How to Transfer an Automobile in California Without Probate
- Linda Varga
- 2 hours ago
- 4 min read
Short answer: Yes, you can usually transfer a car without opening a probate case in California — if you follow the right steps.
Vehicles are one of the few assets that the California Department of Motor Vehicles (DMV) allows to pass outside of formal probate when the estate meets certain criteria. The key is understanding whether the decedent’s total assets require probate and which transfer procedure applies.
At Moravec, Varga & Mooney, we guide families through these transfers every week. Here’s a clear explanation of how the process works — and when legal assistance can save time and frustration.
When a Vehicle Can Be Transferred Without Probate
California law provides simplified methods to transfer personal property, including automobiles, when the estate qualifies as a “small estate.”
Under Probate Code §13100 et seq., you can transfer assets without probate if:
The total gross value of the decedent’s estate in California does not exceed $184,500 (for deaths before April 1, 2025).
For deaths on or after April 1, 2025, the new small-estate threshold under Assembly Bill 2016 rises to $750,000 for real property and $75,000 for vehicles and other personal property combined (subject to inflation adjustments).
If the estate falls within these limits, you can use either a DMV Affidavit for Transfer Without Probate (REG 5) or a Small Estate Affidavit (Probate Code §13101) to complete the transfer.
Option 1: DMV Affidavit for Transfer Without Probate (Form REG 5)
This is the simplest method when the vehicle is the only asset being transferred.
Requirements:
The fair market value of all the decedent’s property (excluding certain joint or trust assets) is below the small-estate threshold.
40 days have passed since the date of death.
No formal probate proceeding is pending or has been granted.
You can present the Certificate of Title (pink slip) signed by the heir or next of kin.
How to File:
Complete DMV Form REG 5 (Affidavit for Transfer Without Probate).
Include a certified copy of the death certificate.
Provide proof of your relationship (such as a will, trust certificate, or declaration of heirship).
Submit the paperwork and transfer fee to your local DMV office.
The DMV will issue a new title in the heir’s or transferee’s name, usually within a few weeks.
Option 2: Small Estate Affidavit (Probate Code §13101)
If the decedent owned more than one asset, but the combined estate is still under the small-estate limit, use this method.
Steps:
Wait 40 days after death.
Prepare a Small Estate Affidavit that includes:
The decedent’s name, date of death, and county of residence.
A description of the vehicle (make, model, VIN, license plate).
The statement that no probate is pending.
A declaration under penalty of perjury that the signer is entitled to the property.
Attach:
Death certificate (certified copy).
Certificate of Title for the vehicle.
Odometer disclosure (for newer cars).
Submit the affidavit and supporting documents to the DMV with the required fee.
Once approved, the DMV will issue a new title to the heir or designated transferee.
Special Situations
If the Vehicle Is in a Trust
If the vehicle was titled in the name of a revocable living trust, the successor trustee can transfer it directly without any probate or small-estate affidavit. The trustee simply provides a Certificate of Trust and a signed DMV title transfer.
If the Vehicle Is Jointly Owned
When the vehicle is titled in joint tenancy, ownership automatically passes to the surviving co-owner. The survivor presents the title, death certificate, and REG 5 to the DMV for re-registration.
If the Estate Exceeds the Small-Estate Limit
A formal probate or spousal property petition (Probate Code §13650) may be required. Even then, the vehicle transfer is typically one of the first assets handled once the court issues Letters of Administration.
Tips to Avoid Delays
Verify the VIN and plate number match the title.
If the title is lost, request a duplicate title (Form REG 227).
Be sure the odometer statement is included for vehicles under 10 years old.
Keep copies of all paperwork — DMV staff may request additional proof.
Consider transferring the vehicle into your trust now to avoid probate entirely later.
Attorney’s Perspective: Why Legal Guidance Helps
While DMV procedures look straightforward, complications arise when:
The decedent owned multiple vehicles or out-of-state property.
There are multiple heirs disputing ownership.
The estate’s total value hovers near the small-estate threshold.
The vehicle title lists a deceased joint owner but no clear survivorship designation.
An experienced California probate attorney can prepare the correct affidavit, ensure compliance with Probate Code §13100 et seq., and coordinate any related trust or estate filings — preventing costly errors or rejected DMV submissions.
Bottom Line
In most cases, a car can be transferred without probate in California using DMV Form REG 5 or a Small Estate Affidavit under Probate Code §13101. The process requires careful documentation but not a court proceeding — as long as the estate qualifies under the small-estate limit and no competing claims exist.
At Moravec, Varga & Mooney, we help families navigate vehicle and property transfers every day, ensuring assets pass smoothly and lawfully.
📞 Call us today to schedule a consultation and learn how to protect your family’s future with effective probate avoidance strategies.