any vehicle registered under the Vehicle Code when the estate is valued. The same section also leaves out property held in joint tenancy and property in a revocable trust. Section 5910 says the heir transfer works "irrespective of the value of the vehicle."
The limit is set by Probate Code §13100 and adjusted every three years. The Judicial Council's published amounts are:
| Date of death | California estate limit (§13100) |
|---|---|
| Before April 1, 2022 | $166,250 |
| April 1, 2022 to March 31, 2025 | $184,500 |
| On or after April 1, 2025 | $208,850 |
The REG 5 posted on the DMV site (revision 12/2024) prints only the first two amounts. If the owner died on or after April 1, 2025, call us or the DMV before you sign, so the affidavit matches the current limit.
Smog. Vehicle Code §4000.1(d)(2) says no smog certificate is needed when the transferor is the parent, grandparent, sibling, child, grandchild, or spouse of the person taking the car. A nephew, friend, or other heir follows the normal rules on our smog check requirements page.
Fees. The DMV charges a transfer fee, plus any registration due on the car. Amounts change, so check the DMV fee page or ask us for a figure before you come in.
Lost title. If the title cannot be found, the transfer starts with an Application for Replacement or Transfer of Title. See duplicate title, REG 227.
A loan on the car. If the lender is still on the title, the lender's release is part of the transfer. Call the lender first.
The title transfer and the insurance are separate. The DMV does not tell the insurer, and the insurer does not file anything with the DMV for you.
A licensed registration agent at Via Rapida will look at the title wording and your forms with you before anything goes in. The DMV decides on every transfer.
For a REG 5 heir transfer, at least 40 days after the death. A surviving "OR" or JTRS co-owner and a TOD beneficiary do not use the REG 5, and Vehicle Code §§4150.5 and 5910.5 do not set a 40-day wait for them.
Usually not. Vehicle Code §5910 lets heirs transfer a vehicle with the REG 5 affidavit when no other property needs probate and no probate case is open. The car itself is not counted toward the estate limit (Probate Code §13050(b)(1)).
For a death on or after April 1, 2025, the Judicial Council lists $208,850 under Probate Code §13100. Deaths from April 1, 2022 to March 31, 2025 use $184,500. Vehicles, joint-tenancy property, and revocable-trust property are left out of the count.
With "OR" between the names, the surviving co-owner's signature releases all owners' interest, unless "Tenants in Common" or "COMPRO" follows the names. Bring a copy of the death certificate with the title.
Not if you are his child, spouse, parent, sibling, grandparent, or grandchild. Vehicle Code §4000.1(d)(2) exempts those family transfers. Other heirs follow the normal smog rules.
Reviewed by Santo Militello, California-licensed Property & Casualty agent (CA License #1737723) and owner of Via Rapida Services. Insurance City Agency, LLC · CA License #6003045. Our licensed team brings more than 70 years of combined insurance experience. Call (209) 670-1556. Last reviewed 2026-10-08.
La guía para pasar el título de un carro cuando el dueño falleció está escrita en español.
Via Rapida helps with DMV paperwork as a licensed registration service and can put the car on your own auto policy in the same visit. The DMV decides on every transfer.